LONG SHADOW: The wake of the recent mass tragedy in Las Vegas has overtaken other current event, including the Bundy Trial (Image: Mandalay Bay Hotel & Resort)
By Mark Anderson
The TRUTH HOUND
LAS VEGAS—Although the ongoing Bundy trial in the U.S. District Court in Las Vegas, Nevada has had its share of dramatic changes, that’s especially true lately.
A major twist is that internet-radio personality Pete Santilli — one of seven defendants in the trial that had been set to begin with jury selection on Oct. 10th before it was delayed again —“plead guilty (on Friday, Oct. 6) and was released pending sentencing,” confirmed his attorney, Chris Rasmussen of Las Vegas.
In that highly anticipated trial, with Santilli now excluded due to his plea, the federal government is trying elder rancher Cliven Bundy, his sons Ammon and Ryan, and militia leader Ryan Payne. Two other defendants, O. Scott Drexler and Eric Parker, who are being retried for a third time from earlier proceedings will join the others in this second of three planned trials.
Another development is that, due to concerns that the Oct. 1st mass shooting at Mandalay Bay Hotel might prevent the defendants from getting a fair shake.
According to Ryan Payne’s attorney, the Vegas shooting has the potential to bias jurors, and has asked that the trial be moved to Nevada’s second largest city, Reno, located seven hours north of Las Vegas.
But while moving the proceedings 450 miles away to Reno’s federal court appears unlikely as of this writing, the Las Vegas federal court issued yet another delay in this complicated trial. Therefore, the previously announced Oct. 10 date for jury selection for the second trial will be changed to on, or around, Oct. 30th.
And even that could be subject to change again, given the already bumpy track record of this multiple-defendant case — in which the federal government has had a hard time making its allegations stick.
Only Gregory Burleson, who’s wheelchair-bound and reportedly has developed blindness, has been sentenced — to 68 years, no less. He was convicted in the first trial that began in early February. A co-defendant in that trial, Todd Engel, is expected to be sentenced Dec. 22, though several other defendants have been cleared of numerous charges.
SANTILLI’S JOURNEY
Santilli, who shot extended livestream video footage at the Malheur National Wildlife Refuge building near Burns, Oregon, was held on remand for his role in that latter-2015, early-2016 affair.
The controversial internet radio personality has had his share of critics, both in and out of the court room. Some critics alleged that his some of the “journalistic” coverage shot in Oregon enabled the government to more closely monitor the Bundys and their supporters who had peacefully occupied the abandoned building to protest onerous federal land controls and the unlawful arrest of the Hammonds, local ranchers who had fallen foul of federal agents from the Bureau of Land Management (BLM). Others, however, felt his coverage would have provided a helpful account of events had federal agents decided to take the building by force. During the Oregon hearings, his defense attorney argued that much footage which he had broadcast on his YouTube channel should be considered as protected speech under the First Amendment.
On the eve of last September’s Oregon trial – Santilli had all charges dismissed against him.
Although later cleared of Oregon-related charges, Santilli remained in federal custody and was transferred to Nevada to stand trial for his role in the famous spring 2014 “standoff” at Bundy Ranch in Bunkerville, Nevada – an event that saw Cliven Bundy, his sons and other supporters gather to protest the policies of the BLM and other agencies. Federal agents unsuccessfully attempted to confiscate Cliven’s cattle over alleged claims that he owed significant federal grazing fees, and concerning a EPA court order over a contested environmental mitigation policy concerned the relocation of the Desert Tortoise. From the onset of the controversy, Cliven Bundy has maintained the federal government lacks jurisdiction in that part of southern Nevada and that the fees don’t apply, citing legal and historical matters.
In Nevada, Santilli pleaded guilty to Count 2 — a single felony count of obstruction of justice, based on the government’s claim that he used his own vehicle to impede the movement of an approaching BLM convoy during the attempted cattle impoundment.
When the convoy stopped, officers were then confronted by members of the Bundy family and their supporters — an incident which Santilli then filmed and posted on YouTube, which went instantly viral, garnering 1.5 million views in just a few days. Many had credited Santilli’s video as one of the catalysts for the one thousand or so supporters and militia who then arrived at Bundy Ranch over the following 72 hours before the standoff on April 12, 2014.
Like all the other defendants, he was initially charged with all 16 counts contained in the original federal complaint — which carried a potential maximum sentence of life in prison, upon conviction for all or most of those counts.
Interestingly, Santilli’s attorney, Mr. Rasmussen, motioned in court, and later told this writer, that the government may consider the prison time that Santilli has already served — behind bars since Jan. 26, 2016 — as either sufficient punishment for that felony charge in a best-case scenario, or the court may at least consider giving him credit for that time served, even if he’s given a longer sentence at his expected sentencing hearing on Jan. 11, 2018 at 8 a.m.
PLEA BARGAIN DETAILS
A reading of the plea agreement shows that the government reserves the right to impose a longer prison term, possibly six years, on Santilli.
Also, Rasmussen noted that residing Judge Gloria Navarro is not bound by the agreement’s recommendations, meaning she could choose to alter them when she sentences Santilli.
Meanwhile, two pending defense motions — one to exclude Oregon-related evidence in the government’s Nevada case against Santilli, and another to challenge the government’s claim that Santilli could not excuse his Nevada actions because of his journalistic background — have become moot due to this plea bargain, Rasmussen added.
The agreement’s terms may raise the question of whether the other defendants’ actions will be seen in a more negative light, given the fact that Santilli’s guilty plea to the felony-obstruction charge requires — under penalty of perjury — that he accept the following government-sourced narrative as “true and correct.”
The maximum penalty for “Conspiracy to Impede or Injure a Federal Officer,” as this count against Santilli is formally named under 18 U.S.C. § 372, is six years imprisonment, a fine of $250,000, or both.
But in the shifting sands of these proceedings, the understanding at this juncture is that Santilli will owe neither a fine nor restitution, nor will there be forfeiture of his assets — provided he meets the terms of his release until he’s sentenced. Although according to Rasmussen, Santilli will not be electronically monitored, despite speculation that he would be tagged.
RETURNING TO INTERNET RADIO
Notably, Santilli, who is expected to return to his hometown of Cincinnati, Ohio, during the week starting Monday Oct. 16, will reportedly be allowed, at least for the time being, to resume broadcasting his news content.
Asked if Santilli would be able to comment on the Bundy trial itself, Rasmussen replied in writing: “He can do whatever he wants as long as he’s not committing crimes. The First Amendment allows him to comment on anything unless it is threatening or inciting violence.”
Furthermore, attorney Rasmussen said that Santilli is under a “self-imposed” gag order, not a government-imposed one, meaning he has chosen not to talk to reporters.
Also, Santilli will not testify against the other defendants and will not have to turn over his journalistic “work products,” but only “raw discovery” information from court proceedings. And the plea bargain stresses he must remain crime-free regarding federal, state and local laws and among other things must avoid any known association with anyone who’s breaking any law. The plea agreement also restricts him from significant travel – initially only between southern Nevada and Cincinnati, Ohio.
Nor can Santilli possess a gun or any other item deemed by the government as a weapon. Just failing to show up for a hearing or some other procedural matter, let alone larger infractions, could result in this deal being dissolved.
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