DOJ Rejects Family of Murdered Border Patrol Agent as Victim
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U.S. Attorney's Office Rejects Family of Murdered Border Patrol Agent as Crime Victims
By William La Jeunesse
Published August 11, 2011
| FoxNews.com
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."
Prominent litigator and the former U.S. Attorney in Florida, Kendall Coffey disagrees.
"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."
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.
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.
"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.
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.
Burke may also be trying to protect the federal government. The family may pursue a wrongful death claim against federal agents, including Burke himself.
"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.
Coffey says that puts Burke in a tough 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.
Burke refused comment when asked why he opposed the family’s motion and his possible conflict of interest.
Read more: http://www.foxnews.com/politics/2011/08 ... z1VfcPIjIw
Shake-up follows flawed ATF anti-cartel project
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Shake-up follows flawed ATF anti-cartel project
WASHINGTON – The acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives was reassigned Tuesday and Arizona's top federal prosecutor resigned in the midst of ongoing inquiries into a controversial gun-trafficking investigation that allowed hundreds of firearms to fall into the hands of Mexican drug cartel enforcers and U.S. criminals.
http://i.usatoday.net/news/_photos/2...-k7bcqj7-x.jpg
Attorney General Eric Holder said B. Todd Jones, the chief federal prosecutor in Minnesota, would replace Kenneth Melson as acting director of the ATF. Holder said Melson will become senior adviser on forensic science in the Justice Department's Office of Legal Policy.
Arizona U.S. Attorney Dennis Burke, whose office is overseeing pending prosecutions in the gun investigation known as Operation Fast and Furious, resigned. Emory Hurley, an assistant federal prosecutor directly assigned to the gun prosecutions, was reassigned within the Phoenix office.
BLOG: ATF chief ousted amid trafficking probes
The shake-up represents the Obama administration's first major response to allegations that the flawed gun investigation, aimed at tracking guns to drug cartel leaders, may have been responsible for arming drug organizations in deadly encounters with Mexican and U.S. officials.
The operation was shut down last December following the killing of Border Patrol Agent Brian Terry in a Arizona shootout. Two weapons recovered at the scene of Terry's killing were purchased as part of the federal sting operation. It has not been determined whether either of the weapons were used to kill Terry.
Prior to Terry's killing, ATF officials allowed about 2,000 guns to be purchased by alleged cartel associates, known as straw buyers, hoping that the trail of weapons would lead to cartel leaders and their ultimate prosecutions.
The attorney general, who offered no criticism of the departing leaders, said Jones would bring a "wealth of experience" to the top job at ATF.
"I have great confidence that he will be a strong and steady influence guiding ATF in fulfilling its mission of combating violent crime by enforcing federal criminal laws and regulations in the firearms and explosives industries," Holder said.
Like Melson, Jones will hold the title of acting director for an embattled agency that has been without a permanent director for five years. Holder also said Jones would continue to serve as the chief federal prosecutor in Minnesota.
The Justice Department announcements prompted mixed reactions from Congress where the House Committee on Oversight and Government Reform is investigating the ATF's Phoenix-based operation. The Justice Department's inspector general is conducting a separate review.
Committee Chairman Darrell Issa, R-Calif. said the operation's "reckless disregard for safety" merited a change in leadership. But he said the panel would continue "to ensure that blame isn't offloaded on just a few individuals."
"There are still many questions to be answered about what happened in 'Operation Fast and Furious' and who else bears responsibility," Issa said. "These changes are warranted and offer an opportunity for the Justice Department to explain the role other officials and offices played in the infamous efforts to allow weapons to flow to Mexican drug cartels."
Sen. Charles Grassley, R-Iowa, who is assisting the congressional inquiry, said the personnel moves were "a step in the right direction."
"Today's announcement is an admission by the Obama administration that serious mistakes were made," he said. "There's a lot of blame to go around. As our investigation moves forward, and we get to the bottom of this policy, I wouldn't be surprised to see more fall out beyond the resignations and new assignments announced today."
Maryland Rep. Elijah Cummings, the ranking Democrat on the House panel, said Melson and Burke both acknowledged in interviews with committee investigators that "mistakes were made and that Operation Fast and Furious lacked adequate protections for public safety."
Cummings said that in interviews with congressional investigators Melson said he was not aware of specific details about the operation until they were publicly disclosed in news accounts earlier this year.
When he later learned of the number of weapons actually involved, Melson told investigators that his stomach was "in knots."
"Fresh leadership will allow ATF to move forward and focus on its vital mission of enforcing our nation's gun laws," Cummings said.
In a statement issued Tuesday, Melson said that he would "miss" working at the agency.
"ATF employees are hard working and dedicated to the mission of protecting the public every day, and in my time here I have seen firsthand their extraordinary commitment to stopping violent crime," he said.
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Posted 21h 47m ago | Updated 9h 45m ago
http://www.usatoday.com/news/washington ... 50192398/1
Evidence Suggests Cover-Up in ATF Scandal, More Guns Appear
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Evidence Suggests Cover-Up in ATF Scandal, More Guns Appear
http://www.alipac.us/ftopict-249035-shakeup.html
Quote:
Just hours after the death of Border Patrol agent Brian Terry, federal officials tried to cover up evidence that the gun that killed Terry was one the government intentionally helped sell to the Mexican cartels in a weapons trafficking program known as Operation Fast and Furious.
The revelation comes just days after a huge shake-up of government officials who oversaw the failed anti-gun trafficking program and Congress renewed its demand for more answers.
Gun-running Holder /Obama guilty of perjury & manslaught
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Gun-running Holder /Obama guilty of perjury & manslaughter
http://www.alipac.us/ftopict-249105.html
Quote:
Many people think that Holder, Assistant Attorney General Ronald Weich, and ATF Supervisor William Newell have already perjured themselves in their testimony before the Oversight Committee. For example, Holder claimed in May that he had only learned about Fast and Furious a few weeks before.
http://townhall.com/tipsheet/katiepavli ... nd_furious
Fast and Furious: US officials resign over gun sting
Fast and Furious: US officials resign over gun sting
http://www.alipac.us/ftopict-248734-shakeup.html
U.S. names new ATF chief after Mexican arms scandal
http://www.alipac.us/ftopict-248703-shakeup.html
GOVERNMENT GUNRUNNERS By Chuck Baldwin
http://www.alipac.us/ftopict-248848-shakeup.html