Sunday, July 31, 2011

AN OUTSTANDING IDEA. Open letter to AZ AG Tom Horne: prosecute the ATF people responsible for Fast & Furious under state law.

Hugh Holub has a great idea.

Arguably senior officials in ATF are chargeable for endangerment under state law.

I would urge you and your staff to look into the record that has been developed so far by the US House Committee on Oversight and Government Reform and the sworn testimony by various ATF employees with an eye on what, if any, state criminal laws were violated in the course of the “Fast and Furious” project.

I am suggesting ARS 13-1201 as just one of what may be many examples of violation of state criminal laws by ATF officials.

There is a fundamental issue at stake here.

Sometimes the federal government operates as though it is not subject to any law, even at the federal level. At times it becomes obvious that in the pursuit of their mission, they disregard state law, placing their mission ahead of the public safety and well-being of the people within a state.

Just because they might be federal employees or even federal law enforcement officials, they do not have any kind of immunity for violations of the state criminal code.

I urge you to look closely at the conduct of ATF within Arizona, and investigate whether or not that conduct violated state criminal laws, And if you find the conduct of the ATF senior management did indeed violate state law, please hold those ATF officials accountable to the people of Arizona.


Mark Matis said...

An interesting concept. But I suspect that would turn out much as the attempt to prosecute Lon Horiuchi for murdering Vicki Weaver did back then. They attempted to charge him with manslaughter, I believe it was, in state court. FedCourt claimed jurisdiction, State Court withdrew, and Horiuchi was freed.

The stench is overwhelming.

tom said...

Worked really well with Lon Horiuchi...just sayin'...

Anonymous said...

I have been wondering if it would occur to anyone that these federal agents could be prosecuted under state law, and Arizona is just independent-minded enough to do it.


Anonymous said...

You chess players know the expression "Mate in (some number of moves)". It refers to a situation where, regardless of what one side does, the outcome is inevitable. Keep in mind that in most cases, politicians are politicians and regard their state level jobs as bush league prep work for the move up to the real deal at the federal level. That leads to outcomes like Lon Horiuchi's treatment after Ruby Ridge mentioned above. Add to the career killing potential of indicting a federal official a really sweet LEAA grant to the Idaho state police and the outcome was "mate in (whatever)" and Horiuchi walked.

The other aspect of the "mate in ..." is that if we ever get to the situation where state officials feel they can get away with indicting federal officials, we are already way down the road to an "Absolved" situation and there may be no turning back.

Mate in ?

Anonymous said...

Turn them over to Mexico and let them be prosecuted by the people who they thought should be 'scrambled eggs'. With any luck at all, they'll be treated as well as the 20 or so arms smugglers they managed to handcuff here for their roles in the F&F 'Gunwalker' debacle.

Lord knows there won't be any justice here.

Law enforcement officers in America have been 'made' as protected political species with immunity from prosecution; especially federal LE.

TPaine said... Arizona not being sued by Obama right now for enforcing federal law under an Arizona version? And is not Arizona losing that battle? So how would AZ going after federal agents go over with Obama and Holder?

It's time for that revolution! Only the people can now fix what is broken. The governments of this country - state and federal - are either too corrupt or too impotent to do much good for anyone anymore.

Anonymous said...

It CAN happen... 9th Circuit ruled 2-1 that the feds were immune due to Supremacy Clause, then 9th Circuit ruled en banc that Horiuchi could stand trial in Idaho..

New Boundry county prosecutor decided not to 'reopen old wounds' and Horiuchi moved to have the ruling vacated...

pdxr13 said...

+1 to Anon:

A gift to the Mexican Justice System, or perhaps the Honduran Justice System would bypass a Presidential Pardon and a failure-to-prosecute by the AG. Mexican and Honduran justice is known to be effective and faster than our own. Offenses against the State, including gunrunning that leads to murders and various charges involving money laundering, bribery, and illicit drug transport are a start.

How would we react to some Federales or Mexican Special Ops snatching recent guilty witnesses to Issa and Grassley committees? Blending into the USA is really not a problem for them, like it might have been in 1960.

Obama can provide some community funding to their Spanish-speaking defense team. Without English Common Law, it's a whole different game.