It seems that the Department of Injustice is determined NOT to take any responsibility of their actions in the “
Gunrunner” “Gunwalker” scandal. Go figure. Now the very office that headed up the gunrunning tells Agent Brain Terry’s family that they are NOT victims of the crime that said office committed. From Fox News.
In a surprise move in a controversial case, the U.S. Attorney’s Office in Arizona is opposing a routine motion by the family of murdered Border Patrol Agent Brian Terry to qualify as crime victims in the eyes of the court.
The family asked to intervene as victims in the case against Jamie Avila, the 23-year-old Phoenix man who purchased the guns allegedly used to kill Terry. Such motions are routinely approved by prosecutors, but may be opposed by defense attorneys.
However in this case, U.S. Attorney Dennis Burke argues because the family was not “directly or proximately harmed” by the illegal purchase of the murder weapon, it does not meet the definition of “crime victim” in the Avila case. Burke claims the victim of the Avila’s gun purchases, “is not any particular person, but society in general.”
I guess that having a loved one killed doesn’t affect you “directly”….
Prominent litigator and the former U.S. Attorney in Florida, Kendall Coffey disagrees.
I agree Mr. Coffey. Why??
“The government apparently is saying they’re not victims, even though it was a federal crime that put the murder weapon in the hands of the killer of Brian Terry,” says Coffey. “They are simply rights of respect, rights of communication and the right to be heard.”
I guess that the Federal Government can victimize you at will.
Coffey and others wonder if Burke has a conflict. It was his office that led Operation Fast and Furious. The operation, while executed by agents for the Bureau of Alcohol Tobacco, Firearms and Explosives, was managed by Assistant U.S. Attorney Emory Hurley. Hurley drafted the response to the family’s motion. It was signed by Burke.
Now I’m no lawyer, but that looks like a conflict of interest to me.
Congressional investigators are expected to subpoena both to appear before the House Government and Oversight Committee next month to answer questions about the flawed operation that put some 2,000 weapons in the hands of the Sinaloa cartel.
“Expected” ??? They damn better well be subpoenaed.
“The government leaders responsible for the tragic mistakes of Operation Fast and Furious have a lot of explaining to do before Congress. But at the same time, they still have a duty under federal law to give answers, to consult and extend respect to the family,” said Coffey.
“You gotta lotta ‘splainin to do Lucy.” Not just congress Mr.Coffey, the American people need answers to understand why our own government would arm those whom want to kill us. And to find out whom we need to put under a prison.
Under the federal Crime Victims Rights Act, the Terry family would have the right to confer with prosecutors and speak at Avila’s sentencing. Some speculate that the U.S. Attorney’s Office may cut a deal with Avila in exchange for information to be used against his associates. That deal could mean little or no jail time, and a controversial sentencing day in the courtroom. Having the Terry family fight that deal, could further embarrass and complicate Burke’s case.
The possibility of a deal is fucking beyond the pale. It also sends the message that if you kill an American, we’ll cut a deal with you if you have something we want…. Like give us some higher up to toss to the people as a scapegoat and the people won’t look at us.
Burke may also be trying to protect the federal government. The family may pursue a wrongful death claim against federal agents, including Burke himself.
Me thinks that ol’ Burke there don’t want to be someone’s prison bitch.
“If the evidence shows Brian’s death was proximately caused by the negligence of government, there may be a cause of action,” said Paul Charlton, the family’s attorney.
“May be” ???? I’d say that yeah, they’d have “cause of action”. What’s the matter Mr. Charlton ?? Scared ??
Coffey says that puts Burke in a tough spot.
I’d say that looking at the possibility of gaining a size ten asshole, IS, more than a “tough spot”. It’s a downright freak the fuck out spot.
“The government’s already been put on notice that they might be facing a wrongful death action by the family. And you have to wonder if the government’s efforts to deny the family the status of ‘crime victims’ is part of a strategy to avoid legal responsibility for some of the tragic mistakes of Operation Fast and Furious,” he said.
As the government has avoided responsibility for damn near everything that they’ve done since January 20 2009…..
Burke refused comment when asked why he opposed the family’s motion and his possible conflict of interest.
All in all, that’s a pretty smart move. If you don’t say anything, it can’t be brought up against you. But then, it really does make you look bad, as in a non-caring asshole. Asshole.
Contact your congress critter, senate shitter, and tell them, “We the PEOPLE demand that you, do your job, and find out who we need to prosecute to right this wrong.”