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The federal investigation into an FBI agent's apparent firing of gunshots at Robert "LaVoy" Finicum and the alleged FBI tampering with evidence at the scene has gone to a grand jury.
Assistant U.S. Attorney Charles Gorder Jr. revealed the grand jury hearing in court papers Thursday explaining the government's desire to keep its memorandum about the inspector general's investigation into the FBI's handling of the Jan. 26 shooting out of the hands of defense lawyers.
"The Declaration provides details of an ongoing investigation by the United States Department of Justice, Office of Inspector General, and concerns matters occurring before the grand jury protected from disclosure,'' Gorder wrote to the court. "The Declaration more fully describes to the Court alone the nature of the material which is the subject of defendants' motion to compel and which the government contends should be denied from discovery.''
Late Wednesday, Brown said she'd allow prosecutors to file the memo under seal, but ruled it must be shared with defense lawyers. She said, however, that she would allow the government to make further argument why it shouldn't be shared with the defense.
That led to Gorder's expanded legal brief, noting the federal investigation is before a grand jury. Grand juries typically review investigations to determine whether to return criminal indictments.
originally posted by: TrueAmerican
POSSIBLE misconduct?
Lol. No really. L friggin OL.
Um. No.
This means -- in plain English minus the legalese and weasel words -- that the feds are trying to withhold evidence from defense attorneys that may and could exonerate the Bundys and other protesters at the refuge in Oregon and at the Bundy Ranch in Nevada.
Um. No.
It is about the shooting of Finicum, nothing to do with the Bundys.
Defense lawyers in the Oregon standoff case have asked the judge to compel the government to turn over the investigative records regarding the FBI's alleged misconduct.
Late Wednesday, [Judge] Brown said she'd allow prosecutors to file the memo under seal, but ruled it must be shared with defense lawyers.
Yes. The alleged misconduct involved with the shooting. Your own title says that.
Defense lawyers in the Oregon standoff case have asked the judge to compel the government to turn over the investigative records regarding the FBI's alleged misconduct.
www.oregonlive.com...
Defense lawyers have argued that prosecutors must share any evidence that could benefit the defense, including any material that could damage the credibility of a prosecution witness. Federal prosecutors counter that they won't call law enforcement officers involved in the investigation as witnesses in the case, according to court records.
originally posted by: Boadicea
a reply to: Phage
Um. No.
It is about the shooting of Finicum, nothing to do with the Bundys.
Um. No.
It's all one and the same. The feds know it as evidenced by charging all defendants together. The defense lawyers know it as evidenced by their motions. And the judge knows it as evidenced by her ruling:
Defense lawyers in the Oregon standoff case have asked the judge to compel the government to turn over the investigative records regarding the FBI's alleged misconduct.
Late Wednesday, [Judge] Brown said she'd allow prosecutors to file the memo under seal, but ruled it must be shared with defense lawyers.
Defense lawyers in the Oregon standoff case have asked the judge to compel the government to turn over the investigative records regarding the FBI's alleged misconduct.
Defense lawyers have argued that prosecutors must share any evidence that could benefit the defense, including any material that could damage the credibility of a prosecution witness
Won't effect thr Bundles at all the question is did the FBI agentry lie about the number of shots and who fired them. If thr grand jury decides there is cause to believe that the FBI agent lied then the next step would be dismissal or suspension.
The defense is getting what they asked for. They successfully argued for it.
Therefore the defendants have every right to the information they are demanding under the rules of Discovery.
Guilt by association? The Grand Jury is about the agents involved with the shooting of Finicum. Agents who the prosecution will not be calling as witnesses anyway. They don't need them.
The article does not say it, but I will: The feds must share not only information that could "damage the credibility of a prosecution witness," but any information that would damage the credibility of those who participated in any/all federal action against them.
Sure, any truth which may have something to do with the case against the Bundites. But not anything that doesn't.
If that wasn't a problem for the feds, they wouldn't be fighting so hard to hide the truth, the whole truth and nothing but the truth.
The prosecution has already said they won't be using those agents as witnesses. They will not be testifying.
If one or more FBI agents lied about those shots in any way -- including lies of omission -- then their credibility and integrity is damaged and everything they said and did is suspect.... including all actions taken against the Bundys and the other defendants.
It's called due process.
Persecution? The FBI persecuted the Bundites?
including information which would discredit any and all agents involved in their persecution of the Bundys et all.