Is Cliven Bundy About to Throw Patriot and Militia Co-Defendants Under the Bus?


IMAGE SOURCE: Bundy mug shot

By CHERI ROBERTS for Challenging the Rhetoric

On Friday, attorneys for Cliven Bundy, leader of the 2014 Bunkerville, Nevada armed standoff with BLM and other authorities, filed a motion to sever his case from that of his co-defendants, including his own sons.

Ammon, Ryan, Mel and Davey Bundy are all facing Nevada charges; some also face additional charges in Oregon for their participation in January’s 41-day armed occupation of the Malheur National Wildlife Refuge outside of Burns, Oregon.

But, I Never Said …

In the motion, Cliven claims, among other things, that, he never organized any group of cowboys or militia to come to his ranch and confront the BLM. Adding that when supporters would call he told them that they could come, but that he was not in control or in charge of anything and that they were on their own.

He says he did not organize, direct or command the so-called “stand off”, adding it was a spontaneous out pouring of support.

Oh, What a Payne

While it is true, that on April 6, 2014, co-defendant Ryan Payne, leader of the Operation Mutual Aid (OMA)  militia — now known as Operation Mutual Defense (OMD), reached out to Bundy of his own accord, offering his and other militia assistance.

That offer was indeed welcomed and embraced by the senior Bundy.

In what could be some of the most damning public evidence against Bundy’s claim of innocence, a June 12, 2014, Missoula Independent interview, Payne said,

I told him [Cliven Bundy] what OMA was, and that, if he requested assistance, I would be calling in militia from all over the country and individuals to come, armed, to protect his family and his community from whoever it was that was trying to harm them.”

Bundy was the first to accept militia support from the OMA (OMD) organization. Two days later Payne arrived in Bunkerville, Nevada, he became the on-the-ground commander of the militia members that has already arrived, and those still in route, to the Bundy Ranch.

This was all done, not only with Bundy’s encouragement, but also his grateful blessings. Son Ryan Bundy told reporters that they were impressed that Payne had delivered on his promise and was relieved help had arrived.

In the Missoula article, Payne goes on to describe three plans he laid out for Bundy after he arrived at the ranch and assessed the situation,

We sat down and we discussed three objectives for the militia effort there. And I presented these objectives to him, and he agreed that they were good. He liked them. The first objective was the safety and security of all people involved—the Bundy family, the supporters and all of the law enforcement and pseudo law enforcement that was involved. … The second objective was to reopen all public lands that had been shut down by the BLM. They had their signs up everywhere. You heard about the First Amendment Zones [designated protest areas], I’m sure. What a ridiculous notion that is. … And the third one was the return of all stolen cattle and infrastructure.”

Payne was clear that Bundy was a part of every step in the decision making process with his militia, saying he was there as  an adviser and coordinator for OMA (OMD), noting,

I was Mr. Bundy’s militia liaison. He would tell me what he had planned, and then I would advise him as to what the militia could accomplish in support of that.”

On April 12, 2014 after giving Sheriff Gillespie one hour to meet his demands with no response, Bundy, standing on a stage decked out in the colors of the American flag, told supporters it was time, and himself making the call to action telling militia and other supporters, 

Get it going cowboys. Let’s go get ‘er done.”

The images we have seen from that day paint a very clear picture, but Payne’s own words create the meme,

We locked them down. We had counter-sniper positions on their sniper positions. We had at least one guy—sometimes two guys—per BLM agent in there. So, it was a complete tactical superiority. … If they made one wrong move, every single BLM agent in that camp would’ve died.”

Payne’s militia acted on Bundy’s order to, “get ‘er done“.

Sheriff Mack’s Human Shields 

Bundy attorneys also lay claim that none of the ‘cowboys’ or militia had their wives and/or kids at the ranch, which we all know is an outright lie as there are countless videos, especially those depicting the actual face-off, that clearly showed women and children.

In addition, CSPOA’s Sheriff Mack, is said to be the one who had suggested using the women and children as props, or as some say, human shields.

In a statement by Mack on FOX News and picked up by Rawstory, Mack said,

We were actually strategizing to put all the women up at the front. If they are going to start shooting, it’s going to be women that are going to be televised all across the world getting shot by these rogue federal officers.”

Later the same day, on Ben Swann’s radio program, Mack said,

It was a tactical plot that I was trying to get them to use,. If they’re going to start killing people, I’m sorry, but to show the world how ruthless these people are, women needed to be the first ones shot.”

Mack continued,

I’m sorry, that sounds horrible. I would have put my own wife or daughters there, and I would have been screaming bloody murder to watch them die. I would have gone next, I would have been the next one to be killed. I’m not afraid to die here. I’m willing to die here. But the best ploy would be to have had women at the front. Because, one, I don’t think they would have shot them. And, two, if they had, it would have been the worst thing that we could have shown to the rest of the world … “

Guilt by Association and Prejudice Ploy

Citing Krulevwitch v. United States, 336 U.S. 440, 454 (1949), Bundy attorneys fear their client will be found guilty for no other reason than his association with those Bundy is now throwing under the bus. The very people who had just as much to lose as he, although his motion emphasizes they did not have as much to lose. 

A co-defendant in a conspiracy trial that occupies an uneasy seat. This generally will be evidence of wrongdoing by somebody. It is difficult for the individual to make his own case stand on its own merits in the minds of jurors who are ready to believe that birds of a feather flocked together.

Krulevwitch v. United States, 336 U.S. 440, 454 (1949)

Fearing prejudice brought on by actions of others against their client, attorneys for Bundy also cite, Federal Rule of Criminal Procedure 14.

Rule 14 provides:

Relief from Prejudicial Joinder. If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the Court may order an election or separate trials of counsel, grant a severance of defendants or provide whatever other relief justice requires

The Attorneys also request, that if the motion is denied, that the court recuse itself so that the information in the motion cannot be used against Bundy or the others.

As apparent by the motion, Bundy himself has no problem using anything against the other 18 Nevada defendants, but until his case is separated, anything he says will also be used against him in a joint trial.



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16 responses to “Is Cliven Bundy About to Throw Patriot and Militia Co-Defendants Under the Bus?

  1. These clowns are not patriots. They are jerks. It would be no surprise that they all disavow each other like the wannabees and bullies they are. And Cowboys? More like the sheep camp dudes on Break Back Mountain.

    Liked by 1 person

  2. As Matt Taibbi put it, “The Bundy militiamen are an extreme example of a type that’s become common in America. Like the Tea Partiers, they seem to not only believe that they’re the only people in history who’ve ever paid taxes, but that they’re the only people who were ever sad about it. What they call tyranny on the part of the federal government just means putting up with the same irritating bills and regulations and other crap that we all put up with, only the rest of us don’t whine about it in the front seats of our cars while posing in front of tripods. These people may be dangerous, but their boundless self-pity, their outrageous sense of entitlement and their slapstick incompetence as rebels and terrorists are absolutely ridiculous.

    Liked by 1 person

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