THE QUESTION IS, WILL THESE PROSECUTORS FACE DISCIPLINE? WILL ANY BE FIRED? Judge Dismisses Bundy Case With Prejudice After Finding of Extensive Unethical Conduct By Federal Prosecutors.

Another major case has been thrown out due to prosecutorial abuse by the United States Department of Justice. We have previously discussed cases where federal prosecutors have withheld evidence and filed false or misleading statements to the court. Now, U.S. District Court Judge Gloria Navarro has issued a dismissal with prejudice against the Justice Department in the case against Cliven Bundy and his sons due to what Navarro describes as flagrant and knowing violations of professional ethics and federal law by the Justice Department. In past cases, the Justice Department has shown little commitment to discipline, let alone terminate, anyone for the violations (or the waste of millions of dollars). In this case, however, Attorney General Jeff Sessions has called for a review of the case.

Once again, the Justice Department has been accused of violating the Brady Rule, the foundational evidentiary rule that requires prosecutors to discussed potentially exculpatory evidence to the defense. The Justice Department has been a serial violator of Brady for decades.

While many judges seem to struggle to avoid findings of misconduct against federal prosecutors, Navarro remained firm in upholding the basic tenets of judicial independence and integrity. By dismissing with prejudice, she barred the Justice Department from trying the defendants again in light of the misconduct of the federal prosecutors.

This was a disgrace, and I hope that Sessions’ review produces more than the whitewash or wrist-slap that I expect.