Monday, July 11, 2011

A Civil Proceeeding

But they don't want to see ATF/DOJ culprits prosecuted criminally? [Read]

What's up with that?

Oh.
Posted by David Codrea at 7/11/2011 05:31:00 PM

3 comments:

Chas said...

The family's views on criminal prosecution shouldn't count for much in any criminal case. They aren't witnesses, and only indirectly victims.

Nice to see that they are looking at a civil suit. That is where they do get to decide how things proceed.

"...there may be a cause of action..."

"...there are exceptions when agencies can reasonably foresee their actions will do harm."

"...multiple warnings to supervisors that the program was going to kill people."

I hope they win big.

Congress needs to undo the damage it has done to our rights by eliminating the firearms function of the rogue agency it created. There's really no "F" in ATF, it's really the manifestation of an out of control Congress. Clean up the US Congress, and the unconstitutional, "F" nightmare disappears into history like other infamous government organizations, such as the Stasi and the SS. We didn’t need them, and we don’t need the "F'ers" at ATF.

7/11/2011 7:02 PM
Ned said...

Nothing will change until the mundanes actually obtain grand jury access.
I once wrote a proposal on the matter, (back when I was working in the legal field) the essence of which provided that an attorney (an officer of the court) could obtain and present evidence to a grand jury on behalf of a victim harmed by government actors.

A civil proceeding is not a realistic remedy for most folks - especially when the victim is pursuing legal action against the largest law firm in the world - the DOJ. It likely takes 50 grand to simply get the ball rolling in such a case.

Incidentally, DOJ is charged with defending their client - the U.S. Government.
Pretty much makes any criminal action pursued by DOJ a conflict of interest - especially since a conviction may open the door to a civil action, which the DOJ will also defend...

7/12/2011 12:59 PM
Ned said...

Not that it matters, but it should be noted that the Terry family attorney in this matter is Paul Charlton, former U.S. Attorney for the state of Arizona.

7/12/2011 3:21 PM

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