#Bundys acquitted in #Malheur Wildlife Refuge seizure: Daily Bullshit, October 27-29, 2016 (updated 4x)

It was too late when I got back home to finish this installment prior to midnight on October 27. And again on October 28.

Updated to add stories I forgot to add on Gambia’s withdrawal from the International Criminal Court. Updated again for a Seattle Times account of the actions taken against the Dakota Access Pipeline protesters. Updated yet again for the re-opening of the Federal Bureau of Investigation investigation into Hillary Clinton’s email server and for articles on the Bundy jury verdict.


Bundys

I imagine this outcome[1] will be incomprehensible to many of my left-leaning friends.[2]

“This is off-the-charts unbelievable,” said Matthew Schindler, an attorney for defendant Kenneth Medenbach. “I had been telling my client you can count on being convicted. You don’t walk into a federal court and win a case like this. It just doesn’t happen.”[3]

It appears the jury took very seriously—I think perhaps too seriously and unrealistically seriously—a need to demonstrate ‘intent’ to impede federal workers—the Bundys and their cohorts arguably ‘intended’ only to protest the convictions of two ranchers and what they allege is federal overreach—and felt that the prosecution had failed to establish that case.[4] This explanation, in my mind, fails to account for the acquittals in the remaining charges.

I do not know what repercussions may fall upon the prosecutor who failed in this case. I would not want to be that person.

Associated Press, “Leaders of Oregon standoff acquitted of federal charges,” Politico, October 27, 2016, http://www.politico.com/story/2016/10/oregon-standoff-leaders-acquitted-230421

Maxine Bernstein, “How the jury reached its verdicts in the Oregon standoff case,” Oregonian, October 27, 2016, http://www.oregonlive.com/oregon-standoff/2016/10/how_the_jury_reached_its_verdi.html

Hal Bernton, “Jury acquits leaders of Malheur wildlife-refuge standoff,” Seattle Times, October 27, 2016, http://www.seattletimes.com/seattle-news/crime/verdict-near-in-malheur-wildlife-refuge-standoff-trial/

Maxine Bernstein, “Oregon standoff prosecutors failed to prove ‘intent’ to impede federal workers,” Oregonian, October 28, 2016, http://www.oregonlive.com/oregon-standoff/2016/10/juror_4_prosecutors_in_oregon.html


Dakota Access Pipeline

Tragically, but unsurprisingly, capitalist destroyers of the environment prevail.[5]

Associated Press, “Local sheriff’s office getting impatient with Dakota Access protesters,” Canadian Broadcasting Corporation, October 27, 2016, http://www.cbc.ca/news/world/dakota-access-protesters-refuse-request-1.3823568

Associated Press, “Police evict protesters from North Dakota pipeline site,” Canadian Broadcasting Corporation, October 27, 2016, http://www.cbc.ca/news/business/dakota-access-protesters-police-1.3824285

Indian Country Today, “Large Police Action Underway at DAPL Site,” October 27, 2016, http://indiancountrytodaymedianetwork.com//2016/10/27/large-police-action-underway-dapl-site-166234

Lynda V. Mapes, “Pepper spray, chaos as N.D. pipeline protesters cleared from private land,” Seattle Times, October 27, 2016, Pepper spray, chaos as N.D. pipeline protesters cleared from private land

Mark Trahant, “How Far Will North Dakota Go? The Illogical Conclusion Is Too Terrible to Think About,” Indian Country Today, October 27, 2016, http://indiancountrytodaymedianetwork.com//2016/10/27/how-far-willth-dakota-go-illogical-conclusion-too-terrible-think-about-166218


International Criminal Court

Foreign Policy, “Is the International Criminal Court Crumbling Before Our Eyes?” Yahoo! October 26, 2016, https://www.yahoo.com/news/international-criminal-court-crumbling-eyes-171401178.html

Voice of America, “Gambia Latest African Country to Withdraw From International Criminal Court,” October 26, 2016, http://www.voanews.com/a/gambia-latest-african-country-to-withdraw-from-icc/3566570.html


Hillary Clinton

The emails that appear to have prompted the Federal Bureau of Investigation to re-open its investigation[6] appear unrelated to the 33,000 that aren’t actually lost after all, but the FBI declined to retrieve.[7] Jonathan Turley has now repeatedly expressed doubts about the FBI investigation.[8]

I have been critical recently of the handling of the FBI investigation, particularly in the granting of immunity to key potential targets. I recently wrote a column on FBI investigation into the Clinton email scandal and revised my view as to the handling of the investigation in light of the five immunity deals handed out by the Justice Department.  I had previously noted that FBI Director James Comey was within accepted lines of prosecutorial discretion in declining criminal charges, even though I believed that such charges could have been brought. However, the news of the immunity deals (and particularly the deal given top ranking Clinton aide Cheryl Mills) was baffling and those deals seriously undermined the ability to bring criminal charges in my view.[9]

Turley stops short of saying what I will: The FBI appears to have bent over backwards to avoid even being able to charge Clinton. Which is to say that, as far as I can tell, everyone’s worst suspicions about that investigation are now confirmed. And my guess is the whitewash will continue.

Note: Bill Blum’s column was originally published on July 5. Truthdig has republished it in light of the FBI’s decision to re-open the investigation.[10] I doubt I picked it up before.

Cooper Allen and Kevin Johnson, “New emails under review in Clinton case emerged from Weiner investigation,” USA Today, October 28, 2016, http://www.usatoday.com/story/news/politics/elections/2016/10/28/fbi-director-clinton-emails-investigation/92889594/

Bill Blum, “In a Rigged System, Hillary Clinton Is Too Big to Indict,” Truthdig, October 28, 2016, http://www.truthdig.com/report/item/is_hillary_clinton_too_big_to_indict_20160705

Nomi Prins, “Waking Up in Hillary Clinton’s America,” Truthdig, October 28, 2016, http://www.truthdig.com/report/item/waking_up_in_hillary_clintons_america_20161028/

Jonathan Turley, “Comey Sends Letter To Congress Citing New Evidence (and An Investigation) In The Clinton Email Scandal,” October 28, 2016, https://jonathanturley.org/2016/10/28/comey-sends-letter-to-congress-citing-new-evidence-and-an-investigation-in-the-clinton-email-scandal/

Harper Neidig, “Justice Dept. warned FBI against letter on Clinton emails,” Hill, October 29, 2016, http://thehill.com/blogs/ballot-box/presidential-races/303440-justice-department-warned-against-comey-letter


  1. [1]Associated Press, “Leaders of Oregon standoff acquitted of federal charges,” Politico, October 27, 2016, http://www.politico.com/story/2016/10/oregon-standoff-leaders-acquitted-230421
  2. [2]Hal Bernton, “Jury acquits leaders of Malheur wildlife-refuge standoff,” Seattle Times, October 27, 2016, http://www.seattletimes.com/seattle-news/crime/verdict-near-in-malheur-wildlife-refuge-standoff-trial/
  3. [3]Hal Bernton, “Jury acquits leaders of Malheur wildlife-refuge standoff,” Seattle Times, October 27, 2016, http://www.seattletimes.com/seattle-news/crime/verdict-near-in-malheur-wildlife-refuge-standoff-trial/
  4. [4]Maxine Bernstein, “Oregon standoff prosecutors failed to prove ‘intent’ to impede federal workers,” Oregonian, October 28, 2016, http://www.oregonlive.com/oregon-standoff/2016/10/juror_4_prosecutors_in_oregon.html
  5. [5]Associated Press, “Police evict protesters from North Dakota pipeline site,” Canadian Broadcasting Corporation, October 27, 2016, http://www.cbc.ca/news/business/dakota-access-protesters-police-1.3824285
  6. [6]Cooper Allen and Kevin Johnson, “New emails under review in Clinton case emerged from Weiner investigation,” USA Today, October 28, 2016, http://www.usatoday.com/story/news/politics/elections/2016/10/28/fbi-director-clinton-emails-investigation/92889594/
  7. [7]Next Web, “Hillary Clinton email saga continues as 33,000 erased emails may not be ‘missing’ after all,” October 26, 2016, http://thenextweb.com/politics/2016/10/26/hillary-clinton-email-saga-continues/
  8. [8]Jonathan Turley, “Clinton confidant’s immunity deal looms over debate,” USA Today, September 26, 2016, http://www.usatoday.com/story/opinion/2016/09/26/hillary-clinton-emails-mills-server-immunity-jonathan-turley/91092182/; Jonathan Turley, “House Committee: FBI Cut Side Deal To Limit Search Of Computers Of Key Clinton Aides And To Allow The Computers To Be Destroyed,” October 4, 2016, https://jonathanturley.org/2016/10/04/house-committee-fbi-cut-side-deal-to-limit-search-of-computers-of-key-clinton-aides-and-to-allow-the-computers-to-be-destroyed/; Jonathan Turley, “Comey Sends Letter To Congress Citing New Evidence (and An Investigation) In The Clinton Email Scandal,” October 28, 2016, https://jonathanturley.org/2016/10/28/comey-sends-letter-to-congress-citing-new-evidence-and-an-investigation-in-the-clinton-email-scandal/
  9. [9]Jonathan Turley, “Comey Sends Letter To Congress Citing New Evidence (and An Investigation) In The Clinton Email Scandal,” October 28, 2016, https://jonathanturley.org/2016/10/28/comey-sends-letter-to-congress-citing-new-evidence-and-an-investigation-in-the-clinton-email-scandal/
  10. [10]Bill Blum, “In a Rigged System, Hillary Clinton Is Too Big to Indict,” Truthdig, October 28, 2016, http://www.truthdig.com/report/item/is_hillary_clinton_too_big_to_indict_20160705

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