BUNKERVILLE STANDOFF TRIAL BREAKING:  FEDS FILE MOTION TO BAN WATER RIGHTS AS DEFENSE

"......Saying he was quoting Mark Twain, Whipple said: 'Alcohol is for drinking, water is for fighting'.    In Cliven Bundy's mind, 'he has a right to the range because he has used it for so long'"........

"Oregon Live" story published 11/14/2017 on opening arguments from Bret Whipple, Cliven Bundy's attorney

".....Evidence and arguments of water rights could easily cause the jury to be influenced by the notion that Cliven possessed an ownership interest in the land because he may have possessed water rights on the land, and that he was wronged when ordered to remove his cattle.  Indeed, one juror presented that question to Ms. Rugwell, asking whether water rights gives ownership rights.   As seen from this question, evidence and arguments of water rights invites the jury to evaluate the validity of the Court Orders,  and thus potentially engage in jury nullification......"

Excerpt of prosecution motion of 11/19/2017

The prosecution in the third Bunkerville Standoff trial, led by Acting US Attorney Steve Myhre, filed a motion yesterday (Sunday November 19th) to prohibit water rights from being used as a defense argument in the trial.

The motion mentions " preclude the defendants from introducing evidence of water rights, fencing laws, open range laws and any other topic that would constitute a collateral attack on the merits of the 1998 and 2013 Court Orders and that could lead to jury nullification."

LINK TO PROSECTION MOTION

Court resumes later today.

Next post later today.