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To: gatex

"At Ruby Ridge court case, the U.S. Marshals asked for immunity in court for ---
---Filing a false report.
---Lying to the Grand Jury.
---Lying to the Court."

Which case was it that took the states right to prosecute federal agents away? My recollection is that the federal government then granted immunity to the ATF.


55 posted on 06/14/2005 9:41:40 AM PDT by followerofchrist
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To: followerofchrist
"Which case was it that took the states right to prosecute federal agents away? My recollection is that the federal government then granted immunity to the ATF. "

The en banc 9th Circuit Court of Appeals Case, Idaho v. Horiuchi, finally ruled that Idaho could prosecute Horiuchi, the FBI sniper that killed Vicky Weaver (after a 3 member panel said no to prosecution). The Court repeated the comments that it was an "un-Constitutional" shot.

A newly-elected prosecutor in Idaho then decided to not prosecute Horiuchi, saying that there was not sufficient interest (I do not recall his words, but vaguely recall that particpants had had enough). It quickly vanished from the media. Of cours, the FBI had been vigorously opposing prosecution.

56 posted on 06/14/2005 10:00:36 AM PDT by gatex (NRA, JPFO and Gun Owners of America)
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To: followerofchrist
Link to Idaho v Horiuchi ( June, 2001 )

Qoute from case --"That the first shot was Roderick's shooting of the dog is consistent with the early reports from the scene. An Idaho State Police Captain reported that he understood from talking to Roderick on the night of August 21 that he shot the dog first. "

57 posted on 06/14/2005 10:16:31 AM PDT by gatex (NRA, JPFO and Gun Owners of America)
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To: followerofchrist
Idaho v. Horiuchi discusses the Supremecy Clause and several court cases involving immunity.

Another quote from case --- "Were we to accept Horiuchi's story at face value, as the dissent does, we too would conclude that he was entitled to immunity. However, Horiuchi's explanation hinges on a series of explicit or implicit factual assertions, and we cannot accept the explanation unless we find that the underlying assertions are established beyond dispute...."

58 posted on 06/14/2005 10:24:25 AM PDT by gatex (NRA, JPFO and Gun Owners of America)
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