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U.S. Attorney's Office Rejects Family of Murdered Border Patrol Agent as Crime Victims
FOXnews ^

Posted on 08/11/2011 7:51:56 AM PDT by fabrizio

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 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."

(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Mexico; News/Current Events; US: Arizona
KEYWORDS: arizona; atf; banglist; border; borderpatrol; castaway; cia; dea; dhs; doj; ericholder; fastandfurious; fbi; gunrunner; gunwalker; holder; ice; immigration; mexico; obama
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1 posted on 08/11/2011 7:52:05 AM PDT by fabrizio
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To: fabrizio

Just WOW!


2 posted on 08/11/2011 7:54:16 AM PDT by rocksblues (Obama, the biggest liar in the history of American politics!)
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After 42 Days FR Is Still Short Of Its Goal

If Free Republic Ends We Lose

And This Man Wins

Click The Pic To Donate

3 posted on 08/11/2011 7:55:40 AM PDT by DJ MacWoW (America! The wolves are here! What will you do?)
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To: fabrizio
That is a stupid position to take. Since it is a motion, this should be easily overridden by the trial judge. I mean, come on ... the family is not victimized by the murder weapon??? Burke is a Jurke
4 posted on 08/11/2011 7:56:29 AM PDT by NonValueAdded (Murray / Baucus / Kerry / Upton? I've had better picks come out of my nose.)
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To: fabrizio

How do these people sleep at night?


5 posted on 08/11/2011 7:58:23 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: fabrizio

Can’t afford the ‘discovery’ phase.


6 posted on 08/11/2011 7:59:33 AM PDT by skeeter
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To: Lurker

Looks as if the fix is in.


7 posted on 08/11/2011 7:59:40 AM PDT by Eric in the Ozarks (Eh ?)
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To: Nachum; kristinn; holdonnow; rush; sneakers; HonestConservative; SoCalPol

ping


8 posted on 08/11/2011 8:01:51 AM PDT by AliVeritas (Pray. For all the latest, check out: http://directorblue.blogspot.com/)
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To: fabrizio; All

That’s the strategically best alternative for the government to take to protect itself. Get rid of the “victim”.

Having a victim is the first step towards prosecuting the perpetrator, who, in this case, is the chain of command above the ATF, which, of course, ends at the WH.

Incredibly morally wrong, but not surprising.

The Executive Branch is under the control of commu-islamo-nwo-fascist infiltrators.


9 posted on 08/11/2011 8:02:02 AM PDT by PieterCasparzen (We need to fix things ourselves)
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To: Lurker

How? They’re lawyers.


10 posted on 08/11/2011 8:03:29 AM PDT by 556x45
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To: fabrizio

Never, never, NEVER underestimate the slime of the Cretin-in-Chief and “his people”.


11 posted on 08/11/2011 8:05:38 AM PDT by Da Coyote
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To: brytlea; Diana in Wisconsin; Kakaze; Tammy8; unkus; metmom; Cap Huff; svcw; leapfrog0202; Concho; ..

Ping


12 posted on 08/11/2011 8:07:50 AM PDT by greyfoxx39 (My God can't be bribed by money or good works or bound by manmade "covenants". Romney's can.)
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To: DJ MacWoW

I’m going to say banana republic ruling...because if I said what I’m thinking my post would be deleted.


13 posted on 08/11/2011 8:09:07 AM PDT by Fantasywriter
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To: fabrizio
well of course...

DOJ is the perp

.

14 posted on 08/11/2011 8:10:34 AM PDT by Elle Bee
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To: fabrizio
Has every one of these bureaucrats forgotten the name Timothy Mc Veigh? Or are they afraid of the truth and another one?
15 posted on 08/11/2011 8:18:08 AM PDT by rolling_stone
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To: fabrizio

Not only does the government have innumerable victimless crimes, and it prosecutes them vigorously, here it is found in a position of denying the status of a clearly identified victim, which is just backwards.

Let me ask the DOJ this: how can “society as a whole” possibly be harmed by this crime, if the family of the murder victim, in particular and to be specific, wasn’t?


16 posted on 08/11/2011 8:20:31 AM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: fabrizio

Hope and change.


17 posted on 08/11/2011 8:21:45 AM PDT by FourPeas ("Maladjusted and wigging out is no way to go through life, son." -hg)
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To: fabrizio

http://www.msnbc.msn.com/id/41495274/ns/us_news-security/t/mexico-drug-violence-not-emergency-white-house-says/#.TkPxic0TU6w dated 2/10/2011 seems to lead us all in the direction of thinking this particular US Attorney is, to say the least, “dirty”, and he, himself is in the daisy-chain of murderers and thugs who killed that Border Patrolman.


18 posted on 08/11/2011 8:33:55 AM PDT by muawiyah
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To: fabrizio

The entire AZ DOJ office should be escorted to the state border...in cuffs.


19 posted on 08/11/2011 8:42:18 AM PDT by moovova (Our country, AAA. Our credit rating, AA+. Our president, FF-.)
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To: fabrizio

Well, the DOJ and ATF ain’t been doing nuthin’ to protect society in general or the public either, since they were furnishing the opportunity for the guns to go to Mexico via Gunwalker.

Sometimes I feel that our government is destroying the very basis of our freedom—life, liberty and the pursuit of happiness.

“Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”


20 posted on 08/11/2011 8:51:14 AM PDT by wildbill (You're just jealous because the Voices talk only to me.)
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