More stellar performance from ATF
On the Kwan case (background here):
Friday the Judge in US v. Kwan set aside the verdict on the Short Barreled Rifle. There will be a hearing in three weeks to determine if US attorney wants to retry or make motion to dismiss.
Seems the ATF mis-represented some facts
The Judge set aside the Jury’s verdict, and granted motion for re-trial. He stated reasons that the ATF/US attorney mis-stated the facts. The Judge gave the US Attorney three weeks to consider dismissing the charge, appeal his decision, or get ready for a new trial. I will let you know how the next hearing goes in a couple of weeks. This good news for all the 9th circuit…
Oops.
Prior missteps by ATF:
Lying (or time-traveling) to make a case that one of their auditees is harassing them.
A circuit court smacks them down for their ruling on model rockets;
An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;
Having budget issues due to mismanagement;
Being investigated for breaking he law at Virginia gun shows.
And they’ve had funds cut for some of their rather, err, dubious programs.
The ATF Director has resigned over excessive and lavish spending.
The now former head of the ATF ordered staff to do his nephew’s homework.
And employees are coming forward with allegations of mismanagement.
August 9th, 2007 at 3:28 pm
So, is this judge going to hold anyone in contempt for mis-stating fact? If not, I’m sure going to be interested to see how he reacts to folks lying to him in the future!
August 9th, 2007 at 4:11 pm
“Seems the ATF mis-represented some facts”
What, they did? With ATF’s sterling record who would have thought….
August 9th, 2007 at 4:20 pm
I’m with robert on this. Lying to the court is punishable. Why haven’t they been punished? NO, having their case thrown out is not punishment and it does nothing to make their victim whole.
I would think some jail time would be appropriate. And large fines both agnecy and personnel
August 9th, 2007 at 4:20 pm
“mis-represented some facts”. I think they call that perjury.
As for the lavish spending: I’d be happy to see them spend 100% of funding on hookers, kegs of good beer, cases of whiskey, fancy vacations, furs for their wives, motorcycles for their husbands, and fast cars, rather than use it to oppress a whole culture in America– if I had to choose. Thereby, any ATF agent who spends lavishly is doing us all a favor.
See, F-Troop? I’m on your side here.
October 1st, 2007 at 9:00 am
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