Bundy v. US District Court for the District of Nevada, Las Vegas, No. 17-70700 (9th Cir. 2017)Annotate this Case
Petitioner, through Attorney Larry Klayman, filed the instant emergency petition asking the court to issue a writ of mandamus to the district court for its failure sua sponte to admit Klayman pro hac vice. The court rejected petitioner's claims of changed circumstances: the district court's refusal to dismiss all charges against petitioner in light of the issuance of a report that may cast doubt on the credibility of one of the government's potential witnesses; a hearing at which defense counsel agreed to strike the district court's husband, Brian Rutledge, who is a deputy district attorney in Clark County, from its potential witness list; and the lack of federal criminal experience of petitioner's current counsel of choice, Bret Whipple. The court held that the district court's failure sua sponte to grant Klayman pro hac vice status as of March 2017 was neither an abuse of discretion nor clear error. The court concluded that the petition and reply contain patently false assertions and lack the most basic of due diligence in fact checking. Accordingly, the court denied the petition for writ of mandamus.