EDITORIAL: The Bundy case and due process

The federal prosecutors in the Bundy case must be gluttons for punishment. Having taken a spectacular beating during the first two rounds, they now seek a third trial against two of the defendants.

The government arrested 17 men for their roles in the 2014 standoff near Cliven Bundy’s ranch outside of Bunkerville and charged them with everything possible. The confrontation, involving armed resisters and government agents, stemmed from the BLM’s effort to remove Bundy’s cattle from the range for his refusal to pay grazing fees.

The first trial featured six defendants and resulted in only two convictions, with the jury deadlocking on charges against the other four.

The August retrial of those four men was a total washout for the government, despite the judge having bent over backward to limit the defense and indulge the prosecution. Jurors found two defendants not guilty of all charges. Two others, Scott Drexler and Scott Parker, were cleared of most counts, but the jury deadlocked on a handful of others.

In both trials, news accounts reported jurors weren’t even close to accepting the government’s case. Yet Acting U.S. Attorney Steven Myhre now insists on staggering out of his corner for round three.

There are few checks on a federal prosecutor’s immense power, so defense attorneys and taxpayers have little recourse. U.S. District Judge Gloria Navarro has set the third trial for Sept. 25.

That trial only further delay proceedings against the other 11 defendants, many of whom have been held without bail for more than year despite posing no real threat or flight risk. Last week, attorneys for a handful of these men, including Cliven Bundy, indicated they would again seek their release pending trial.

They have a good case, particularly on due process or speedy trial grounds. In addition, the weakness of the government’s case has been readily apparent given the inability of prosecutors to persuade even a simple majority of jurors to vote to convict.

Judge Navarro last week agreed to allow Mr. Drexler and Mr. Parker to return home to Idaho while awaiting their third go-round. That’s as it should be. And as this case drags on, it’s getting more and more difficult for the government to justify locking up the remaining defendants in perpetuity before they’re even allowed their day in court.