Usdc-Nvl

Bundy v. United States District Court for the District of Nevada

Bad Law
840 F.3d 1034·2016 WL 6311104·2016 U.S. App. LEXIS 19479
United States Court of Appeals for the Ninth CircuitOctober 28, 201616-72275California24,714 words

Opinion

Opinion

I. FACTUAL BACKGROUND AND PROCEEDINGS

A. Factual Background

2 According to the indictment, in early April 2014, Petitioner Bundy and his

codefendants were involved in an armed stand-off around Bunkerville, Nevada,

with agents of the Bureau of Land Management (“BLM”). Following a more than

twenty-year legal battle over grazing fees on public lands, the federal courts

authorized the BLM to remove some 400 head of Bundy’s cattle from public lands.

See, e.g., United States v. Bundy, 2013 WL 3463610 (D. Nev. July 9, 2013). In

response to the BLM’s attempts to settle the dispute peacefully, Bundy said that he

was “ready to do battle” and “do whatever it takes” to keep the cattle. Over the

course of a week, hundreds of Bundy’s supporters congregated near Bunkerville to

prevent the BLM from removing Bundy’s cattle. Many of Bundy’s supporters

were armed, and the BLM agents ultimately withdrew from the area. The incident

attracted national, and even international, attention.

On March 2, 2016, a federal grand jury in the District of Nevada returned a

sixteen-count superseding indictment against Bundy, four of his sons, and fourteen

others. The indictment charged them with…

Lead Opinion

Bybee, J.

Attorney Larry Klayman applied to be admitted pro hac vice in the high-profile criminal trial of Cliven Bundy. The district court denied his application without prejudice. Bundy has now asked this court for a *1034 writ of mandamus to force the district court to admit Klayman. We decline to do so. Under our decisions, the district court had more than ample cause to turn down Klayman’s application: he is involved in an ethics proceeding before the District. of Columbia Bar, and he was not candid with the court about the status of those proceedings; he disclosed that he was twice barred in perpetuity from appearing pro hac vice before judges in the Central District of California and the Southern. District of New York, but he failed to list numerous cases—all available on Westlaw or LEXIS—in which he-has been reprimanded, denied pro hac vice status, or otherwise sanctioned for violating various local rules; and he has a record of going after judges personally, and shortly after Chief Judge Gloria Navarro denied his application, Bundy filed a frivolous" Bivens action against her in her own court. This litany of reasons for denying Klayman pro hgc vice status demonstrates that…

Dissenting Opinion

Gould, J.

dissenting:

We confront in this case an unusual confluence of circumstances. A highly controversial criminal defendant is a few months away from an enormous trial effort in which he and eighteen other individuals are defendants. The defendant’s chosen attorney has been denied admission pro hac vice to the district court, raising in my mind serious concerns about the defendant’s ability to mount a vigorous defense and receive a fair trial. Despite the majority’s expressed apprehensions about the chosen attorney’s willingness to follow the rules of professional conduct and the orders of the district court, while recognizing the high standards for mandamus relief, I would hold that the writ should issue. My concerns about the defendant’s ability to present a strong defense and receive a fundamentally fair trial are simply top great, leading to my dissent. •

On March 2, 2016, . Oliven D. Bundy and eighteen others were indicted on various federal charges for their alleged involvement in a “massive armed assault” on federal officials near Bunkerville, Nevada nearly two years prior. The now-unsealed Superseding Indictment alleges that -on April 12, 2014, Bundy led “hundreds of *1048…

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