Fast And RINO: Judge Picked For Job By John McCain Dismisses Lawsuit By Slain Border Patrol Agent’s Family

Nov 16, 2013 11 Comments Chuck Biscuits


Judgepedia: On the recommendation of Arizona U.S. Senators Jon Kyl and John McCain, Campbell was nominated to the United States District Court for the District of Arizona by President George W. Bush.

Excerpted from Arizona Daily Star: A federal judge threw out a lawsuit filed against federal officials connected with the botched Fast and Furious program by the parents of slain Border Patrol Agent Brian Terry.

In an eight-page ruling, U.S. District Judge David Campbell said he recognizes that Terry’s parents, Kent and Josephine Terry, “have suffered a great loss, and that any financial remedy is likely insufficient to redress their injury.”

But Campbell pointed out that Congress approved several ways of dealing with federal agents who die in the line of duty, including the federal Public Safety Officers Benefits Act. And he said that means the only relief the family can get is what that law provides.

The attorney for the parents acknowledged that law, but called it inadequate because it provided no separate deterrence against government wrongdoing.

Campbell said that may be true. But he also said it’s legally irrelevant.

“The compensation available under the PSOBA (the federal law) is intended to remedy precisely the harm that plaintiffs have suffered, namely the tragic death of their son,” Campbell wrote. “It is not the proper role of this court to second-guess the remedial action established by Congress, find it insufficient, and impose an additional judicially crafted remedy.”

Robert Heyer, Brian Terry’s cousin, said Saturday that the family learned about the ruling late Friday and is “very disappointed.”

He said the issue goes beyond the question of financial compensation.

“This was the family’s effort to hold those responsible for Fast and Furious accountable,” Heyer said.

“Unfortunately, the judge did not look at any of the egregious behavior of the U.S. Attorney’s Office. He merely looked at statutory procedures Congress had set up” in cases of the death of a federal agent, procedures Heyer said fail to recognize the difference between an officer killed in a motor vehicle accident and one, like Terry, shot to death because of what the family believes was negligence by federal officials.

“The ruling has nothing to do with the underlying incompetence of those responsible for the debacle that ended in Brian’s death,” Combs said. We intend to appeal and we and the Terry family will continue to pursue all avenues to obtain justice and to hold those responsible for this tragedy.”

The lawsuit is a direct outgrowth of Fast and Furious, a plan hatched by the Bureau of Alcohol, Tobacco, Firearms and Explosives to allow “straw” buyers for Mexican drug cartels to legally purchase firearms from Arizona dealers.

Keep reading


http://patdollard.com/2013/11/fast-a...agents-family/