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To: OneWingedShark
Further, the FBI should be fiscally liable for the repairs.

So you're saying that YOU should be fiscally responsible for the repairs. The FBI produces nothing. It has no money of it's own. That's taxpayer's (read you and I) money you're talking about.

66 posted on 03/05/2011 10:34:21 PM PST by Melas
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To: Melas

>>Further, the FBI should be fiscally liable for the repairs.
>
>So you’re saying that YOU should be fiscally responsible for the repairs. The FBI produces nothing. It has no money of it’s own. That’s taxpayer’s (read you and I) money you’re talking about.

Granted it would be infinitely better if the agents were themselves personally liable; that, however, isn’t going to happen.
Federal law gives immunity from civil suits to “federal employees” who are “in execution of their duties;” I bring this up because it REALLY burns me —it was the rationale behind a panel of judges giving John Murtha *spit* immunity from slander suits from the Haditha marines. This despite two *major* failings: 1) that one key feature of an employee is the ability to be fired; representatives/senators cannot be fired, only recalled; and 2) the duties of a single Legislator do not include [unilateral] the pronouncement of guilt/innocence in a criminal case— of this the FBI agents actually *ARE* federal employees and [it can and will be argued] were “in execution of their duties.”

Far better would be a criminal case on violation of this law:
US CODE, TITLE 18, PART I, CHAPTER 13, § 241 — Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

The Constitutional right being secured, in this case, being the 4th Amendment... however, I *really* don’t foresee a government employee [the prosecutor] picking up this case. This law is *FAR* too dangerous to enforce in a government corrupt as ours (i.e. it could be used as the basis for, in the district where that federal judge ruled ObamaCare to be unconstitutional, prosecuting every legislator who voted for it).


80 posted on 03/06/2011 6:58:12 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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