In Re Klayman

USCA Case #18-7024 Document #1718145 Filed: 02/15/2018 Page 1 of 73
FEB
CaseNo.
RECEIVED
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF
COLUMBIA CIRCUIT
In re: Larry Klayrnan,

Petitioner
V.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
333 Constitution Ave. NW
Washington, D.C., 20001
Respondent
From the United States District Court For the District of Columbia
The Honorable Colleen Kollar-Kotelly, Presiding
Case No. 1 :06-cv-00670
PETITION FOR WRIT OF MANDAMUS
Oral Argument Requested
Larry Klayman, Esq.

KLAYMAN LAW GROUP, P.A.
2020 Pennsylvania Avenue, NW
Suite $00 Washington, D.C. 20006
Tel: (310) 595-0$00
Email: lek1ayman(gmai1.corn
Date: February 13, 201$
Pro Se
TABLE OF CONTENTS
Corporate Disclosure Statement 1

Certificate as to Named Parties and Interested Parties 1
Jurisdictional Statement 2
Questions Presented for Review 2
Statement of Facts 2
Judge Kotelly’s Bias and Anirnus Demonstrated in the FOIA Matter 3
Judge Kotelly’s Bias and Animus Demonstrated in This Instant Matter 12
Judge Kotelly’s Bias and Animus Demonstrated in Other Matters 15
Summary of Argument 16
Legal Argument 17
Relevant Legal Standards 17
The All Writs Act 17
Disqualification 17
The District Court Committed Clear Error 20
Denial of Motion to Disqualify 20
Denial of Motion for Leave to Amend Second Amended Complaint 22
Mandamus is Warranted to Confine the District Court to the Lawful
Exercise of its Jurisdiction 24
Mr. Klayman Has No Other Means Of Obtaining Immediate Review Needed
to Avoid a Serious and Manifest Injustice 24
A Stay of Proceedings is Warranted 25
Conclusion 26
TABLE OF AUTHORITIES
Cases
Bush v. Risk Mgmt. Agency/United States Dep’t ofAgric.,2017 WL 2483704 (N.D.
Iowa June 8, 2017 10
Gormley v. Judicial Conduct Comm ‘n, 332 S.W.3d 717 (Ky. Aug. 26, 2010) 19
Hilton v. Braunskill, 481 U.S. 770 (1987) 25
Hollingsworth v. Perry, 558 U.S. 183 (2010) 17
In re CementAntitrustLitig., 688 F.2d 1297 (9th Cir. 1982) 24
In re Quirk, 705 So. 2d 172, 178 (La. Dec. 12, 1997) 19, 21
Inre United States, 158 F.3d26(lstCir. 1998) 19
Judicial Watch, Inc. v. Comm ‘ii on United States--Pacific Trade & mv. Policy,
1999 U.S. Dist. LEXIS 23417 10
Judicial Watch, Inc. v. Exp.-Imp. Bank, 108 F. Supp. 2d 19 (D.D.C. 2000) 10
Klayinan v. Judicial Watch, Inc., 628 F. Supp. 2d 84 (D.D.C. 2009) 13, 14, 20
Klayrnan v. Judicial Watch, Inc., 802 F. Supp. 2d 137 (D.D.C. 2011) 14
LaBuy v. Howes Leather Co., 352 U.S. 249(195 7) 24
Liteky v. United States, 510 U.S. 540 (1994) 19,24
Nichols v. Alley, 71 F.3d 347 (10th Cir. 1995) 19
Nken v. Holder, 556 U.S. 418 (2009) 25
Republic ofPan. v. American Tobacco Co., 217 F.3d 343 (5th Cir. 2000) 19
Scott v. United States, 559 A.2d 745 (D.C. 1989) 18
United States v. Dandy, 998 F.2d 1344 (6th Cir. 1993) 19
United States v. Kelly, 888 F.2d 732 (llthCir. 1989) 19
W. Ctr. for Journalism v. IRS, 116 F. Supp. 2d 1 (D.D.C. 2000) 10
Wardv. City ofMonroeville, 409 U.S. 57 (1972) 18, 26
Wolfv. C.I.A., 569 F. Supp. 2d 1 (D.D.C. 2008) 10
York v. United States, 785 A.2d 651 (D.C. 200)1 18
Statutes
28 U.S.C. § 1651.2,17
28 U.S.C. § 144
. 17, 18, 26
28 U.S.C. § 455 17, 26
Secondary Sources
ABA Code of Judicial Conduct Canon 3(C)(1) 12
CORPORATE DISCLOSURE STATEMENT
Petitioner Larry Klayman (“Mr. Klayman”) is a natural person and is not an
officer, director, or majority shareholder of any publicly traded corporation. There
is no parent corporation or publicly-held corporation that owns more than ten percent
of its stock, or any of the stock.
CERTIFICATE AS TO NAMED PARTIES AND INTERESTED PARTIES
Petitioner certifies that:
A. Parties-Petitioner
1) Mr. Klayman is a natural person
B. Parties-Respondent
1) The Honorable Colleen Kollar-Kotelly (“Judge Kotelly”)
2) U.S. District Court for the District of Columbia
C. Interested Parties Participating
There are no other interested persons to identify for this specific matter.
D. Amicus Curiae
The Petitioner is not aware of any amicus curiae participating.
E. Related Cases
Klayman v. Zuckerberg, et at, I: ll-cv-OO$74 (D.D.C); Ktayman v. Judicial
Watch, 1: 17-cv-00034 (D.D.C).
1
JURISDICTIONAL STATEMENT
This Court has jurisdiction to hear this case pursuant to 2$ U.S.C. § 1651.
“The Supreme Court and all courts established by Act of Congress may issue all
writs necessary or appropriate in aid of their respective jurisdictions and agreeable
to the usages and principles of law.” 2$ U.S.C. § 1651. Venue is proper in the U.S.
Court of Appeals for District of Columbia Circuit (“DC Circuit”) as the subject
District Court is within the DC Circuit of the federal judicial system.
OUESTION PRESENTED FOR REVIEW
1. Did the District Court err by failing to recuse and disqualify itself despite the
Honorable Colleen Kollar-Kotelly s (“Judge Kotelly”) clearly demonstrated

‘
extrajudicial bias and animus against Mr. Klayman that has resulted in severely
prejudicial rulings and denied him due process going into a trial scheduled to
commence on February 26, 201$?
STATEMENT OF FACTS
This Petition centers around the clear personal animus and bias exhibited by
Judge Kotelly towards Mr. Klayman that has resulted in severely prejudicial rulings
that have negatively affected and harmed not just Mr. Klayman, but also his clients.
In order to protect his due process and other rights, Mr. Klayman has filed a Motion
to Disqualify Judge Kotelly, ECF No. 414, which Judge Kotelly predictably denied.
ECF No. 425. As such, given the fact that Judge Kotelly has effectively pre-tried this
2
instant matter and precluded Mr. Klayman from even effectively presenting his case
to a jury, Mr. Klayman simply has no recourse but to seek relief from the DC Circuit
in the form of this Petition in order to remedy the deep-seated bias and animus
demonstrated towards him and to preserve what remains of his due process and other
rights, as well as such other relief that may be deemed just and proper.
I. Judge Kotelly’s Bias and Animus Demonstrated in the FOIA Matter
Regrettably, Judge Kotelly’s deep-seated bias and animus against Mr.
Klayman is not limited to the instant matter, and has been recently shown the most
strongly in freedom Watch v. Bureau of Land Management et al, 1: 16-cv-2320
(D.D.C) (the “FOIA Case”), which crucially negatively affects not only Mr.
Klayman, but also those whom he represents.’ The FOIA Case is predicated on the
Bureau of Land Management (“BLM”) and Federal Bureau of Investigation’s
(“FBI”) willful failure to perform its duty to produce relevant documentation under
the Freedom of Information Act sought by Freedom Watch pertaining to the criminal
trial Cliven Bundy (“Mr. Bundy”), who was indicted on charges stemming from a
raid on his ranch by federal agents from the BLM and the FBI in an attempt to seize
his cattle and his land. Freedom Watch filed this case to both inform the public,
pursuant to its mission as a non-profit government watchdog organization, but also
because the documents were useful to Mr. Bundy in his defense. From the very
1
Mr. Klayman is the founder, chairman, and general counsel of Freedom Watch.
3
outset, of the FOIA Case, Judge Kotelly has exhibited her vindictive bias and animus
towards Mr. Klayman, which harmed the rights of his client.
The FOIA Case was originally filed on May 25, 2016 as a separate case.2 At
that time, the Defendants in the FOIA case fabricated an issue regarding the
transmission of the underlying FOIA request. Despite the fact that Freedom Watch
submitted affidavits attesting to proper service via fax, Judge Kotelly, vindictively
searching for a way to derail Freedom Watch, Mr. Klayman, and Mr. Bundy,
regrettably but unsurprisingly accepted the FOIA Defendants’ false assertions that
they were never served with the FOIA requests. ECF No. 16 at 9. This forced
Freedom Watch to voluntarily dismiss the original case and refile it under the
currently active case number set forth above. All in all, this caused a severely
prejudicial delay of six months to Freedom Watch, Mr. Klayman, and Mr. Bundy.
Then, in a Status Report and Proposed Schedule filed by U.S. Attorney
Melanie Hendry in the FOIA Case on May 31,2017, Ms. Hendry, after consultations
with the FBI and BLM Defendants, incredulously estimated that it will take “at least
500 months to complete its entire production of responsive documents....” ECF No.
30 at 2. However, as Freedom Watch logically pointed out in its response:
[TJhe documents at issue have already been culled by the defendants in

preparation for and use during the on-going prosecutions related to the
successful Bundy ranch standoff in Las Vegas federal court. Thus,
2freedoin Watch, Inc. v. Bureau ofLand Management et al, 1:1 6-cv-00992

(D.D.C.).
4
estimated time needed to complete production is clearly not made in

good faith....
ECF No. 31 at 1. Indeed, even without the benefit of any additional facts or
knowledge, the FOIA Defendants’ outrageous estimated, obviously false, and
fabricated timeline of 41 years to complete document production is in and of itself
patently unbelievable. Any truly neutral and independent arbiter would have
immediately ruled as such, given the fact that under the FOIA Defendants’ ridiculous
and outrageous proposed tirneline, Mr. Bundy, Mr. Klayman, and Judge Kotelly will
all have been dead for many years before documents are produced, and Ms. Hendry
would have likely been retired for decades. However, not only did Judge Kotelly
take no issue with the FOIA Defendants’ obviously false timeline, she took proactive
steps to protect the FOIA Defendants, such as denying Freedom Watch leave to even
take limited discovery regarding the FOIA Defendants’ “search.” There is no
rational legal basis for this ruling by Judge Kotelly. It can only be explained by a
clear vindictive, extrajudicial bias and animus against Mr. Klayman and by
extension, his clients.
Now, it has been further revealed exactly why the FOIA Defendants falsely
asserted that it would take them 41 years to produce relevant documentation, as the
have been confirmed to be intricately involved in a large-scale cover-up and scandal
involving the BLM, FBI, and the U.S. Department of Justice (“USDOJ”). This was
revealed by a whistleblower who had served as the lead investigator for the BLM
5
following the Bundy Ranch Standoff, Mr. Larry Wooten (“Mr. Wooten”). Exhibit
i. Mr. Wooten wrote that his investigation “indicated that there was little doubt that
there was an improper cover up in virtually every matter that a particular BLM SAC
participated in....” Id. at 5. Part of this cover up was the “loss/destruction of, or
purposeful non-recording of key evidentiary items.” Id. at 11. BLM agents “failed
to properly disclose substantive and exculpatory case and witness bias related issues
to the U.S. Attorney’s Office.” Id. at 8. Crucially, Mr. Wooten shared these
revelations with his supervisors and with Acting U.S. Attorney for the District of
Nevada, Mr. Steven Myhre (“Mr. Myhre”), Assistant U.S. Attorney Nadia Ahmed,
and FBI special agent Joel Willis, and as a result he was precipitously removed from
the investigation and all of his files were confiscated “because they contained
significant evidence of misconduct and items that would potentially embarrass BLM
Law Enforcement Supervision.” Mr. Wooten was informed by his supervisor that it
was Mr. Myhre himself that had “furiously demanded” that he be removed from the
investigation, and he was ordered not to contact Mr. Myhre’s office again. Even
more, as reported by “The Arizona Central,” Mr. Wooten accused Mr. Myhre of
covering up evidence:
Not only did Mr. Myhre in my opinion not want to know or seek out
evidence favorable to the accused, he and my supervisor discouraged
Mr. Wooten’s memorandum was filed under seal, but has since been leaked to the
media, and is available in the public domain. A redacted unsealed version is
attached and incorporated by reference as Exhibit 1.
6
the reporting of such issues and even likely covered up the misconduct,”
Wooten wrote. “Furthermore, when I did report the misconduct, ethical,
professional and legal issues, I also became a victim of whistle-blower
retaliation.
Mr. Wooten’s memorandum explicitly sets forth a wide-reaching scandal and
obstruction of justice, involving unethical and criminal misconduct on nearly every
level of the Bundy Prosecution amounting to obstruction of justice.4 Indeed, the
Honorable Gloria Navarro (“Judge Navarro”), who was characterized by the
mainstream publication the Las Vegas Review Journal as a “friend” of the
prosecutors in the Bundy Prosecution,5 had no choice but the lambast the gross and
illegal bad faith and misconduct of the FBI in conjunction with the prosecuting
attorneys in hiding, shredding, and destroying documents and other exculpatory
The destruction and cover-up of potentially exculpatory evidence is not limited to

the BLM. On November 6, 2017, counsel for Mr. Bundy in the Bundy Prosecution
filed an Emergency Motion to Dismiss for Discovery Misconduct where he stated
“[djuring the testimony of witness Mary Hinson, it was revealed that a ‘live video
feed’ depicting the Bundy home, and ingress and egress from the home, was being
piped into the BLM ‘Command Center’ during the events in question.” “The
existence of this video surveillance has never been disclosed to the defense. No
copy of the video has been produced pursuant to the government’s affirmative duty
to disclosure relevant and material evidence to the defense.... The defense first
learned of the actual existence of such facts and evidence on November 3, 2016,
after trial had already begun.”
EDITORIAL: Judge bans defense arguments in Bundy retrial, Las Vegas Rev. J.,
Jul. 13, 2017, available at:
https ://www.reviewj ournal.com/opinio&editorials/editorial-judge-bans-defense
arguments-in-bundy-retrial/
7
A
evidence as she had no choice but to dismiss the superseding indictment against Mr.
Bundy with prejudice due to the gross prosecutorial misconduct and bad faith. While
running through a list of documents that were wilfully destroyed, shredded or
hidden, Judge Navarro found:
Additionally, the Court concluded that the government willfully failed

to disclose potentially exculpatory, favorable and material information,
including, but not limited to, the following documents and their
contents: The FBI Law Enforcement Operation order; the FBI Burke
302 about Agent Egbert; the FBI 302 about BLM Agent Delmolino
authored by FBI Agent Willis; the FBI 302 about BLM Special Agent
Felix observing the LP/OP, the Listening Post/Operation Post; the FBI
302 about BLM Racker and his assignment to the LP/OP; the
unredacted FBI TOC log; and the various threat assessments created by
different agencies, including the BLM and FBI. It seems no coincidence
that most, if not all, of these documents are authored by the FBI.
Exhibit 2.
As set forth previously, a truly neutral and independent arbiter who is free of
extrajudicial bias and prejudice would have sua sponte questioned the FOIA
Defendant’s estimation that it would take 41 years to produce relevant
documentation, given the patent outrageousness of the assertion, even without the
benefit of the knowledge of the damning revelations set forth by Mr. Wooten.
Exhibit 1. Not only did Judge Kotelly simply “rubber stamp” accept this blatantly
false assertion, she precluded Freedom Watch from even taking limited discovery as
to the search. Giving Judge Kotelly the benefit of the doubt, Freedom Watch moved
for leave to take discovery again, recently, on December 19, 2017, ECF No. 51.
8
a
Freedom Watch’s renewed motion contained the damning revelations set forth by
Mr. Wooten, which indisputably confirm the massive cover-up and scandal
committed by the FOIA Defendants that firmly explains their proposed 41-year
timeline for the production of documents. Yet, even with this this new, concrete
evidence, Judge Kotelly has refused to issue a ruling on Freedom Watch’s motion,
allowing it to languish for nearly two months now. However implausible, it is now
impossible to give Judge Kotelly the benefit of the doubt, and her behavior can only
be explained by her deep-seated extrajudicial bias and animus towards Mr. Klayman
and his clients. In the meantime, the Bundy prosecutors have moved for
reconsideration of the dismissal of the superseding indictment with prejudice,
claiming that they produced all relevant Brady evidence. But it is now clear why the
FBI, BLM, and the DOJ came up with 41 years to produce under FOIA the the
requested documents.
Indeed, as set forth in Freedom Watch’s renewed motion, discovery is clearly
warranted where there has been bad faith on the part of Defendants, and discovery
is necessary as to the adequacy of the estimated search. Given the concrete evidence
presented in Mr. Wooten’s memorandum, Freedom Watch, to put it mildly, has more
than raised a sufficient question as to their good faith in processing or its search by
Defendants. Indeed, it is clear that extreme bad faith is present. Judicial Watch, Inc.
v. Exp.-Imp. Bank, 10$ F. Supp. 2d 19,25 (D.D.C. 2000) (citing Carney v. US. Dep’t
9
of Justice, 19 F.3d 807, 812 (2nd Cir.1994); see also Woifv. C.I.A., 569 F. Supp. 2d
1, 9—10 (D.D.C. 2008); Bush v. Risk Mgrnt. Agency/United States Dept of Agric.,
No. 16-CV-4128- CJW, 2017 WL 2483704, at *3 (N.D. Iowa June 8, 2017). Even
Judge Kotelly herself has recognized, via a prior opinion, that “[wJhen courts do
grant discovery, it is usually done to allow plaintiffs the opportunity to scrutinize an
agency’s search for documents responsive to their FOIA request.” Judicial Watch,
Inc. v. Comrn’n on United States--Pacific Trade & mv. Policy, 1999 U.S. Dist.
LEXIS 23417, *44; See also W. Ctr. for Journalism v. IRS, 116 F. Supp. 2d 1, 8
(D.D.C. 2000) (Another Judge Kotelly opinion holding “Luinder the FOIA, courts
may order discovery where “the affidavits of government agents create genuine
issues as to the thoroughness of the government search for documents.” Judge
Kotelly has granted discovery in the past in FOIA cases even without the clear
questions regarding the agencies’ search present here.
In sum, Judge Kotelly has steadfastly refused to rule on Freedom Watch’s
Motion for Leave to Take Discovery, thereby essentially condoning and allowing
the gross misconduct and bad faith to continue. At this point, it is impossible for a
truly impartial and unbiased arbiter to rationally believe that the FOIA Defendants’
outrageous proposed timeline is anything more than a furtherance of the conspiracy
and cover-up set forth in Mr. Wooten’s memorandum. Yet, Judge Kotelly has still
refused to act, which can only be explained by her deep personal animus against Mr.
10
a
Klayman. In fact, despite Freedom Watch’s attempt to provide Judge Kotelly with
the documents and/or transcripts regarding the damning revelations set forth above,
Judge Kotelly refused to even look at them. ECF No. 49. Furthermore, Freedom
Watch has submitted affidavits confirming that in the year and a half since the FOIA
Complaint was filed, Defendants have only released press releases and clippings,
which are already in the public domain. ECF No. 53-3. Freedom Watch has clearly
raised a genuine issue as to the thoroughness of the Defendants’ search in this matter
— which Judge Kotelly has expressly stated warrants discovery — yet in this instance,
she steadfastly refuses to act.6
The documents requested by Freedom Watch are more important now than
ever. Notwithstanding the fact that the prosecuting attorneys in the Bundy
Prosecution have moved for reconsideration and may ultimately also appeal Judge
Navarro’s decision to dismiss the charges without prejudice, Freedom Watch is
clearly entitled to the documents independently of the criminal prosecution, in
furtherance of its mission to promote government transparency and to educate and
inform the public, as well as to investigate government corruption and abuse. Thus,
not only has Judge Kotelly demonstrated a deep-seated bias and animus against Mr.
6Attomey General Jeff Sessions has even launched an investigation and probe into
the gross prosecutorial misconduct and bad faith described in the Wooten
Memorandum, yet Judge Kotelly still refuses to act. See
http ://abcnews.go.com/arnp/Politics/wireStory/bundy-mistrial-draws-sessions
probe-calls-broad-review-5 1961402.
11
Klayman, she has callously allowed this animus and bias to not only severely
prejudice Mr. Klayman, but also his clients as well.
II. Judge Kotelly’s Bias and Animus Demonstrated in This Instant Matter
Since the inception of this case in 2006, Judge Kotelly has exhibited a deep-
seated personal animus and bias against Mr. Klayman that has resulted in a continual
list of severely prejudicial rulings that have effectively completely gutted Mr.
Klayman claims against Real Party in Interest Judicial Watch, Inc. (“Judicial
Watch”). Accordingly, on February 20, 2009, Klayman previously moved to
disqualify Judge Kotelly based on instances of misconduct up to that point, ECF No.
298, which Judge Kotelly predictably denied (the “First Motion”). The First Motion
was based on compelling evidence of extrajudicial bias including, but not limited to
(1) allowing Judicial Watch to take discovery of Mr. Klayman’s ex-wife and smear
Mr. Klayman in the media with details of his divorce and false allegations that he
had had an extramarital affair being the reason that Mr. Klayman was forced to leave
Judicial Watch, despite the fact that the Severance Agreement expressly stated that
Mr. Klayman was leaving Judicial Watch on his own volition and on good terms to
pursue other endeavors such as to run for the U.S. Senate in Florida; (2) striking Mr.
Klayman’s memorandum and statement of material facts in opposition and
contravention to Judicial Watch’s motions for summary judgment, resulting from
the Court’s refusal to grant a one-day extension of time, despite the fact that Judicial
12
Watch was granted two weeks additional time, and Plaintiff had just suffered a
serious car accident and was undergoing rehabilitation and had to take a staff
member to the hospital for a serious operation; (3) refusing to uphold Mr. Klayman’s
valid objections to Judicial Watch’s voluminous discovery requests, which was
calculated to harass and was largely irrelevant, including documents containing
confidential and sensitive financial information and then subsequently imposing
drastic sanctions on Mr. Klayman for refusing to turn over confidential financial
information, given that Judge Kotelly refused to enter a protective order to safeguard
the confidential information; (4) displaying a demonstrable negative and
condescending attitude of the Court toward Plaintiff, even though he suffered a
series of hardships and tragedies, such as the slow death of his mother, the
hospitalization of his wife, and his own serious auto accident; (5) and disrespectfully
mocking Mr. Klayman as the “self-described” founder of Freedom Watch and
Judicial Watch despite it being common knowledge. Klayrnan v. Judicial Watch,
Inc., 62$ F. Supp. 2d 84 (D.D.C. 2009). Despite the compelling evidence of
extrajudicial bias laid out and demonstrated in the First Motion, Judge Kotelly
refused to recuse herself from the matter. Furthermore, and incredibly, since that
time, Judge Kotelly’s personal animus against Mr. Klayman has actually amplified.
For instance, Judge Kotelly has further crippled Mr. Klayman’s case, in
continuation of her pattern and practice of exhibiting extrajudicial bias and animus
13
against Mr. Klayman, by limiting Mr. Klayman to “nominal damages (or specific
performance) as to all claims other than his claim that Defendants breached the non-
disparagement clause in the Severance Agreement.” ECF No. 401 at 2. Even more,
Judge Kotelly has refused to allow Mr. Klayman leave to amend the operative
complaint to add a claim for Intentional Infliction of Emotional Distress, despite the
fact that it was clearly demonstrated that there is no prejudice to Judicial Watch and
that Judicial Watch long had actual notice of Mr. Klayman’s claim for emotional
distress. To make matters even worse, Judge Kotelly has even precluded Mr.
Klayman from “testifying to or introducing into evidence any documents in support
of his claims for damages or in support of his defenses to Defendants’
counterclaims.” Klayman v. Judicial Watch, Inc., 62$ F. Supp. 2d $4, 96 (D.D.C.
2009). Judge Kotelly has even barred Mr. Klayman from “introducing any witnesses
or exhibits at the trial in this action.” Recognizing the enormously prejudicial nature
of her decision, Judge Kotelly even wrote, “in reaching this conclusion, the Court is
fully aware that this sanction precludes Klayman from presenting any affirmative
evidence in support of his claims or in defense to the counterclaims asserted against
him.” Klayrnan v. Judicial Watch, Inc., $02 F. Supp. 2d 137, 151 (D.D.C. 2011).
In effect, Mr. Klayman is going to trial on February 26, 201$ with his hands
tied behind his back to take a judicial “lynching” from Judge Kotelly.
I/I
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III. Judge Kotelly’s Bias and Animus Displayed in Other Matters
Tellingly, Judge Kotelly’s animus and bias towards Mr. Klayman has been
manifest in other cases between Mr. Klayman and Judicial Watch. Klayinan v.
Judicial Watch, 1: 17-cv-00034 (the “Basulto Case”) is a simple breach of contract
action between two parties. The Basulto Case was filed on January 8, 2017, and
briefing for the Motion to Dismiss stage concluded on March 13, 2017. Yet, despite
this, Judge Kotelly intentionally sat on this matter to prevent Mr. Klayman from
taking discovery and moving this case along to trial Judicial Watch. Indeed, at a
hearing for this instant matter on April 20, 2017, Judge Kotelly even indicated that
Judicial Watch’s Motion to Dismiss would be denied. Yet, Judge Kotelly continued
to sit on the Basulto Case until August 30, 2017 — eight months after the original
filing — to finally issue an order denying Judicial Watch’s motion to dismiss. Judge
Kotelly apparently delayed her ruling so Mr. Klayman could not take discovery that
might even be useful in the instant case, which encompasses an on-going related
pattern and practice by Judicial Watch to harm Mr. Klayman.
Similarly, in another matter between Mr. Klayman and Judicial Watch in the
Superior Court for the District of Columbia, Klayman v. Judicial Watch, 16-cv-1208
(the “Rescission Case”), which is currently on appeal at the District of Columbia
Court of Appeals, Judge Kotelly again exhibited a deep-seated animus and bias
against Mr. Klayman. Although the Rescission Case was filed by Mr. Klayman in
15
the D.C. Superior Court, Judicial Watch filed a notice of removal February 18,2015,
and the matter was assigned to Judge Kotelly. It was not until May 25, 2016— well
over one year later — that Judge Kotelly finally remanded the Rescission Case back
to the D.C. Superior Court, despite there being clear cut issues that the case did not
belong in front of her.
These instances of Judge Kotelly manufacturing undue delay and therefore
precluding Mr. Klayman from timely asserting his rights against Judicial Watch
show the deep-seated animus and bias that has been the norm for over a decade now.
In both cases, there was no basis in law or fact for the enormous and prejudicial
delays experienced by Mr. Klayman.
SUMMARY OF ARGUMENT
Judge Kotelly erroneously refused to recuse and/or disqualify herself despite
a clear and convincing showing that her deep-seated extrajudicial bias and animus
against Mr. Klayman has resulted in a pattern and practice of issuing severely
prejudicial rulings and orders that have not only harmed Mr. Klayrnan, but also Mr.
Klayrnan’s clients as well. Given the fact that Judge Kotelly has essentially entirely
gutted Mr. Klayrnan’s claims in this matter and that trail is set to being in just a few
weeks, a stay of proceedings is necessary while the DC Circuit rules on Mr.
Klayrnan’s Petition.
I/I
16
LEGAL ARGUMENT
I. RELEVANT LEGAL STANDARDS
a. The All Writs Act
The All Writs Act, codified at 28 U.S.C. § 1651, authorizes the U.S. Supreme
Court and other courts to issue writs in its discretion. “The [U.S.J Supreme Court
and all courts established by Act of Congress may issue all writs necessary or
appropriate in aid of their respective jurisdictions and agreeable to the usages and
principles of law.” 28 U.S.C. § 165 1(a). “An alternative writ or rule nisi may be
issued by ajustice or judge of a court which has jurisdiction.” 28 U.S.C. § 165 1(b).
This Court considers a petition for writ of mandamus by applying the factors
identified in Hollingsworth v. Ferry, 558 U.S. 183 (2010). A party seeking issuance
of a writ need only establish that (1) no other adequate means exist to attain the relief
he desires; (2) the party’s right to the issuance of the writ is clear and indisputable;
and (3) the writ is appropriate under the circumstances. Id. at 190.
b. Disqualification
Judge Kotelly’s conduct towards Klayman and his clients makes recusal and
thus disqualification necessary under both 28 U.S.C. § 144 and 28 U.S.C. § 455. As
set forth in supra section II, Judge Kotelly’s personal animus against Klayman has
not only created the appearance of partiality necessary to trigger 28 U.S.C. § 455,
17
but also resulted in acts manifesting actual bias and prejudice to trigger 2$ U.S.C. §
144. See ECf No. 414.
Under 2$ U.S.C. § 144:
Whenever a party to any proceeding in a district court makes and files

a timely and sufficient affidavit that the judge before whom the matter
is pending has a personal bias or prejudice either against him or in favor
of any adverse party, such judge shall proceed no further therein, but
another judge shall be assigned to hear such proceeding.
This statue is not ambiguous—if the requirements are met, another judge must be
assigned to take over the matter.
The right to a “neutral and detached judge” in any proceeding is protected by
the Constitution and is an integral part of maintaining the public’s confidence in the
judicial system. Ward v. City ofMonroeville, 409 U.S. 57, 61-62 (1972). To ensure
that this right is protected, Congress has sought to secure the impartiality of judges
by requiring them to step aside, or in some instances, disqualify themselves, in
various circumstances. In order to preserve the integrity of the judiciary, and to
ensure that justice is carried out in each individual case, judges must adhere to high
standards of conduct.” Yorkv. United States, 7$5 A.2d 651, 655 (D.C. 2001). “A
judge should disqualify himself in a proceeding in which his impartiality might
reasonably be questioned. . ..“ ABA Code of Judicial Conduct Canon 3(C)(1); See
also Scott v. United States, 559 A.2d 745, 750 (D.C. 19$9) (en banc).
Disqualification or recusal is required when there is even the appearance that the
1$
court’s impartiality may be called into question, and “could suggest, to an outside
observer, such a ‘high degree of favoritism or antagonism’ to defendants’ position
that ‘fair judgment is impossible.” Liteky v. United States, 510 U.S. 540, 555, 127
L. Ed. 2d 474, 114 5. Ct. 1147 (1994). Similarly, other courts have even held that
even a single, egregious error by a judge can constitute judicial misconduct. “A
single instance of serious, egregious legal error, particularly one involving the denial
to individuals of their basic or fundamental rights, may amount to judicial
misconduct.” In re Quirk, 705 So. 2d 172, 178 (La. Dec. 12, 1997). “Intentionally
refusing to follow the law constitutes a legal error made in bad faith and may also
be grounds for a finding of judicial misconduct.” Id. “Accordingly, a judicial officer
may even be sanctioned if the judge committed at least one serious, obvious,
egregious legal error that is clearly contrary to settled law.” Gormley v. Judicial
Conduct Cornm’n, 332 S.W.3d 717, 728 (Ky. Aug. 26, 2010). As evidence of the
absolute requirement of impartiality from judicial officers, the U.S. Courts of
Appeals for the Fifth, First, Sixth, Tenth, and Eleventh Circuits have said that close
questions should be decided in favor of recusal. See Republic of Pan. v. American
Tobacco Co., 217 F.3d 343, 347 (5th Cir. 2000); In re United States, 15$ F.3d 26,
30 (1st Cir. 199$); Nichols v. Alley, 71 F.3d 347, 352 (10th Cir. 1995); United States
v. Dandy, 99$ F.2d 1344, 1349 (6th Cir. 1993); Un ited States v. Kelly, $88 F.2d 732,
744 (11th Cir. 1989).
19
II. The District Court Committed Clear Error
a. Denial of Motion to Disqualify
Judge Kotelly’s conduct, as set forth in detail above, exemplifies both
personal animus and extrajudicial bias that require disqualification. Judge Kotelly’s
rulings have consistently displayed “a deep-seated favoritism or antagonism that
would make fair judgment impossible” for Mr. Klayman. Indeed, after severely
crippling Mr. Klayrnan’ s ability to even present his case against Judicial Watch in
this matter by barring him “testifying to or introducing into evidence any documents
in support of his claims for damages or in support of his defenses to Defendants’
counterclaims” and “introducing any witnesses or exhibits at the trial in this action,”
Klayman v. Judicial Watch, Inc., 628 F. Supp. 2d 84,96 (D.D.C. 2009, Judge Kotelly
has now limited Mr. Klayman to solely nominal damages or specific performance
on each of his claims not involving Judicial Watch’s disparagement and prevented
Mr. Klayman from amending the operative complaint despite the fact that there is
clearly no prejudice to any party given the fact that Judicial Watch has had actual
notice of the underlying facts warranting the amendment for years. Judge Kotelly
has essentially taken this case out of the hands of the jury and “pre-tried” the case in
favor of Judicial Watch. As a result, Klayrnan’s ability to receive a fair trial, and
thus due process, in this matter is not even in question — it has already been denied.
20
Perhaps even more egregiously, Judge Kotelly’s clear extrajudicial bias and
animus against Mr. Klayrnan has been manifest in the FOIA Case. Judge Kotelly has
continuously “rubber stamped” the government’s preposterous proposed production
schedule while also denying Freedom Watch the ability to take discovery into the
government’s clearly inflated search and production “estimates.” Now, despite the
fact that Mr. Klayman has provided Judge Kotelly with clear evidence of a mass-
scale cover up involving the Defendants in the FOIA Case in the form of the Wooten
Memo, which clearly explains why Defendants proposed such an outrageous and
patently unbelievable tirneline of 41 years to complete its “search,” Judge Kotelly
still steadfastly refuses to order production of relevant documents, much less even
grant freedom Watch leave to take limited discovery into the scope of the
Defendants’ “search.” Indeed, at this point, it is frankly impossible for any truly
neutral and detached arbiter — which is what Judge Kotelly purports to be — to take
the FOIA Case Defendants’ word that a good faith “search” has been conducted. To
refuse to even allow freedom Watch to take limited discovery on this issue — in the
face of clear evidence of the massive cover-up and scandal confirmed by Mr.
Wooten — can only be explained by deep-seated anirnus and bias against Mr.
Klayrnan and his clients. Indeed, as set forth by Quirk, Judge Kotelly’s conduct in
the FOIA Case constitutes a serious, egregious intentional legal error, which
21
constitutes judicial misconduct because it can only be explained by extrajudicial bias
and animus.
Judge Kotelly’s conduct in other cases before her involving Mr. Klayman
either as counsel or a party further demonstrate the strong personal anirnus and bias
against him that makes it impossible for Mr. Klayman to receive a fair trial in this
matter. As set forth previously, Judge Kotelly, based on her palpable personal bias
and prejudice against Mr. Klayman, has gone above and beyond to protect Judicial
Watch (not coincidentally the Defendant in this action) in other actions involving
the two parties and to prevent Mr. Klayman from swiftly exercising his rights against
Judicial Watch. Indeed, it took eight months for Judge Kotelly to issue an order on
the Basulto Case, despite the fact that it is a simply breach of contract action that she
herself stated early on would likely survive the motion to dismiss stage.
b. Denial of Motion for Leave to Amend Second Amended Complaint
Given the fact that Judge Kotelly has nearly completely gutted Mr. Klayman’s
case and prevented Mr. Klayman from introducing evidence or testimony, as set
forth above, Judge Kotelly is aware that she is vulnerable to severe criticism on
appeal, as well as reversal of her rulings. For this reason, she has put on the
disingenuous appearance of pretending to provide minimal due process and consider
Mr. Klayman’s Motion for Leave to Amend Second Amended Complaint, ECF No.
407, as well as consider allowing Mr. Klayrnan to present some severely limited
22
evidence and testimony, but in the end, she unequivocally denies each and every one
of Mr. Klayrnan’s requests. In this regard, Mr. Klayman currently has a pending
Motion for Reconsideration of Judge Kotelly’s denial of leave to amend the
operative complaint, ECF No. 440, but given Judge Kotelly’s pattern and practice of
vindictive and prejudicial behavior towards Mr. Klayman, it will surely be denied.
In any event, Mr. Klayrnan reserves the right to supplement this Petition in this
regard.
Judge Kotelly’s denial of Mr. Klayrnan’s Motion to Amend, in furtherance of
what amounts to her charade to shore up her vulnerability on appeal, is in clear error.
Incredibly, Judge Kotelly ruled that undue delay warranted denial of Mr. Klayrnan’s
motion, when it Judge Kotelly that stayed this case for years, not Mr. Klayrnan
because Mr. Klayrnan sought to use his legal right to challenge the participation of
Judge Kotelly in this case. Indeed, Judicial Watch could easily have moved earlier
to lift the stay. Instead, they did not file to lift the stay until March 20, 2015, ECf
No. 376, and unsurprisingly, Judge Kotelly delayed ruling and lifting the stay until
May 4, 2016, over a year later.
furthermore, Judge Kotelly erred when she found that Judicial Watch would
be prejudiced by the proposed amendment, despite the fact that Mr. Klayrnan clearly
demonstrated that Judicial Watch had been on notice of Mr. Klayrnan’s emotional
distress claims since the outset of this case, as has been documented throughout, with
23
citations to the record. ECF No. 447. Judge Kotelly simply chose to ignore the
evidence set forth by Mr. Klayman and issue another severely prejudicial ruling in
order to award Judicial Watch the victory before the case is even tried. As set forth
above, Mr. Klayrnan reserves the right to supplement this Petition to inform this
Court of new and ongoing instances of severe extrajudicial prejudice and bias.
III. Mandamus is Warranted to Confine the District Court to the Lawful

Exercise of its Jurisdiction
Even if it were not so plain that the District Court committed clear errors in
denying the motion to dismiss, it would be appropriate for this court to exercise its
supervisory mandamus authority over the district court “to ensure that the judicial
system operates in an orderly and efficient manner.” In re Cement Antitrust Litig.,
688 F.2d 1297, 1307 (9th Cir. 1982); see also LaBuy v. Howes Leather Co., 352 U.s.
249, 259-60 (1957) (“We believe that supervisory control of the District Courts by
the Court of Appeals is necessary to proper judicial administration in the federal
system.”). As set forth previously, the District Court’s rulings in this case show a
clear and continuing intent to severely prejudice not just Mr. Klayman, but also his
clients, which warrant disqualification under Liteky. This obviously contravenes the
proper judicial administration in the federal system.
IV. Mr. Klayman Has No Other Means of Obtaining Immediate Review

Needed to Avoid a Serious and Manifest Injustice
24
Mr. Klayman has no adequate means, other than by writ of mandamus, to
obtain needed immediate review of these significant rulings and relief from onerous
and unlawful orders that have no basis in law.
V. A Stay of Proceedings is Warranted
Mr. Klayman respectfully requests that this Court exercise its authority to stay
the District Court’s proceedings while it considers this mandamus. Whether to issue
a stay is “an exercise ofjudicial discretion “to be guided by sound legal principles.”
Nken v. Holder, 556 U.S. 41$ 433-34 (2009) (internal citations omitted), based on
the following factors: (1) the applicant’s likely success on the merits; (2) irreparable
injury to the applicant absent a stay; (3) substantial injury to the other parties; and
(4) the public interest. Hilton v. Braunskill, 4$1 U.S. 770, 776 (19$7). Trial in this
matter is set for February 26, 201$. In the event that this Petition cannot be resolved
before trial, Mr. Klayman requests a stay of proceedings while the Petition is
resolved. This delay will not prejudice any party, given the fact that this case has
now been ongoing for twelve years. As set forth above, this delay was attributable
to Judge Kotelly and Judicial Watch, not Mr. Klayman. Mr. Klayrnan was simply
asserting his due process and other rights, as he is now.
As set forth previously, Mr. Klayman’s Petition is based upon sound facts and
law, which render Mr. Klayrnan likely to succeed on the merits. Furthermore, it is
clear that should Mr. Klayman be forced to try his case in front of Judge Kotelly, he
25
will suffer irreparable injury, as Judge Kotelly has already taken the case out of the
jury’s hands and pre-tried the case in favor of Judicial Watch. There is no injury to
any other party — all Mr. Klayrnan requests is an opportunity to even the playing
field with a truly neutral and detached judge presiding over the case. Indeed, any
opposition by Judicial Watch is, in and of itself, an admission that it has received
clearly favorable treatment from Judge Kotelly in this and other matters. Lastly, a
stay serves the public interest, as it maintains the integrity of the judicial system in
ensuring that Mr. Klayman is entitled to exercise his due process and other rights
fully.
CONCLUSION
Based on the foregoing, Mr. Klayrnan respectfully request that, pursuant to
both 2$ U.S.C. § 455 and 2$ U.S.C. § 144, this case must be immediately transferred
to a different judge, and Judge Kotelly should forthwith remove herself or be
disqualified on the case as required by the statutes and all of her orders must be
ordered vacated in the interest of justice and fundamental fairness. Judge Kotelly’s
patent extra-judicial bias against Mr. Klayman, which have been demonstrated in
many different but consistently prejudicial contexts, contravenes the fundamental
tenet of the judicial system that the right to a “neutral and detached judge” in any
proceeding is protected by the Constitution and is an integral part of maintaining the
public’s confidence in the judicial system, Ward 409 U.S. at 61-62, and has already
26
severely curtailed and severely harmed Mr. Klayrnan’s fundamental rights in this
litigation. It is therefore imperative that this matter be transferred to a truly “neutral
and detached” judge so that what remains of Mr. Klayman’s due process and other
rights in this matter are protected moving forward.
Lastly, Mr. Klayrnan respectfully requests oral argument.
Date: february 13, 2018 Respectfully Submitted,
is! Larry Klayrnan

Larry Klayrnan, Esq.
KLAYMAN LAW GROUP, P.A.
2020 Pennsylvania Avenue, N.W.
Suite 800
Washington, D.C. 20006
Tel: (310) 595-0800
Email: 1ek1amanjgmall.com
Pro Se
27
CERTIFICATE OF SERVICE
I hereby certify that on February 13, 2018, I submitted an original and three
copies of the foregoing to the U.S. Court of Appeals for the District of Columbia
Circuit by depositing the foregoing in a Federal Express drop-off box for Overnight
Delivery to the following address:
U.S. Court of Appeals for the District of Columbia Circuit

Clerk’s Office
333 Constitution Aye, NW, #5205
Washington, DC, 20001
A copy was deposited in a Federal Express drop-off box for Overnight Delivery
Service to following:
Richard Driscoll, Esq.

300 N. Washington St #610
Alexandria, VA, 22314
The Honorable Colleen Kollar Kotelly

U.S. District Court for the District of Columbia
333 Constitution Ave NW
Washington, DC, 20001
/5/ Larry Klayman
CERTIFICATE OF COMPLIANCE
This brief complies with the length limits permitted by Rule 32(c)(2). The Petition
is 6,448 words or 27 pages, excluding the portions exempted by Fed. R. App. P.
32(f), if applicable. The briefs type size and type face comply with Fed. R. App. P.
32(a)(5) and (6).
Is! Larry Klayman
28
EXHIBIT 1
_____
_____
_,

Larry “Clint” Wooten
From: Larry C. Wooten

Special Agent
U.S. Department ofhterior, Bureau of Land Management
1387 S. Vinnell Way, Boise, ID 83709
Office PhoneII Gov’t Cell Phone:
Personal Cell Phor Personal Ern

To: Andrew D. Goldsmith
Associate Deputy Attorney General
National Criminal Discovery Coordinator
Email:
Subject: Disclosure and Complaint Narrative in Regard to Bureau

of Land Management
Law Enforcement Supervisory Misconduct and Associated Cover-ups
as well as Potential
Unethical Actions, Malfeasance and Misfeasance by United States
Attorney’s Office
Prosecutors from the District of Nevada, (Las Vegas) in Reference
to the Cliven Bundy
Investigation
Reference: DI-l7-2830, IVIA-17-2863, LM14O 15035, District of Nevad

a Case 2:16-cr-
00046-GIvEN-PAL (United States of America v. Cliven Bundy, et al)
Issue: As a U.S. Department of Interior (DOl), Bureau of Land

Management (BLM),
Office of Law Enforcement and Security (OLES) Special Agent (SA) and
Case
Agent/Lead Investigator for the Cliven Bundy/2014 Gold Butte Trespa
ss Cattle Impound
Case out of the District of Nevada in Las Vegas (Case ji-cr-
00046-GMN-PAL-United
States of America v. Cliven Bundy, ci al), I routinely observed, and the
investigation
revealed a widespread pattern of bad judgment, lack of discipline, incredi
ble bias,
unprofessionalism and misconduct, as well as likely policy, ethical,
and legal violations
among senior and supervisory staff at the ELM’s Office of Law
Enforcement and
Security. The investigation indicated that these issues amongst law
enforcement
supervisors in our agency made a mockery of our position of special
trust and confidence,
portrayed extreme unprofessional bias, adversely affected our agency
’s mission and
likely the trial regarding Cliven Bundy and his alleged co-conspirato
rs and ignored the
letter and intent of the law. The issues I uncovered in my opinion
also likely put our
agency and specific law enforcement supervisors in potential legal,
civil, and
administrative jeopardy.
When I discovered these issues, I promptly reported them to

my supervisor (a 3LM
Assistant Special Agent-in-Charge, but also my subordinate co-cas
e agent). Often, I
realized that my supervisor was already aware of the issues, partici
pated in, or instigated
2
the miconduct himsell was present when the issues were reported to both of us, or was
the reporting party himself. When I reported these issues,. my supervisor seemed
geneEally unsurprised and uninterested and was dismissive, and seemed unconcerned.
I tied to respectfully and discretely urge and Influence my supervision to stop the
misconduct thenselves, correct and/or further report the issues as appropriate and remind
other employeesthat their use of electronic communications was likely subject to Federal
Records Protections, the case Litigation Hold,. the Freedom of Information Act (FOIA)
and Case/Thai Discovery. I also tied to convey to my supervisor that the openly made
statements. and actions could also potentially could be considered bias,. used in witness
impeachment and considered exculpatory and subject to trial discovery.
As the Case Agentand Lead Investigator fOr the DOVBLM (for approximately 2 years
and 10 months), I found myself in an unusual situation. I was specifically asked to lead a
comprehensive, professional, thorough unbiased and independent investigation into the
largest and most expansive and important investigation ever within the Department of
Interior. Instead of having a normal investigative team and chain of command, a BLM
Assistant Special Agent-rn-Charge (ASAC) decided to act as a subordinate cocase agent,
but also as.my supervisor. Agent’s senior tome acted as my helpers. I was basically the
paper wo*k, organizational, and research guy. I did all the stuff that the senior and
supervisory agents didn’t want to do, but they called me the “Case Agent” and “Lead
Investigator.” They.often publicly recognized and thanked me, and nominated me for
many awards, but their lack of effprt and dependability led to numerous case
issues. During this timeframe. my supervisor (but subordinate), a BLMASAC
specifically wanted and had the responsibility of liaison and coordinator for interaction
with higher agency officials, cooperating/assisting agencies and with the U.S. Attorney’s
Office, Mthoigh the BLM ASAC was generally uninterested in the mundane day to day.
work, he specifically took on assignments that were potentially questionable and
damaging (such as dOcument shredding research, discovery email search documentatiOn
and as.the afflant for the Dave Bundy iPad Search Warrant) and attended coordination
and staff meetings. Sometimes, I felt lilce he wanted to steer the investigation away from
misconduct, discovery by refusing. to get case assistance, dismissing my concerns and
participating in the misconduct himself. In February of 2017, it became clear to me that
keeping quite became an unofficial condition of my future employment with the BLM,
future awards, promotions, and a good futurejob reference.
The longer the investigation went on,, the more extremely unprofessional3 familiar, mcy,
vulgar and bias filled actions, open comments, andinappropriate electronic
communications I was made aware of, or I personally witnessed. In my opinion, these
issues would likely undermine the investigation, cast considerable doubt on the
professionalism of our agencyand be possibly used to claim investigator
bias/unprofessionalism and to impeach andundennine key witness credibility. The
ridiculousness, of the conduct unprofessional amateurish carnival atmosphere,, openly
made. statements, and electroni ‘communications tended to. mifigate.the defendant’s
culpability and cast a shadow of doubt of inexcusable bias, unprofessionalism and
embarrassment on our agency. These actions and comments were in my opinion
offensive in a professional federal law enforcement work environment and were a clear
3
violation of professional workplace norms, our code: of conduct, policy, and possibly
even law. The misconduct caused considerable disrnpdon in. our workplace, was
discriminatory, harassing and showed clear prejudice against the defendants, their
supporters and Mormons. Often times this misconduct centered on being sexually
inappropriate, profanity, appearance/body shaming and likely violated privacy and civil
tights.
Many times, these open unprofessional and clisrespeciful comments and name cailiug
(often’byIaw.enforcement supervisors who are. potential witnesses and investigative team
supervisors) reminded me of middle school. At any given time, you could hear subjects
of this investigation openly referred to as “rettrds,” Hr*dnecks,” “Overweight woman
with the bigjowls,” “d*uche bags,” “tractor-face,” “idiots,” ‘inbr*d,” etc., etc.,
etc. Also, it was common to receive, or have electronic communications reported to me
during the course of the investigation in which senior investigators arid law enforcement
supervisors. (some are potential witnesses and investigative team members) specifically
made fium of suspects. and referenced’”Cliven Bundy felony.. .jüst kind of rolls. off the
tongue, doesn’t it?,” dildos, western themed gy bars, odors of sweat, playing chess
with menstru*ting. women Chven Bundy shitthing on cold stainless steel,. personal
lubricant and Ryan Bundy holding a giant penis (on April 12, 2014). Extremely bias and
degrading fliers were also openly displayed and passed around the office, a booking
photo of Cliven Bundy was (and is) inappropriately, openly, prominently and proudly
displayed in the office of a potential trial witness and my supervisor and an altered and
degrading suspect photos were put in an office presentation by my
supervisor. Additionally this investigation also indicated that former BLM SAC Dan
Love sent photographs of his own feces and his girl-friend’s vagina to coworkers and
subordinates. It was also reported by another BLMSAC that fomierBLM SAC Dan
Love told him that there is no way he gets more pu$$y than him. Furthermore, I became
aware of potentially captured comments in which our own law enforcement officers
allegedly bragged about roughing up Dave Bundy, grinding his face into the ground, and
Daye Bundy having little bits of gravel stuck in his face (from April 6, 2014). On two
occasions, I also overheard, a BLM SAC tell a BLM ASAC that another/other BLM
employee(s) and potential trial witnesses didn’t properly turn in the required disôovery
material (likely exculpatory evidence). My supervisor even instigated the unprofessional
monitoring ofjail calls between defendants and their wives, without. prosecutor or FBI
consent, for ‘the apparent purpose of making urn of post arrest telephone calls between
Idaho defendants/FBI targets (not subjects of BLM’s investigation). Thankfully, AU$A
Steven Mybre’ stopped this issue. 1 even had a BLM ASAC tell me that he tried to report
the misconduct, but no one listened to him. I had my own supervisor tell me that former
BLM ‘SAC Dan Love is the BLM’OLBS “Directors boy” and they indicated they were
going to hide and protect him. The BLM OLES Chief of the Office of Professional
Responsibility/Internal Affairs indicated to me the former BLM OLES Director protected
former BLM SAC Love and shut the’ Office’of Professional Responsibility out when
misconduct allegations were reported about Love and that the former BLM OLES
Director personally (inappràpriateiy) investigated misconduct allegations about
Love. Another former BLM ASAC indicated to me that former BLM SAC Love was a
liability to our agency and the Cliven Bundy Case. I was even told of threats of physical
harm that this former ELM SAC made to his subordinate employee and his family.
4
Also, more and more IL was becoming apparent that the numerous statements made. by
potential thai witnesses and victims (even by good officers under duress), could
potentially cast an unfavorable light on the BLM. (See openly available video/audIç
footage titled “The Bundy Trial 2017 Leaked Fed Body Cam Evidence,” or a video
posted on You Thbe titled”Leaked BodyCams from the Bundy Ranch!” published by
Gavin Seim..) Some of these statements included the following: “Jack-up Hage” (Wayne
Hage Jr.), “Are you fuc OCX people stupid or what,” “Fat dude, right behind the tree
has a long gun,” “MotherfuXXXX, you come find me and you’re gonna have hell to
pay,” “FatAsX slid.down,” “Prettr’ much. a shoot first, ask questions. later,” “No gun
there. He’s just holding his back standing like a’ sissy,” “She must not be. married,”
“Shoot his. fl,icXXXX dog. first,” “We gotta have fucXXXX fire discipline,” and “I’m
recording by the way guys, so..” Additional Note: In this.timeframe, a key witness
deactivated his body camera. further Note: It became clear to me a serious public and
professional imageproblem had developed within the BLM Office ofLaw Enforcement
and Security. Ifelt I needed to work to .colTect this and mitigate the damage it no doubt
had already done
This carnival, inappropriate ‘and childish behavior didn’t stop with the directed bias and
degradation of subjects of investigations. The óbildisb misconduct extended to citizens,
cooperators from other.agencics and even.’our own employees. BLM Law Enforcement
Supervisors also openly talked about and gossiped about private, employee personnel
matters such as’ medical conditions (to include mental illness), work performance,
marriage issues, religion, punishments,. internal investigations and derogatory opinions of’
higher level BLM supervisors. Some of these open comments centered on Blow JObs,
Ma$terbation in the office closet, Addiction to POrn, a Disgusting Butt Crack, a “Weak
Sister,” high self-opinions, crying. and scared women, “Leather Face,” “Mormons (little.
Mormon Girl),” “he has mental problems and that he had some sort of mental
breakdown,” “PTSD,” etc.,. etc., etc.
Additionally,. it should be noted that there was a “religious test” of sorts. On two
occasions, I was asked “You’re not a Mormon are you” and I was told “I bet you think .1
am going,to hell, don’t you.” (I can explain these and other related incidents later.)
.
The investigation also indicated that on multiple occasions, former BLM Special Agent-
in-Charge (SAC) Love specifically and purposely ignored U.S. Attorney’s Office and
BLM civilian management direction and intent as well as Nevada State Official
recommendations in order to command the most intrusive, oppressive, large.scale, and
militaristic trespass cattle impound possible. Additionally, this investigation also
indicated excessive use of force, civil rights and policy violations. The investigation
indicated that there was little doubt there was an improper cover-up in virtually every
matter that a particular BLM’ SAC participated in, or oversaw and that the BLM SAC was
immune from. discipline and the conequences of his actions. (I can further explain these
issues later. These instances are widely documented.)
As the investigation went on, it became clear to me that my supervisor wasn’t keeping the
U.S.. Attoi-ney’s Office up to date on substantive and exculpatory case findings and
5
unacceptable bias indications. Therefore, I personally informed Acting United States
Attorney Steven Mybre and Assistant United States AttQrney (AU$A) Nadia Ahmed, as
well as Federal Bureau ofInvestigation (FBI) Special Agent Joel Willis by telephone of
these issues. When I did, my supervisor in my opinion deceptively acted ignorant and
surpthed. As the case continued, it becameclear to me that once again, my supervisor
failed to inform the UbS. Attomeys Office Prosecution Team about exculpatory key
witness statements. Note; During this investigation, my supervisor would also
deceptively indicate to the Prosecution Team that no one else was in the room when he
was on speakeiphone Thereby, allowingpotential trial witnesses and his friends to
inappropriately hear the contents ofthe discussion.
My supervisor even took photographs in the secure command post area of the Las Vegas
FBI Headquarters and even after he was told that no photographs were allowed, be
recklessly emailed out photographs of the “Arrest Tracking Wall” in width Eri Parker
and Cliven Buudy had “X’s” through their face and body (indicating prejudice and
bias). Thereby, making this electronic communication subject to Federal Records
Protections, the Litigation Hold, Discovery, and the FOIA.
On February 16,2017,1 personall.y informed then AUSA (First Assistant and Lead
Prosecutor) Steven Myhre of those specific comments (which 1 had previously disclosed
to, and discussed with my supervisor) and reminded Special Assistant United States
Attorney (SAUSA) Erin Crecgar about an cmail chain by a particularBLM SAC in
reference to the Arrest of David Bundy on April 6, 2014, in which prior to Dave Bundy’s
arrest, the BLM SAC and others were told not to make any arrests When I asked Mr.
.Myh±e ifthefonnerBLM SAC’s statements like “Go out there and kick Cllven.Bundy in
the mouth (or teeth) and take his cattle” and “I need you to get the troops fired up to go
get those cows and nt taice any crap from anyone” would be exculpatory or if we would
have to inform the defense counsel, he said something like “we do now,” or “it is now.”
On February 1 $ 2017,1 was removed from my position as.the Case Agent/Lead

Investigator for the Cliven Bundy/Gold Butte Nevada Case by my supervisor despite my
recently documented and awarded hard work and excellent and often praised
performance. Additionally, a BLM ASAC (my supervisor, but also my co-case agent)
violated my privacy and conduced a search of my individually occupied secured office
and secured safe within that office. During this search, the BLM.ASAC without
notification or permission seized the Cliven Bundy/Gold Butte Nevada Investigative
“hard copy” Case File, notes (to include specific notes on issues I uncovered during the
2014 Gold Butte Nevada Trespass Cattle impound and “lessons learne&’) and several
computer hard drives that contained case material, collected emails, text messages,
instant messages, and other information. Following this seizure outside of my presence
and without my permission, the ELM ASAC didn’t provide any property receipt
documentation (1)1405/Form 926043) or other chain of custody documentation
(reasonably needed for trial) on what was seized. The BLM ASAC also directed me to
turn over all my personal case related notes on my personal calendars and aggressively
questioned me to determine If 1 had ever audio recorded him ot a BLM SAC. I was also
aggressively questioned about who I had told about the case related issues and other
severe issues uncovered in reference to the case and Dan Love (see Congressional
6
Subpoena by former Congressman Jason Cliaffetz and the February 14,2017, letter that
Congressman Jason Chaffetz and Congressman Blake Farenthold sent the US.
Department of Interior’s Deputy 1nspetor General, Ms. Mary L. Kendall regarding Dan
Love allegedly directing the deletion of official documents). Also after this, I believe. I
overheard part of a conversation man open office space where my supervisor was
speaking to a BLM SAC as they iiscussed getting access to my government email
account. Note: The personal notes that I was. directed to turn in and the items seized
from my office and safe wasn ‘tfor discovery, because I was transferring to another
agency, because I was the subject ofan investigation, or because my supen’zsor simply
needed to reference afite. These, items were taken because they contained signflcant
evidence ofmisconduct anditems that wouldpotentially embarrass BLMLaw
Erforcement Supervision. Additional Note: The BLMASAC a/SQ ordered me not to
contact the U.S. Attorney Office, even, on my own time and with my personal
phone. Later, when I repeatedly asked to speak with the BLM OLE$ Director, my
requests went unanswered until April 26.207. The BLMASAC simply told me it is clear
no one wants to speak with me and that no one is going to apologize to me. Further
Note: In this same secured individual office space and safe, I kept copies ofmy
importantpersonal documents such as’ medicqi records, miltaryrecords, familypersonal
papers, computer passwords, personal property serial numbers etc., as aprecaution in
casefor some reason my house is destroyed andpersonal papers are lost/destroyed It
was clear to me the BLMASAC didn’t know what he seized and when I told him about my
personalpapers the BLMASACjust told me “no one is interested in your medical
records’It is unknown what unrelated case materials, no1es andpersonal documents
were actually taken and it is impossiblefor me, any misconduct investigator, or any
attorney to prove to a court or COngress what case information was taken. I still haven ‘r
heard back what (fany) personal items were in the seized materials andi don’t know
where the seized materials are being stored It should be noted that lam missing
personal medical physical results that Ipreviously has stored in my office. Additionall
I believe f the BLMASACfound my accidentty seized medical records instead ofgiving
them back to me, he would shred them just like I have seen him shred other items from an
agent that he didn’t ljke. (I can elaborate on this.)
Please Note: This seized case related material (to include the hard drives) contains
evidence that directly relates to a BIM SAC’s heavy, handedness during the 2014 Gold
Butte Nevada Trespass Cattle Impound, the BLM SAC ignoring US Attorney’s Office
and higher level BLM direction, documentation ofthe BLM SAC’s alleged gross
supervisory rnisconduc4 potentIal misconduct and violation ofrights issues during the
2014 Gold ButteNevada Trespass Cattle Impounc, as well aspotential emails that were
possibly identified and captured before they could have been deleted (as identified as an
issue in the Office oflnspector General Report andpossibly concerning a Congressional
subpoena). I believe thLs infirmation would likely be considered substantive
exculpatory/jencks’material in reference to the cliven Bundy Nevada Series of Trials and
would be greatly discrediting and embarrassing, as well as possibly indicate liability on
the BLM and the RIM SAC
I am convinced that. I was removed to prevent the ethical and proper further disclosure of
the severe miseonduct failure’ to correct ‘and report, and cover-ups’ by BLM ‘OLE$
7
supervision. My supervisor toldme that AUSA Steven Mybre “furiously demanded” that
1 be removedfrom the caseand mentioned something ahoutus (the BLM, specifically my
supervisor) not turning over (or disclosing) discovery related material (which is true),
issues I had with the BLM not following its own enabling statute (which is true, I can
elaborate on that later), and a personal issue they thought I had with former BLM SAC
Dan Love. Note: Prior to taking the aswignment as Bundy/Gold Butte Investigation Case
Agent/Lead Investigatorfor the BLM/DOL I didn t know and had never spoken toformer
BLM SAC Dan Love. I was new to the agency andlwas also specflcaliy directed to lead
an unbiased professional, and independent investigation, which I tried to do, despite
supervisoiy misconduct. Time after time, I was told offormer BLMSAC Love
misconduct. 1 was told byBLM Law Enforcement Supervisors that he had a Kilt Book”
as a avphy and in essence bragged about getting three individuals in Utah to commit
suicide (see Operation Cerbents Action out ofBlanding, Utah and the death ofDr.
1?edd), the “Failure Roc1c” Directing Subordinates to Erase Official Government Files
In order to impede the efforts of rival civilian 3Lli employees in preparationfor the
“BurningMan” Special Event, unlawfully removing evidence, bragging about the
number of OIG ndinternal investigations on him and indicating that he is untouchable,
encouraging subordinates not to. cooperate with internal and OIG investigations, his
harassment ofafemale Native American subordinate employee where M Love allegedly
had a doll that he referred to by the employees nam? and called her his drunk little
Indian, etc.. etc., etc. (7 canfurther explain these many issues.)
Following this, I became convinced that my supervisor failed to properly disclose

substantive and exculpatory case and witness bias related issues to the U.S. Attorney’s
Office. Also, after speaking with the BLM OLES Chief of the Office of Professional
Responsibility/Internal Affairs and two former BLM ASAC’s, I became convinced that
the previous BLM OLES Director Salvatore Lauro not only allowed former BLM SAC
Dan Love complete autonomy and discretion, but also likely provided no oversight and
even contributed to an atmosphere of cover-ups,, harassment and retaliation for anyone
that questioned or reported former BLM SAC Dan Love’s misconduct.
In time, I also became convinced (based on my supervisor and Mr. Myhre’s statements)
that although the U.S. Attorney’s Office was generally aware of former ELM SAC Dan
Love’s misconduct and likely civil rights and excessive force issues, the lead prosecutor
(currently the Acting Nevada United States Attorney) Steven Myhre adopted an attitude
of “don’t ask, don’t tell,” in reference to BLM Law Enforcement Supervisory Misconduct
that was of a substantive, excuipatory and incredible biased nature. Not only did Mr.
Myhre in my opinion not want to’ know or seek out evidence favorable to the accused, he
and my supervisor discouraged the reporting of such issues and even likely covered up
the misconduct. Furthermore, when I did report the misconduct, ethical, professional,
and ]egal issues, I also became a victim of whisUeblower retaliation.
Additionally, AUSA Steven Mybre adopted a few troubling policies in reference to this
case When we became aware that Dave Bundy’s seized i?ad likely contained remarks
from ELM Law Enforcement Officers that is potentially evidence of civil tights
violations and excessive use of force, Mr. I\4yhre and my supervisor not only apparently
failed initiate the appropriate follow-on actions, Mr. Myhre apparently failed to notify the
8
Defense Counsel and also decided not to return the Wad back to Dave Bundy, even
though the Wad wasn’t going to be searched pursuant to a search warrant or used as
evidence in trial and Dave Bundy claimed he needed the iPad for his business. Mr.
Mybre also adopted a policy of not giving a jury the option or ability to convict on lesser
offenses and instead relied on a hard to prove, complicated prosecution theory in order to
achieve maximum punishments (which has generally failed to this point). Also, the
government relied on factually incorrect talking points and on (or about) February 15,
2017, misrepresented the case facts about government snipers during trial (it is unhown
if this misrepresentation was on purpose. or accidental, I can explain this in
detail). Note: The investigation indicated that there was at least one school trained
Federal &ziper equipped with a scoped/magnfled optic bolt action precision rzfle,
another Federal Officer equipped with a scoped/magnfled optic largeframe (308
caliber) AR style rifle, and many officers that utilized magnfled optics with long range
• graduated reticles (out to 1,000 meters-approximately 500 meters on issued rifles
depending on environmental conditions) on standard law enforcement issued AR (223
caliberl5.56mm) and that often officers were in “over watch “positions. Additionally,
the investigation also indicated the possibility that the FBI and the Las Vegas
Metropolitan Police Department had law enforcement snipers/designated marksmen on
handforpossible deployment.
The reporting of these severe issues and associated cover-ups are a last resort. I tried
continually to respectfully and discretely influence my chain of command to do the right
thingand I made every effort to make sure the Prosecution Team had the information
they needed and were accurate in their talldng points. I just wanted the misconduct to
stop, the necessary and required actions be taken and I wanted to be sure these issues
wouldn’t create a fatal error in the case and further undermine our agency’s mission. I
also needed to be convinced that I was correct. If I was wrong, or errors were simply
mistakes or simple errors in professional judgement or discretion, I didn’t want to create
more problems or embarrass anyone. However, my personal experience and
investigation indicated that not only did my management fail to correct and report the
misconduct, they made every effort to cover it up, dismiss the concerns, discourage its
reporting and retaliate against the reporting party. I also tried to make sure that despite
my supervisor’s failings, the Prosecution Team had the most accurate information in
terms of case facts, Discovery, and witness liability.
The Whistleblower Retaliation and agency wrongdoing is being investigated by the U.S.
Office of Special Counsel and is also being looked at by the House Committee om Natural
Resources (Subcommittee on Oèrsight & Investigations) and the House Oversight and
Government Reform Committee (Subcommittee on the Interior, Energy, and the
Environment). Additionally, a formal complaint has been filed with my agency in
reference to the religious, sexually vulgar, and the other workplace
harassment. Furthermore, there have been several investigations by the DOl Office of
Inspector General (OIG) that at least in part contributed to the recent firing of ELM
Special Agent-in-Charge Dan Love (which I wasn’t a part of).
I ask that your office ensure that Acting United States Attorney Steven Mybre and the
rest of the Cliven Bundy/Gold Butte Nevada Prosecutionand Investigative Team is
9
conducting the prosecution in an. ethical, appropriate, and professional matter. I also
specifically ask that your office provide oversight to Mr. Mybre and his team regarding
the affirmative responsibility to seek out evidencefavorable to the accuse4 not to
discourage the reporting of case issues and suspected misconduct, to report/act on
suspected civil rights violations and not toretaliate against an agent that does his required
duty. I also ask that your office ensure that the Prosecution Team is free ofbias and has
ethically and correctly tutned ‘over exculpatory evidence to the Defense. T ask that as
appropriate, prosecution têambias (by Mr. Myhre and possibly by AUSA Daniel Schiess)
and factually incorrect talking points (by AUSANadia Ahmed and Mr. Myhre) be
disclosed and corrected. Note: Mr Myhre previously referred to the deftndants as a cult
and Mr Schiess said let get these ‘hatt we say Deplorables.”Iwas also asked
“You!re not a Mormon are you.” (7 can explain these and similar issues in detaiL)
I don’t makethis complaint lightly. I do this with a heavy heart and I hope that at least in
some ways I am mistaken. However, I know that is extremely unlikely. When we speak
I can identify subjects, witnesses, and the location of evidence and corroborating
information.
I believe this case closely mirror the circumstances of former Alaska Senator Ted
Stevens trial. As you may notice from the. trials and several defense cross-examinations,
very little of the impeachment and excuipatory issues were brought up by the defense. I
believe this is. most 1ikel because the defense counsel was unethically not made aware of
them and the severe issues were covered up. Additionally, I believe I can easily show
that both my supervision and possibly Mr. Myhre entered into an unethical agreement to
remove me from being the lead investigator and case agent for the BLMJDOI due: to my
objection to, and disclosure of outrageous misconduct, the belief that my testimony under
oath would embarrass supervisory law enforcement officials in our agency and negatively
affect the prosecution, my insistence that my supervisor stop his individual utisconduct,
correct the misconduct of other employees and report the misconduct as appropriate (for
counseling, correction, discipline and the possible required internal investigations) and
my belief that my agency is violating the letter and intent of the law.
In regard to prosecution team misconduct, I believe some of it may be attributable to

simple mistakes and simple poor judgement. However, I believe it is unlikely (if my
supervisor’s statements to meare true) that Mr. Myhrewasn’t himself acting unethically
and inappropriately. Prior to the last few weeks of the investigation, I held Mr. Myhre in
thehighest of regards. He is an extremely hard worker and very intelligent. However, I
feel that hisjudgement is likely clouded by extreme personal and religious bias and a
desire to win the case at all costs. I feel he is likely willing to ignore and fail to report
exculpatory niterial, extreme bias and act unethically and possibly deceptively to win.
All in all, it is my assessment and the investigation showçd that the 2014 Gold Butte
Trespass Cattle Impound was in part a punitive and ego driven expedition by a Senior
BLM LawEnforcement Supervisor (fonrterBLM Special Agent-in-Charge Dan Love)
that was only in part focused onthe intent of the associated Federal Court Orders and the
mission of our agency (to sustain the health, diversity, and productivity of America’s
public lands for the multiple use and enjoent of present and future generations). My
10
investigation also indicated that the involved officers and protestors were themselves
pawns in what was almost a. great American tragedy on April. 12, 2014, in which law
enforcement officers (Federal, State, and Local), protestors, and the motoring public were
caught in the. danger area. This investigation also indicated, the primary reasons for the
escalation was due to the recklessness, lack of oversight, and arrogance of a BLM Special
Agent-in-Charge and the recklessness, failure to adhere. to Federal. Court Orders and lack
of recognition of the Federal Government in matters related to. land management within
Nevada, by Rancher Cliven Bundy.
The investigation further indicated that the BLM SAC’s peers didn’t likely attempt to
properly influence or counsel the BLM SAC into more appropriate courses of action and
conduct or were unsuccessful in their attempts. The: investigation indicated that it was
likely that the BLM SAC’s peers fa..iled to report the BLM SAC’s
unethical/unprofessional actions, misconduct, and potential crimes up. the. chain of
command and/or to. the appropriate authorities, or that the chain o• command simply
ignored and dismissed these.reports. The investigation further indicated when individuals
did report issues with the BLM SAC, the reports were likely ignored or marginalized by
higher BLM OLES officials. The investigation also iudicated.that former BLM OLES
Director Salvatore Lauro likely gave the former BLM SAC complete autonomy and
discretion without oversight or supervision. The investigation further indicated that it
was imlikely that the BLM OLE$ Director wasn’t aware of the BLM SAC’s
unethicalJunprofessional actions, poor decisions, misconduct, and potential crimes. My
investigation and. personal observations in the investigation further revealed a likely
unethical/unlawful “cover-up” of this BLM SAC’s.actions, by very senior law
enforcement management within BLM OLES. This investigation indicated that on
numerous occasions, senior BLM OLES management broke their own policies and
overlooked ethical, professional, and conduct violations and likely prbvided cover and
protection for the BLM. SAC and any activity or operation this BLM SAC was associated
with. My investigation further indicated that the BLM’s. civilian leadership didn’t
condone and/or.was likely unaware of the BLM SAC’s actions and the associated cover-
ups, at least until it was too late.
During the investigation, I also came to believe that the case prosecution team at. United
States Attorney’s Office out of Las Vegas in the District of Nevada wasn’t being kept up
to. date ii important investigative findings about the ELM SAC’s likely. alleged
misconduct. I also. came to believe that discovery related and possibly relevant and
substantive trial, impeachment, and biased related and/or exculpatory information wasn’t
likely turned over to, or properly disclosed to the prosecution team by my supervisor.
I also came to believe there were such serious case findings that an outside investigation
was warranted on several issues to include misconduct, ethics/code of conduct issues, use
of force issues (to include civil, rights violations), non-adherence to law, and the
loss/destruction of, or purposeful.non-recoding of key evidentia±y items (Unknown
Items I & 2, Video/Audio, April 6,2014, April 9, 2014, April 12, 20l4-the most
important and critical times in the operation). I believe these issues would shock the
conscious of the public and greatly embarrass our agency if they were disclosed.
11.
Ultimately, I believe I was removed from my position as Case AgentlLead Investigator
for the Cliven Bundy/Gold Butte, Nevada Investigation because my management and
possibly the prosecution team believed I would properly disclose these embarrassing and
substantive issues on the stand and under oath at trial (if I was asked), because my
supervision believed I had contacted others about this misconduct (Congress, possibly the
defense and press) and possibly audio recorded them, because I had uncovered, reported,
and objected to suspected violations of law, ethics directives, policy, and the code of
conduct, and because! wascritical of the misconduct of a particular BLM SAC. This is
despite having already testified In Federal Grand Jury and being on the trial witness list.
The purpose of this narrative is not to take up for or defend the actions of the subjects of
this investigation. To get an idea of the relevant historical facts, conduct of the subjects
of the investigation and contributing factors, you may consider familiarizing yourself
with the 2014 Gold Butte Timeline (which I authored) and the uncovered facts of this
investigation. The investigation revealed that many of the subjects likely knowingly and
willingly ignored, obstructed, and/or attempted to unlawfully thwart the associated
Federal Court Orders through their specific actions and veiled threats, and that many of
the subjects also likely violated several laws. This investigation also showed that subjects
of the investigation in part adopted an aggressive and bully type strategy that ultimately
led to the shutdown of 1-15, where mary armed followers of Cliven Bundy brandished
and pointed weapons at Federal Officers and Agents in the Toquop Wash near
Bimkerville, Nevada, on April 12, 2014, in a dangerous, high risk, high profile national
incident. This investigation further indicated that instead of Cliven Bundy properly using
the court system or other avenues to properly address his grievances, h chose an illegal,
uncivilized, and dangerous strategy in which a tragedy was narrowly and thankfully
avoided.
Additionally, it should be noted that I was also personally subjected to Whistleblowing

Discouragement, Retaliation, and Intimidation. Threatening and questionable behaviors
included the following: Invasion ofPrivacy, Search and Seizure Harassment,.
Intimidation, Bullying, Blacklisting, Religious “tests,” and Rude and Condescending
LanguageS Simply put, I believe I was expected to keep quiet as a condition of my
continued employment, any future promotions, future awards, or a favorable
recommendation to another employer.
During the course of the investigation, I determined that any disagreement with the BLM
SAC, Or any reporting of his many likely embarnssing, unethical/unprofessional actions
and misconduct was thought to be career destroying. Time and time again, I came to
believethat the BLM SAC’s subordinates and peers were afraid to correct him or
properly report his misconduct(despitea duty to act) out of fear for their own jobs and
reputation..
Sometimes, I felt these issues (described in depth below) were reported to me by senior
BLM OLB$ management and line Rangers/Agents/employees because they personally
didn’t like a particular BLM SAC (although, some of these same people seemed to flatter,
buddy up to, openly like, and protect the BLM SAC). Sometimes, I thought BLM OLES
management wanted to talk about these actions because they thought These blatant
12
inappropriate acts by a BLM SAC and others were funny. Sometimes, I thought the
reporting parties. wanted the misconduct corrected and the truth to. come to light, but they
were afraid/unwilling to report and correct ‘the miscondtct themselves. Sometimes, I
thought the reporting parties’just wanted to get the issues off their chest. Sometimes, I
thought supervisors wanted to report the misconduct.tome, so they could later say they
did report it (since .1 was the Case Agent/Lead Investigator). Therefore, in their mind
limit their liability to correct and report the misconduct and issues. However, it was
confusing that at the same time, I thought some of thcse reporting parties (particularly in
management) sought deniability and didn’t want to go “on the record.” These same
reporting/witnessing parties in most cases apparently refused to correct the misconduct
and further report It to higher level supervision, the Office of Inspector General, and the
U.S. Attorney’s Office (as required/necessary) and even discouraged me from further
reporting and.correcting the issues. When I did try to correct and further report the issues
as I believed appropriate and necessary, these samesupervisors (who’were
reporting/witnessing parties) ‘acted confused and unaware. Ultimately.. I beame. an
outcast and was retaliated against
I alsofeel there are likely a great many other issues that even I am not aware of, that were
likely disclosed or known to my supervisor, at least two other BLM ‘SACs the former
BLM SAC’s subordinates, and the former BLM OLES Direçtot In addition to the
witnesses I identify, I would also recommend intewiews withthe BLM: OLES Chief of
the Office. of Professional Responsibilitytluternal Affairs and I would recommend.
reviews of my chain of command’s emails. and text messages.
Unfortunately, I also believe that the U.S. Attorney’s Office Prosecution Team may have
adopted an inappropriate under the table/unofficial policy of “preferred ignorance” in
regard to the likely gross misconduct on the part ofsenior management from the BLM
Office of Law Enforcement and Security and Discovery/Exculpatory related thai issues.
What indicated to me there was likely deception and a failure’ to act on the part of my
supervisIon was the actions, comments, and ‘questions, of senior BLM Law Enforcement
Officials, comments by the BLM’s Chief of the Office of Professional Responsibility
(Internal Affairs), and the pretrial GigliofHenhom Review.
Additionally, actions, comments, and questions by the U.S.. Attorney’s Office Lead
Prosecutor, the strategy to deny the DaveBundy iPad evidence from coming to light, the
direction by a BLM ASAC for me not to speak with any member of the’ Prosecution
Team, and factually.deceptivetinçorrect talking points (snipers, Bundy property, Bundy
cattle overall health, etc.), indicated to me the ProsecutionTeam wanted to possibly and
purposefully remain ignorant of some of the case facts and possibly use unethical legal
tricks to prevent the appropriate release of substantive/exculpatory and. bias/impeachment
material. I believe that it is more likely than not, that there was not only a lack of due
diligence by the Prosecution Team in identifying and locating exculpatory material, but
there was also a desire to purposely stay ignorant (which my chain of command was
happy to go along with) of some of the. issues and likely an inappropriate strategy to not
disclose aubstantive material to the Defense Counsel and initiate any necessary civil
rights relatedor internal investigations. Furthermore, I was surprised about the lack of
13
Defense Counsel questions about critical vulnerabilities in the case that should have been
disclosed to the Defense in a timely manner. It is my belief that the Defense Counsel was
simply ignorant of these issues.
Also, please keep in mind that I am not an “Internal Affairs,” cchlspecfor General,” or
“Office of Professional Responsibility Investigator.” Therefore, I couldn’t, and can’t
independently conduct investigations into government law enforcement
personnel. Additionally, I haven’t been formally trained on internal
investigations. Therefore, my perception, the opinions I offer, and the fact pattern that I
found relevant was gained from my experience as a regular line investigator and former
uniformed patrol and Field Training Officer (FTO).
Each, and every time I came across any potential criminal, ethical, or policy related issue,
in the course of my duties as the DOIIBLM Case Agent/Lead Investigator for the Gold
Butte/Cliven Bundy Nevada Investigation, I reported the issues up my chain of command
with the intent to run an independent and unbiased, professional investigation, as I was
instructed. Later, I determined my chain of command was likely already
aware of many
of these issues and were likely not reporting those issues to the prosecution
team and
higher headquarters. Later, I also was informed by the BLM Office of Professional
Responsibility (OPR) Chief that any issues that had anything to do with a particular
favored BLM SAC, the BLM OLE$ Director looked at himself
instead of OPR. The OPR
Chief told me he was shut out of those types of inquiries.
I noted in the pre-ffial
Giglio/Henthorn Review that this appeared to be accurate. I also noted that these types of
issues I discovered apparently weren’t properly investigated as required. The bad joke I
heard around the office was that the BLM SAC knew where the BLM OLE$ Director had
buried the prOstitutes body and that is why the BLM OLES Director protects him.
I know good people make mistakes, are sometimes immature and use bad judgement. I
do it all the time. I am not addressing simple issues here. However, some simple issues
are included to indicate a wide spread pattern, openly condoned
prohibited/unprofessional conduct and an inappropriate familiar and carnival
atmosphere. Additionally, the refusal to correct’these simple issues and conduct
discrepancies, harassment, and ultimately cover-ups and retaliation are indicated and
explained throughout this document.
Since I wasn’t a supervisor and since I was one of the most junior criminal investigators
in our agency, I tried to positively influence those above me by my example and discrete
one on one mentoring and urging. I simply wanted the offensive and case/agency
destructive conduct to stop, to correct the record where appropriate, and inform those
who we had a duty to inform of the potential wrong-doing. I attempted to positively
influence my management in the most respectful and least visible way possible. In
order
to accomplish this, I adopted a praise in public and counsel in private approach.
When
• that failed to work for the long term, I had to become more “matter of fact” (but always
respectful), when that failed to work I resorted to documenting the instances and
discussions. Later, I resorted to official government email to make a permanent record
of
the issues. When this failed to deter the offensive conduct or instigate appropriate action
by my supervision, I had to notify others and identify witnesses. I respected and stayed
14
within my chain of command until ‘I was expressly forbidden from contacting the U.S.
Attorney’s Office and my requests to speak with the BLM OLE$ Director went
unanswered.
Simply put, as a law enforcement officer, I can’t allow injustices and cover-ups to go
unreported or half-truths and skewed narratives go unopposed. I have learned that when
conduct of this sort isn’t corrected, then by default it is ‘condoned, and it becomes
unofficial policy. When I determined there were severe issues that hurt more than just
me, and I determined that my supervision apparently lacked the character to correct the
situation, I knew that duty fell to me. I still felt I could accomplish this duty without
embarrassing ‘my supervision, bringing shame on our agency, or creating a fatal flaw in
our investigation.
Initially,! felt I could ‘simply mentor and properly influence my supervision to do the
right thing. Time and time again, I urged my supervision to correct actions and counsel
individuals who participate in conduct damaging to our agency and possibly destructive
to the integrity of our case or future investigations. I attempted to urge. my supervision to
report certain information to senior BLM management and the U.S. Attorney’s
Office. Note: Evidence ofsome ofthis offensive conduct is potentially available through
Freedom ofInformation Act (FOJA) requests and subject to a Litigation HokL may be
considered Exculpatory Material in trial discoveryprocess, and may be subject to federal
records protections. Additionally, in many instances, I can provide evidence, iden4i5’ the
location ofevidence and ident)5’ witnesses.
Ultimately, in addition to discovering crimes likely committed by those targeted in the

investigation, I found that likely a BLM Special Agent-in-Charge reàldessly and against
advisement from the U.S. Attorney’s Office and apparent direction from the BLM
Deputy Director set in motion a chain of events that nearly resulted in an American
tragedy and mass loss of life Additionally, I determined that reckless and unprofessional
conduct within BLM Law Enforcement supervisory staff was apparently widespread,
widely known and even likely “covered up.” I also found that in virtually every case,
BLM senior law enforcement management lcnew of the suspected issues with this BLM
SAC, but were either too afraid of retaliation,. or lacked the character to report and/or
correct the suspected issues.
Note: This entire docz4ment was constructed without the aid ofmy original notes due to
their seizure by a ELMAssistant Special%gent-in-Charge outside ofmypresence and
without my knowledge orpermission. Additionally, Iwas aggressively questioned
regarding the bellefthat I may have audio recordedBLM OLES management regarding
their answers concerning this and other issues. Alt dates, times, and quotes are
approximate and made to the best ofmy ability and memory. I’m sure there are more
noteworthy items that lean’: recall at the time I constructed this document. Also
Note: The other likely report worthy items were scizedftom me on February 12 2OI7
and are believed to be in the possession ofa 3LMAS.4C. I recommend these items be
safeguarded and revtewecL
As the case agent/lead irrvestigator for the DOl in the Cliven Bundy investigation out of
the District of Nevada, I became aware of a great number ofit3stances when senior BLM
OLES leadersbipwere lilcelyinvolved in Gross Mismanagement and Abuse of
Authority (which may have posed a substantial and specific threat to employee and
public safety as well as wrongfully denied the public Constitutionally protected
rights). The BLM OLES leadership and others may have also violated Merit System
Principles (Fair/Equitable Treatment,, High Standards of Conduct, Failing to Manage
Employee Perfonnanceby Failing to Address Poor Performance and Unprofessional
Conduct, Potential Unjust Political Itfluence, and WhIstleblower Retaliation),
Prohibited Personnel Practices (Retaliation Against Whistleblowers, Retaliation
Against Employees that Exercise Their Rights, Violation of Rules that Support the Merit
System Principles, Enforcement of Policies (unwritten) that Don’t Allow
Whistleblo4wing), Ethics Rules (Putting Forth an Honest Effort in the Performance of
Duties, the Obligation to Disclose Waste, Fraud, Abuse, and Cornaption, Endeavoring to
Avoid Any Action that Creates the Appearance that there is a Violation of the Law, and
Standards of Ethical Conduct for Employees), BLM OLES Code of Conduct (Faithfully
Striving to Abide by all Laws, Rules, Regu1afions and Customs Governing the
Peiformanceof Duties,. Potentially Violating. Laws and Regulations in a Unique. Position
of High ?ubió Trust and Integrity of Profession and Confidence of the Public, Peers,
Supervisors, and Society in General, Knowingly Committing Acts. in’ the Conduct of
Official Business and/or in Persc)nal Life that Subjects the Department of Interior to
Public Censure and/or Adverse Criticism, Conducting all Investigations and Law
Enforcement functions Impartially and Thoroughly and Reporting the Results Thereof
Fully, Objectively, and Accurately, and Potentially Using Greater Force than Necessary
in Accompliábing the Mission of the Department), BLM Values (To serve with honesty,
integrity, accountabulity, respect, courage and commitment to make a difference), BLM
Guiding Principles’ (to respect, value, and support our employees. To pursue excellence
in business practices,. improve accountability to our stake holders and deliver better
service to our customers), BLM OLES General Order 3$ (Internal Affairs
investigations), Departmental and Agency Policies (ELM Director Neil Koruze Policy
on Equal Opportunity and the Prevention of Harassment dated January 19,2016, DOl
Secretary Sally Jewell Policy on Promoting an Ethical Culture dated June 15, 2016, DOl
Secretary SaUy Jewel] Policy on Equal Opportunity in the Workplace dated September
14, 2016,001 Deputy ‘Secretary of Interior Michael Connor Policy on Workplace
Conduct dated October 4, 2016, DOl Secretary Ryan Zinke Policy on Strengthening the
Department’s Ethical Culture dated March 2, 2017, DOt Secretary Ryan Zinke Policy on
Harassment dated April 12, 2017 Memorandum dated December 12, 2013, from Acting
DOl Deputy Assistant Secretary for Human Capital and Diversity Mary F. Pletcher titled
“The. Whistleblower Protection Enhancement Act of 2012 and Non-Disclosure Policies,
Forms, Agreements, and Acknowledgements, Email Guidance by Deputy Secretary of
Interior David Bernhardt titled “MOnth One Message,” dated August 1,2017, Email
Guidance by Deputy Secretary of Interior David Bemhardt titled “Month Two Message,”
dated September 22, 2017, ELM Acting Deputy Director of Operations Joim Ruhs
guidance contained in an Email titled “Thank You for Making a Difference,” dated
September 29, 201 7, which referenced BLM Values’ and Guiding’ Principles, BLM/DOI
Email and Computer Ethical Rules of Behavior, BLM “Zero Tolerance” Policy
Regarding Inappropriate Use of the Intemet 18 USC 1663 Protection of Public Records
16
and Documents, 18 USC 4Misprison. of a felony,. 18 Usc 1519 Destruction,. Alteration,

or Falsification of Records in federal Investigations, 18 USC 241 Conspiracy Against
Rights, 18 Usc 242 Deprivation of Rights Under Color of Law, 43’ USC 1733 (c) (1)
Federal Laud Policy Management Act, 43 USC 315 (a) Taylor Grazing Act, 5 USC 2302
Whistleblower ProteotionsProhibited Personnel Practices!Whistleblower
Protection/Enhancement Acts, 5 CFR 2635 Gifts.BetweenBmployees, 5 USC 7211.
Employees.Rights to Petition Congress, and Public Law 112-199 of November 27, 2012.
Additionally, the ELM Criminal Investigator/Special Agent Position Description

(LEI4O) in part states the following: “Comprehensive.an4 professional knowledgc of the
laws, rules, and regulations which govern the protection of public lands under jurisdiction
of the Bureau ofland Management, and their applicability on a national basis,”(under
Factor 1, Knowledge Required by the Position), “Knowledge. of the various methods,
procedures, and techniques applicable to complex investigations, and other law
enforcement activities required in the protection of natural resources on public. land. The
applicable methods, procedures, and techniques selected require a high degree of
judgement that recognizes sensitivity to the violations, as alleged discretion in the
manner that evidence. and facts are developed, audan awareness of all ramifications of a
criminal investigation. The. incwbent must have the ability to .establsh the
interrelationship of facts and evidence, and to present findings in reports that are clear,
concise, accurate, and timely submitted for appropriate review and action.” (under Factor
1, Knowledge Required by the. Position), “Comprehensive knowledge of current and
present court decisions, criminal rules of evidence, constitutional law, and court
procedures to befollowed in criminal matters, formal. hearings.and’adniinistrative matters
in order to apply court and constitutional, requirements during the conduct of an.
investIgation and to effectively testifyoa behalf of the Government.” (under Factor 1,
Knowledge Required by the Position), “great discretion must be taken to avoid
entrapment of sispects and to protect the integrity of the investigation” (under Factor 4,
Complexity), and “The incumbent must be able to’ safely utilize firearms....” (Factor 8,
Physical Demands)
Please also note the. potential Constitutional issues regarding “religious tests,” search and
seizure, and speech/assembly protectkns.
Please further note the following Rules of Criminal Procedure/Evidence; Memorandum

of Department Prosecutors dated January 4, 2010, from David ‘W. Ogden to the Deputy
Attorney General, Rule 16,18 USC 3500-the Jencks Act, the.Brady Rule, Giglio, U,S.
Attorney’s Manuel 9-5.001 Policy Regarding Disclosure of Exculpatory and
‘Impeachment Information, 9.5.100 Policy Regarding the Disclosure to Prosecutors of
Potential Impeachment Information Concerning Law Enforcement Agency Witnesses,
American Bar Association Standards 3-1.2 The Function of the Prosecutor, 3-2.8
Relations with the Courts and Bar, 3-3.1 Conflict of Interest, 3-3.11 Disclosure of
Evidence by the Prosecutor, 3-5.6 Presentation of Evidence, and 3-6.2 Information
Relevant to Sentencing.
Case Details: 2-year/10-month case, approximately 5701)01 Exhibits/Follow-on Turn-

in Items, approximately 5081)01 Identified ,Individuals-1’9 Defendants
17
EXHIBIT 2
2:16-cr-046-GMN-PAL — January 8, 2018
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
4 UNITED STATES OF AMERICA,
5 Plaintiff,
Case No. 2:16-cr-046-GMN—PAL
6 vs.
Las Vegas, Nevada
7 CLIVEN D. BUNDY (1), ) Monday, January 8, 2018
RYAN C. BUNDY (2), ) Courtroom 7C, 9:28 a.m.
8 AMMON E. BUNDY (3),
RYAN W. PAYNE (4), ) MOTION TO DISMISS
9
Defendants.
10 ) CERTIFIED COPY
11
12 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE GLORIA M. NAVARRO
13 UNITED STATES DISTRICT CHIEF JUDGE
14 APPEARANCES:
15 For the Plaintiff:
16 UNITED STATES ATTORNEY’S OFFICE

BY: STEVEN W. MYHRE
17 DANIEL R. SCHIESS
NADIA JANJUA AHMED
18 501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
19 (702) 388—6336
20
21 (Appearances continued on Page 2)
22 Court reporter: Heather K. Newman, RPR, CRR, CCR #774

333 South Las Vegas Boulevard
23 Las Vegas, NV 89101
(702) 471-0002 HN@nvd.uscourts.gov
24
25 Proceedings reported by machine shorthand, transcript produced

by computer—aided transcription.
HEATHER K. NEWMAN, FOCR, RPR, CCR 774 (702)471-0002

2:16-cr-046-GMN-PAL - January 8, 2018
1 APPEARANCES CONTINUED:
2 For the Defendant Cliven D. Bundy:
3 JUSTICE LAW CENTER

BY: BRET 0. WHIPPLE
4 1100 South Tenth Street
Las Vegas, NV 89104
5 (702) 257—9500
6 For the Defendant Ryan C. Bundy:
7 RYAN C. BUNDY, PRO SE
8 THE FLETCHER FIRM, PC

BY: MAYSOUN FLETCHER
9 5510 South Fort Apache, Suite 5
Las Vegas, NV 89148
10 (702) 835—1542
11
For the Defendant Arnmon E. Bundy:
12
HILL FIRM
13 BY: DANIEL HILL
228 South Fourth Street, 3rd Floor
14 Las Vegas, NV 89101
(702) 848—5000
15
JM PHILPOT ATTORNEYS AT LAW
16 BY: JAY MORGAN PHILPOT
1063 East Alpine Drive
17 Alpine, UT 84004
(801) 891—4499
18
For the Defendant Ryan W. Payne:
19
FEDERAL PUBLIC DEFENDER’S OFFICE
20 BY: RYAN NORWOOD
BRENDA WEKSLER
21 411 East Bonneville Avenue, Suite 250
Las Vegas, NV 89101
22 (702) 388—6577
23
24
25

2:16-cr-046-GMN-PAL — January 8, 2018
1 APPEARANCES CONTINUED:
2 For Intervenors LVRJ and Battle Born Media:
3 M0LETCHIE SHELL LLC

BY: MARGARET A. McLETCHIE
4 701 East Bridger Avenue, Suite 520
Las Vegas, NV 89101
5 (702) 728—5300
6 Also present:
7 Sharon Gavin, FBI Special Agent

Joel Willis, FBI Special Agent
8 Mike Abercrombie, FBI Special Agent
9 Mamie Ott, Legal Assistant
10 Nicole Reitz, IT
Brian Glynn, IT
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

2:16—cr-046-GMN-PAL - January 8, 2018
1 LAS VEGAS, NEVADA; MONDAY, JANUARY 8, 2018; 9:28 A.M.
2 --o0o-—
3 PROCEEDINGS
4 COURTROOM ADMINISTRATOR: All rise.
5 THE COURT: Thank you. You may be seated.
6 COURTROOM ADMINISTRATOR: This is the time set for
7 the Motion Hearing regarding Documents No. 2883 and 2906,
8 sealed Motions to Dismiss and Document No. 3010, Motion to
9 Unseal Intervenors —- by Intervenors in Case Number
10 2:16—cr-046-GMN—PAL, United States of America vs. Cliven Bundy,
11 Ryan Bundy, Arnmon Bundy, and Ryan Payne.
12 Counsel, please make your appearances for the record.
13 MR. MYHRE: Good morning, Your Honor. Steve Myhre,
14 Dan Schiess, Nadia Ahmed on behalf of the United States.
15 THE COURT: Good morning, Mr. Schiess. Good morning,
16 Ms. Ahmed, and good morning, Mr. Myhre.
17 MR. WHIPPLE: Good morning, Your Honor.
18 Brett Whipple -- as well Happy New Year to you. Brett Whipple
19 on behalf of Mr. Cliven Bundy.
20 THE COURT: Good morning, Mr. Whipple, Mr. Bundy.
21 PRO SE RYAN BUNDY: Ryan C. of the Bundy family here
22 by special appearance with Maysoun Fletcher assisting and on —-
23 and for the record, I reserve all right.
24 THE COURT: Good morning, Mr. Bundy. Good morning,
25 Ms. Fletcher.

2:16-cr—046—GMN-PAL — January 8, 2018
1 MR. HILL: Good morning and Happy New Year,
2 Your Honor. Dan Hill along with Morgan Philpot here on behalf
3 of Arnmon Bundy.
4 THE COURT: Good morning, Mr. Hill, Mr. Philpot and
5 Mr. Bundy.
6 MS. WEKSLER: Good morning, Your Honor.
7 Brenda Weksler and Ryan Norwood on behalf of Mr. Payne.
8 THE COURT: Good morning, Ms. Weksler, Mr. Norwood,
9 and good morning, Mr. Payne.
10 So before we begin, I would like to make some
11 preliminary remarks just to ——
12 MS. McLETCHIE: Good morning, Your Honor.
13 Maggie McLetchie --
14 THE COURT: Oh, I’m sorry.
15 MS. McLETCHIE: -— for the Intervenors Las Vegas
16 Review Journal and Battle Born Media.
17 THE COURT: Thank you. Good morning, Ms. McLetchie.
18 All right. So before we begin, I just wanted to make
19 some preliminary remarks to remind everyone and to set clear
20 the expectations of how court will be conducted this morning.
21 Please remember this is a courtroom; it is not a
22 sporting event. So it is never appropriate to make any
23 expression of your opinion, whether verbally or through your
24 body language, no matter how much you may agree or disagree
25 with what is being said.

2:16—cr-046—GMN—PAL — January 8, 2018
1 In addition, we do not allow electronic devices in
2 the courtroom. There is no audio or video recording permitted
3 in the courtroom. Therefore, only the attorneys are permitted
4 to have electronic devices so that they may be able to do their
5 job. There is one paralegal -— I think I see him back there --
6 who is permitted to have an electronic device so long as the
7 audio and speaker is covered.
8 Do you have that with you today, sir?
9 UNIDENTIFIED SPEAKER: I kept it in my briefcase,
10 Your Honor.
11 THE COURT: Okay. Thank you, sir.
12 So please be aware that the marshals are authorized
13 to remove any individual who is seen with an electronic device,
14 whether it’s on or off. Whether it’s in vibrate or privacy
15 mode, does not matter. If you have the device, they will be
16 able to remove you and you may not be able to re-enter.
17 Likewise, if you make any distracting or inappropriate
18 expressions, the marshals also have the authority to remove you
19 in order to preserve the atmosphere in the courtroom.
20 Now, the Court has reviewed the following briefs:
21 Number 83 —- I’m sorry —— 2883 is the sealed version. The
22 public version is 3057. The Court has also reviewed Docket No.
23 2906. The public version of that is 3058. And the Court has
24 also reviewed Documents 3082 and 3085. The public versions of
25 those documents are 3087 and 3088.

2:16—cr-046-GMN-PAL - January 8, 2018
1 The Court does grant Cliven Bundy’s Motion for
2 Joinder, which is Number 3096.
3 Now, in Payne’s Motion to Dismiss, Mr. Payne’s Motion
4 to Dismiss, which is Number 3085, he does request that the
5 Indictment be dismissed based on three possible theories:
6 The first being that the case barred by the double
7 jeopardy clause; the second being that outrageous government
8 conduct that amounts to a due process violation justifies
9 dismissal; and the third theory is that dismissal under the
10 Court’s supervisory power for outrageous governmental
11 misconduct is appropriate.
12 The Court first will address the double jeopardy
13 argument.
14 Double jeopardy does attach once a jury has been
15 sworn. Pursuant to United States v. Alexander, Ninth Circuit
16 case decided in 1998, “If a case is dismissed after jeopardy
17 attaches but before the jury reaches a verdict, a defendant may
18 be tried again for the same crime only in two circumstances:
19 Number one, if he consents to the dismissal, or number two, if
20 the district court determines that the dismissal was required
21 by manifest necessity,” quoting from Chapman, Ninth Circuit
22 case decided in 2008 as well as Oregon v. Kennedy, United
23 States Supreme Court case decided in 1982. Here, the Court has
24 already granted the mistrial based on manifest necessity so it
25 follows that the defendants may be retried under this theory.

2:16-cr-046—GMN-PAL - January 8, 2018
1 However, defendant Payne argues that the Double
2 Jeopardy Clause still bars retrial “where the government
3 conduct in question is intended to ‘goad’ the defendant into
4 moving for a mistrial,” quoting Oregon v. Kennedy. Considering
5 what has occurred throughout the trial up to this point, the
6 Court finds no evidence that the government’s failure to
7 disclose evidence was a strategy decision on the prosecution’s
8 part to abort the trial. Rather, it appears the government has
9 attempted to provide the defense with the identified Brady
10 evidence in order to move forward with trial and not to
11 purposely goad the defense into moving for mistrial.
12 For these reasons, the Court finds the Double
13 Jeopardy Clause does not bar retrial.
14 Next we have the claim of outrageous government
15 conduct and that a dismissal is appropriate for either -—
16 either under a due process violation theory or under the
17 Court’s supervisory powers.
18 “A district court may dismiss an Indictment on the
19 ground of outrageous government conduct if the conduct amounts
20 to due process violation,” quoting from Simpson, Ninth Circuit
21 case. If the conduct does not rise to the level of a due
22 process violation, the Court may nonetheless dismiss a case for
23 outrageous government misconduct under its supervisory powers.
24 So turning first to the due process violation
25 allegation.

2:16—cr—046-GMN-PAL - January 8, 2018
1 To violate due process, governmental conduct must be,
2 and I quote, “so grossly shocking and so outrageous as to
3 violate the universal sense of justice,” quoting from United
4 States v. Restrepo, Ninth Circuit case decided in ‘91, and also
5 United States vs. Ramirez, Supreme Court case decided in 1983.
6 Due process is not violated unless the conduct is
7 attributable to and directed by the government, United States
8 v. Barrera-Moreno, Ninth Circuit case decided in 1991.
9 “Outrageous government conduct occurs when the
10 actions of law enforcement officers or informants are so
11 outrageous that due process principles would absolutely bar the
12 government from invoking judicial processes to obtain a
13 conviction,” United States v. Archie, which is 2016 case out of
14 the District of Nevada as well as United States v. Black, Ninth
15 Circuit case decided in 2013 and United States v. Russell, U.S.
16 Supreme Court case decided in 1973.
17 Now, dismissal under this “extremely high” standard
18 is appropriate only in “extreme cases in which the government’s
19 conduct violates fundamental fairness,” U.S. v. Pedrin,
20 P-e-d—r-i—n, Ninth Circuit case decided in 2015 quoting from
21 United States v. Smith, Ninth Circuit decided in 1991.
22 So when reviewing a claim alleging that the
23 Indictment should be dismissed because the government’s conduct
24 was outrageous, evidence is viewed in the light most favorable
25 to the government, United States v. Gurolla, G-u-r-o-l—l—a,

2:16—cr—046-GMN-PAL — January 8, 2018
10
1 Ninth Circuit case decided 2003.
2 The concept of outrageous government conduct focuses
3 on the government’s actions, United States v. Restrepo.
4 Here in this case, both the prosecution and the
5 investigative agencies are equally responsible for the failure
6 to produce Brady materials to the defense. In the prior
7 mistrial hearing, the Court explained, in detail, that numerous
8 documents, and the information contained in such documents,
9 should have been provided to the defense and the Court finds
10 this conduct especially egregious because the government chose
11 not to provide this evidence, even after the defense
12 specifically requested it.
13 The Court finds the prosecution’s representations
14 that it was unaware of the materiality of the Brady evidence is
15 grossly shocking. The prosecution was on notice after the
16 Court’s order, which is on the docket, Number 2770, that a
17 self-defense theory may become relevant if the defense was able
18 to provide an offer of proof, outside the presence of the jury.
19 Moreover, in that same order, Number 2770, the Court
20 specifically denied the government’s motion to exclude all the
21 reference to perceived government misconduct to the extent it
22 is relevant to defenses raised by the defendants. So the
23 government was well aware that theories of self-defense,
24 provocation, and intimidation might become relevant if the
25 defense could provide a sufficient offer of proof to the Court.

2:16-cr—046-GMN-PAL — January 8, 2018
11
1 However, the prosecution denied the defense its opportunity to
2 provide favorable evidence to support their theories as a
3 result of the government’s withholding of evidence and this
4 amounts to a Brady violation.
5 For example, the government claims it failed to
6 disclose this evidence because the FBI did not provide the
7 documents to the prosecution team. However, the prosecutor has
8 a duty to learn of favorable evidence known to other government
9 agents, including the police, if those persons were involved in
10 the investigation or prosecution of the case, citing Kyles v.
11 Whitley, United States Supreme Court case decided 1995.
12 Clearly, the FBI was involved in the prosecution of this case.
13 Based on the prosecution’s failure to look for evidence outside
14 of that provided by the FBI and the FBI’s failure to provide
15 evidence that is potentially exculpatory to the prosecution for
16 discovery purposes, the Court finds that a universal sense of
17 justice has been violated. The Court is convinced that there
18 is still outstanding Brady discovery based on the government’s
19 most recent assertion that, and I quote, “the government
20 expects a thorough review of the discovery will result in the
21 production of other documents to the defense,” and I’m citing
22 from the most recent filing by the government, Number 3081,
23 Page 45, Footnote 20.
24 Alternatively, a district court may exercise its
25 supervisory powers in three different enumerated ways:

2:16—cr—046-GMN-PAL — January 8, 2018
12
1 Number one, “to remedy unconstitutional or statutory
2 violation”; number two, “to protect judicial integrity by
3 ensuring that a conviction rests on appropriate considerations
4 validly before a jury”; or number three, “to deter future
5 illegal conduct,” quoting from Simpson, Ninth Circuit case
6 decided ‘91.
7 In United States vs. W. R. Grace, the Ninth Circuit
8 clarified that the exercise of the Court’s inherent powers is
9 not limited to these three grounds enumerated in Simpson, and
10 that was an en banc decision by the Ninth Circuit in 2008.
11 “Dismissal is appropriate when the investigatory or
12 prosecutorial process has violated a federal Constitution or
13 statutory right and no lesser remedial action is available,”
14 quoting from Barrera-Moreno.
15 The Ninth Circuit has recognized that exercise of a
16 supervisory power is an appropriate means of policing ethical
17 misconduct by prosecutors, United States v. Lopez, Ninth
18 Circuit case decided in 1993.
19 So “dismissal under the Court’s supervisory powers
20 for prosecutorial misconduct requires both:
21 “Number one, flagrant misbehavior, and number two,
22 substantial prejudice,” citing United States v. Kearns,
23 K-e-a—r-n-s, Ninth Circuit case decided in 1993.
24 Neither accidental nor mere negligent governmental
25 conduct is sufficient. The idea of prejudice entails that the

2:16-cr—046-GMN-PAL — January 8, 2018
13
1 government’s conduct had at least some impact on the verdict
2 and thus redounded to the defendant’s prejudice.
3 In order for the Court to dismiss an Indictment under
4 the supervisory powers, the Court must find that there has been
5 flagrant prosecutorial misconduct, substantial prejudice to the
6 defendants, and that no lesser remedial action is available.
7 The Court found previously that there had been
8 multiple Brady violations because the government failed to
9 produce evidence that bolstered the defense and was useful to
10 rebut the government’s theory. Additionally, the Court
11 concluded that the government willfully failed to disclose
12 potentially exculpatory, favorable and material information,
13 including, but not limited to, the following documents and
14 their contents:
15 The FBI Law Enforcement Operation order; the FBI
16 Burke 302 about Agent Egbert; the FBI 302 about BLM Agent
17 Delmolino authored by FBI Agent Willis; the FBI 302 about BLM
18 Special Agent Felix observing the LP/OP, the Listening
19 Post/Operation Post; the FBI 302 about BLM Racker and his
20 assignment to the LP/OP; the unredacted FBI TOC log; and the
21 various threat assessments created by different agencies,
22 including the BLM and FBI.
23 It seems no coincidence that most, if not all, of
24 these documents are authored by the FBI.
25 I do need to make one correction. Apparently I

2:16—cr-046-GMN-PAL — January 8, 2018
14
1 previously identified -- or should I say misidentified -— a
2 report or some information as being contained in an Internal
3 Affairs report. It was actually in the FBI Joint Terrorism
4 Task Force report, the JTTf prepared on March 14th of 2014.
5 This is the document that recorded that at a meeting Love had
6 stated that he had requested that the FBI place a surveillance
7 camera.
8 So the Court looks to Chapman, u.s. v. Chapman. And
9 in Chapman, the district court dismissed an Indictment pursuant
10 to its supervisory powers based on discovery violations that
11 involved 650 pages of undisclosed documents that the Court
12 classified as Brady material. The district court in Chapman
13 found that “the Assistant U.S. Attorney acted flagrantly,
14 willfully and in bad faith” and that he had made “affirmative
15 misrepresentations to the Court,” that the defendants would be
16 prejudiced by a new trial and that no lesser standard would
17 adequately remedy the harm done after reviewing the totality of
18 the proceedings before it.
19 The Ninth Circuit held that the Chapman court did not
20 abuse its discretion by dismissing the Indictment pursuant to
21 its supervisory powers.
22 Here, defendant Payne argues that the government’s
23 conduct was more egregious than the facts before the Chapman
24 court. He argues that there were more than mere hints of the
25 discovery issues on the eve of trial and that there was at

2:16—cr-046-GMN-PAL — January 8, 2018
15
1 least a thousand pages of discovery disclosed between
2 November 8th and December 15th of 2017, all which should have
3 been disclosed by October 1st.
4 The government argues that this case is different
5 from the Chapman case because here the prosecution did not fail
6 to produce evidence it knew to be material. The government
7 contends it merely inadvertently failed to disclose evidence,
8 or that the defense had all the information in the undisclosed
9 documents because the government had previously provided other
10 documents with substantially the same content. Further, the
11 government contends that the documents that the Court ruled to
12 be untimely disclosed, in violation of Brady, not including the
13 OIG reports, is actually fewer than 200 pages.
14 “The prosecutor has a ‘sworn duty’ to assure that the
15 defendant has a fair and impartial trial. His interest in a
16 particular case is not necessarily to win, but to do justice,”
17 citing from Chapman. Here, the prosecution seems to have
18 minimized the extent of prosecutorial misconduct by arguing
19 that they believed the various items previously undisclosed,
20 like the threat assessments, were not helpful or exculpatory,
21 or that they did not need to be -- or that they did not provide
22 evidence that snipers had been inserted or did not need to,
23 because the use of snipers was already known to the defense.
24 Another argument is that the FBI did not provide the
25 information to the prosecution.

2:16—cr-046—GMN-PAL — January 8, 2018
16
1 The Court acknowledges that merely negligent
2 government conduct is not sufficient to establish flagrant
3 misbehavior. However, as the appellate court in Chapman
4 stated, “we never suggested that flagrant misbehavior does not
5 embrace reckless disregard for the prosecution’s constitutional
6 obligations.” In other words, reckless disregard may amount to
7 flagrant misbehavior. As the Court has noted, a prosecutor has
8 an ongoing duty to learn of favorable evidence known to other
9 government agents, including the police, if those persons are
10 involved in the investigation or prosecution of the case.
11 Therefore, the fact that the prosecution failed to look beyond
12 the files provided by the FBI is not mere negligence; it is a
13 reckless disregard for its Constitution obligations to learn
14 and seek out favorable evidence. The prosecution’s reliance on
15 the FBI to provide the required information amounted to an
16 intentional abdication of its responsibility.
17 For example, the prosecution was aware of the
18 existence of a camera set to provide a live feed. The claims
19 that the FBI 302 authored by Burke on April 8th of 2014 about
20 Egbert led the prosecution to believe that it did not need to
21 follow up on the camera feed because the 302 report said that
22 the camera was not configured to record. But the prosecution’s
23 decision to not follow up was not mere negligence. As the
24 Court noted previously, the government’s proffer that views
25 from a surveillance camera were never viewed by anyone nor

2:16—cr—046—GMN—PAL — January 8, 2018
17
1 recorded or reported in some format was simply inconceivable.
2 That the prosecution accepted this implausible claim, whether
3 it was provided by the FBI, is just another example of its
4 reckless disregard to fulfill its constitutional duties to
5 learn about evidence favorable to the defense that may have
6 existed as a result of someone’s notes and observations of the
7 surveillance camera’s live feed of the Bundy Ranch.
8 Further, the prosecutors’ alleged reliance on the
9 information in the FBI files was misplaced. The Court finds
10 that the FBI’s failure to timely produce information to the
11 prosecution amounts to reckless disregard or flagrant
12 misbehavior, especially in light of the fact that the FBI was
13 directly involved in the operation, prior to the operation,
14 during, and after the alleged conspiracy timeline. The Court
15 seriously questions why the FBI inexplicably placed (or perhaps
16 hid) potentially exculpatory electronic information about the
17 placement of FBI snipers in such an unconventional location, on
18 a thumb drive, inside a vehicle, for over three years.
19 Compounding the Court’s concern is that the FBI had almost four
20 full years to prepare the trial and two years to disclose the
21 information to the prosecution and that their agents were
22 physically present during the last two trials where the
23 existence of snipers was contentiously debated. Regardless,
24 the Court is not required to identify the responsible persons
25 with such specificity. And I add, the Court is not aware of

2:16-cr—046—GMN-PAL — January 8, 2018
18
1 any other situation where the FBI has acted in disregard such
2 as this. The law attributes, nevertheless, the conduct,
3 whether it’s of the FBI or other enforcement -- law enforcement
4 agencies under these circumstances, to the government
5 prosecution team, citing United States vs. Barrera-Moreno
6 decided by the Ninth Circuit in 1991, analyzing the Court’s
7 supervisory power, stating, and I quote, that “dismissal is
8 appropriate when the investigatory or prosecutorial process has
9 violated a federal constitutional or statutory right and no
10 lesser remedial action is available.”
11 This case is distinguished from Chapman in that the
12 prosecution in this case has kept a record of what has been
13 produced and what has not been produced. The Court also
14 recognizes that the government has attempted to locate all
15 outstanding discovery. However, like Chapman, this case
16 involves voluminous discovery and the government willfully
17 failed to produce Brady material. Additionally, the government
18 made several misrepresentations to the defense, and to the
19 Court, regarding the existence of the cameras, the snipers, the
20 materiality of prior threat assessments and its diligent and
21 fully complying —— its diligence in fully complying with its
22 constitutional obligations. For example, representations about
23 whether individuals were technically “snipers” or not “snipers”
24 was disingenuous, especially considering that the undisclosed
25 documents authored by the FBI, the ones located on the thumb

2:16-cr-046—GMN-PAL - January 8, 2018
19
1 drive inside a vehicle, expressly refer to these individuals as
2 “snipers” at least three different occasions. Likewise,
3 arguments about whether they were actually “deployed” or merely
4 “training” was a deliberate attempt to mislead and to obscure
5 the truth. These are arguments for closing argument and not a
6 reason to withhold information. Numerous other instances are
7 noted by the defense in the brief and the Court does not
8 disagree with these representations.
9 Thus, the Court does find that there has been
10 flagrant prosecutorial misconduct in this case even if the
11 documents themselves were not intentionally withheld from the
12 defense.
13 Defendant Payne argues that the defense has been
14 prejudiced because there —— they have already set forth the
15 legal and factual particulars of their defense by revealing
16 voir dire strategy, the evidence they expect to support their
17 defense in their opening statements, revealing their strategy
18 in cross-examination, and the defense correctly avers that this
19 revealed information will allow the government to try and
20 correct its faltering case. Specifically, the defense notes
21 the lack of success of the government at prior trials; the tone
22 and the direction of the jury questions in this case, both
23 those questions that were read and not read to the witness; and
24 the new yet unexplored issues related to the Wooten e-mail, the
25 FBI special agent who was formally assigned to lead the

2:16-cr—046—GMN—PAL — January 8, 2018
20
1 investigation but abruptly was removed in February of 2017,
2 allegedly by the prosecution because he complained of Special
3 Agent in Charge Dan Love’s misconduct, the investigating law
4 enforcement officer’s bias, the government’s bias, and the
5 failure to disclose exculpatory evidence.
6 The Court agrees that retrying the case would only
7 advantage the government by allowing them to strengthen their
8 witnesses’ testimony based on the knowledge gained from the
9 information provided by the defense and revealed thus far. The
10 government would be able to perfect its opening statements
11 based on the revealed defense strategy in its opening and the
12 government would also be able to conduct more strategic voir
13 dire at the retrial.
14 The Court is troubled by the prosecution’s failure to
15 look beyond the FBI file that was provided and construes the
16 Brady violations in concert as a reckless disregard of its
17 discovery obligations. The government’s recklessness and the
18 prejudice the defendants will suffer as a result of a retrial
19 warrant the extreme measure of dismissing the Indictment
20 because no lesser sanction would adequately defer —— deter
21 future investigatory and prosecutorial misconduct.
22 The government is only proposed a new trial as the
23 appropriate remedy for their discovery violations. However,
24 its conduct has caused the integrity of a future trial and any
25 resulting conviction to be even more questionable. Both the

2:16—cr-046—GMN-PAL — January 8, 2018
21
1 defense and the community possess the right to expect a fair
2 process with a reliable conclusion. Therefore, it is the
3 Court’s position that none of the alternative sanctions
4 available are as certain to impress the government with the
5 Court’s resoluteness in holding prosecutors and their
6 investigative agencies to the ethical standards which regulate
7 the legal profession as a whole.
8 The Court finds that the government’s conduct in this
9 case was indeed outrageous, amounting to a due process
10 violation, and that a new trial is not an adequate sanction for
11 this due process violation.
12 Even if the government’s conduct did not rise to the
13 level of a due process violation, the Court would nonetheless
14 dismiss under its supervisory powers because there has been
15 flagrant misconduct, substantial prejudice, and no lesser
16 remedy is sufficient. Dismissal is necessary as to these four
17 defendants: Ryan Payne, Ryan Bundy, Arnmon Bundy, and Cliven
18 Bundy, and dismissal is justified for all three of the
19 enumerated reasons provided by the law:
20 Number one, to properly remedy the constitutional
21 violation; number two, to protect judicial integrity by
22 ensuring that a conviction rests only on appropriate
23 considerations validly before a jury; and number three, to
24 deter future illegal conduct.
25 It is herein ordered that the defendants’ Motion to

2:16-cr-046—GMN—PAL — January 8, 2018
22
1 Dismiss with prejudice, Number 2883, public version 3057, as
2 well as Document No. 2906, public version 3058, and
3 Document 3082 and 3085, public version 3087 and 3088, are
4 hereby granted.
5 The Court hereby vacates the detention orders for
6 Cliven Bundy. The Court vacates the pretrial release orders
7 and exonerates the bonds of Ryan Payne, Ryan Bundy, and Ammon
B Bundy. Mr. Payne is still to report to the U.S. Marshal’s
9 Office immediately per Judge Brown’s order from Oregon, but
10 rather than having you remanded into custody right now
11 immediately, I will order you to report to the U.S. Marshal’s
12 Office as soon as this hearing is concluded.
13 The Calendar Call in trial date is likewise vacated
14 as to these four defendants, and the trial for the remaining
15 defendants will remain scheduled for February 26th at 8:30 a.m.
16 with Calendar Call February 15th at 9:00 a.m.
17 So the Court will take about a 15-minute recess.
18 It’s 9:56 now. So, about until 10:15 so that the proper
19 paperwork can be provided to the defendants and then we’ll
20 resume and take up the Intervenors’ Motion to Unseal, which is
21 number 3010 on the docket.
22 COURTROOM ADMINISTRATOR: All rise.
23 Off record.
24 (Recess was taken at 9:56 a.m.)
25 ///

2:16-cr-046-GMN-PAL - January 8, 2018
1 --000--
2 COURT REPORTER’S CERTIFICATE
4 I, Heather K. Newman, Official Court Reporter, United
5 States District Court, District of Nevada, Las Vegas, Nevada,
6 do hereby certify that pursuant to Section 753, Title 28,
7 United States Code, the foregoing is a true, complete, and
8 correct transcript of the proceedings had in connection with
9 the above—entitled matter.
10
11 DATED: 1—9—2018 _/s/ Heather K. Newman

Heather K. Newman, CCR #774
12 OFFICIAL FEDERAL REPORTER
13
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In Re Klayman

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In Re Klayman

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USCA Case #18-7024 Document #1718145 Filed: 02/15/2018 Page 1 of 73

In re: Larry Klayrnan,

PETITION FOR WRIT OF MANDAMUS

Oral Argument Requested

Larry Klayman, Esq.

Date: February 13, 201$

Corporate Disclosure Statement 1

CORPORATE DISCLOSURE STATEMENT

Petitioner Larry Klayman (“Mr. Klayman”) is a natural person and is not an

officer, director, or majority shareholder of any publicly traded corporation. There

of its stock, or any of the stock.

CERTIFICATE AS TO NAMED PARTIES AND INTERESTED PARTIES

Petitioner certifies that:

1) Mr. Klayman is a natural person

1) The Honorable Colleen Kollar-Kotelly (“Judge Kotelly”)

2) U.S. District Court for the District of Columbia

C. Interested Parties Participating

The Petitioner is not aware of any amicus curiae participating.

Klayman v. Zuckerberg, et at, I: ll-cv-OO$74 (D.D.C); Ktayman v. Judicial

Watch, 1: 17-cv-00034 (D.D.C).

writs necessary or appropriate in aid of their respective jurisdictions and agreeable

District Court is within the DC Circuit of the federal judicial system.

OUESTION PRESENTED FOR REVIEW

Honorable Colleen Kollar-Kotelly s (“Judge Kotelly”) clearly demonstrated

commence on February 26, 201$?

I. Judge Kotelly’s Bias and Animus Demonstrated in the FOIA Matter

Regrettably, Judge Kotelly’s deep-seated bias and animus against Mr.

strongly in freedom Watch v. Bureau of Land Management et al, 1: 16-cv-2320

Bureau of Land Management (“BLM”) and Federal Bureau of Investigation’s

pursuant to its mission as a non-profit government watchdog organization, but also

towards Mr. Klayman, which harmed the rights of his client.

Then, in a Status Report and Proposed Schedule filed by U.S. Attorney

30 at 2. However, as Freedom Watch logically pointed out in its response:

[TJhe documents at issue have already been culled by the defendants in

2freedoin Watch, Inc. v. Bureau ofLand Management et al, 1:1 6-cv-00992

estimated time needed to complete production is clearly not made in

knowledge, the FOIA Defendants’ outrageous estimated, obviously false, and

fabricated timeline of 41 years to complete document production is in and of itself

take limited discovery regarding the FOIA Defendants’ “search.” There is no

extension, his clients.

have been confirmed to be intricately involved in a large-scale cover-up and scandal

Mr. Wooten’s memorandum explicitly sets forth a wide-reaching scandal and

obstruction of justice, involving unethical and criminal misconduct on nearly every

level of the Bundy Prosecution amounting to obstruction of justice.4 Indeed, the

Honorable Gloria Navarro (“Judge Navarro”), who was characterized by the

mainstream publication the Las Vegas Review Journal as a “friend” of the

attorneys in hiding, shredding, and destroying documents and other exculpatory

The destruction and cover-up of potentially exculpatory evidence is not limited to

running through a list of documents that were wilfully destroyed, shredded or

hidden, Judge Navarro found:

Additionally, the Court concluded that the government willfully failed

Defendant’s estimation that it would take 41 years to produce relevant

reconsideration of the dismissal of the superseding indictment with prejudice,

Indeed, as set forth in Freedom Watch’s renewed motion, discovery is clearly

grant discovery, it is usually done to allow plaintiffs the opportunity to scrutinize an

issues as to the thoroughness of the government search for documents.” Judge

questions regarding the agencies’ search present here.

In sum, Judge Kotelly has steadfastly refused to rule on Freedom Watch’s

outrageous proposed timeline is anything more than a furtherance of the conspiracy

she steadfastly refuses to act.6

Navarro’s decision to dismiss the charges without prejudice, Freedom Watch is

clearly entitled to the documents independently of the criminal prosecution, in

furtherance of its mission to promote government transparency and to educate and

prejudice Mr. Klayman, but also his clients as well.