-Caveat Lector-
Appeals panel unsure whether Idaho can charge FBI sharpshooter
DAVID KRAVETS, Associated Press Writer
Wednesday, December 20,
2000 Breaking News Sections
(12-20) 18:13 PST SAN FRANCISCO (AP) -- The 1992 Ruby Ridge
standoff was briefly relived in a courtroom Wednesday during a
closely watched case that tests whether federal agents are immune
to state prosecutions.
While two prominent attorneys recounted the death of white
separatist Randy Weaver's wife form an FBI sharpshooter's rifle,
11 judges of the 9th U.S. Circuit Court of Appeals did not
indicate whether Boundary County, Idaho prosecutors could try
agent Lon T. Horiuchi on allegations of manslaughter.
Inside an ornate San Francisco courthouse heavily guarded by
federal marshals, the panel heard arguments to review its June
decision that the Idaho county could not prosecute the
sharpshooter for ``actions taken in pursuit of his duties as a
federal law enforcement officer.''
Solicitor General Seth Waxman told the judges that it didn't
matter whether Vicki Weaver's death was the result of excessive
force.
``These federal law enforcement officials are privileged to do
what would otherwise be unlawful if done by a private citizen,''
Waxman told the panel during an hour-long hearing. ``It's a
fundamental function of our government.''
Judge Alex Kozinski was perplexed by the argument.
``If the Constitution does not provide limitations for federal
agents' actions, then what does?'' he asked.
Boundary County attorney Ramsey Clark, who was attorney general
under the Johnson administration, said the court must reverse
it's earlier decision in a case defining ``when government agents
can kill with immunity.''
Much of the discussion focused on the facts surrounding Vicki
Weaver's killing. Clark contended that if the facts are under
dispute, the only way to resolve them is through a trial.
Judge Susan Graber and other judges asked whether Horiuchi, who
was not present in the courtroom, knew that the unarmed woman he
killed was in the line of fire when he fired into Weaver's cabin.
``Reasonable people could differ whether Agent Horiuchi's actions
were reasonable or not,'' she said.
``You really don't know the facts until you go to trial,'' Clark
responded.
Waxman said the facts were irrelevant and said federal agents
subject to various state laws could ``chill'' the government's
ability even to guard the president.
Wednesday's rehearing stemmed from a request by Boundary County
prosecutors, who argued in court papers that the shooting was
done by a ``wild-headed government sniper.''
During the weeklong standoff at the Weaver cabin on northern
Idaho's remote Ruby Ridge, Horiuchi shot and killed Weaver's wife
and wounded family friend Kevin Harris. Witnesses have said the
sharpshooter fired as Vicki Weaver held open the cabin door, her
10-month-old baby in her arms, to let Randy Weaver, their
daughter and Harris back inside.
Horiuchi maintains that he did not see Vicki Weaver when he fired
at Harris, an armed associate of Randy Weaver who was ducking
into the cabin as federal agents attempted to arrest Weaver on a
weapons trafficking charge. The agent also said he fired to
protect a government helicopter flying overhead.
The federal government declined to prosecute Horiuchi.
The Justice Department this summer announced the settlement of
the last remaining civil lawsuit stemming from the standoff.
The government admitted no wrongdoing, but paid Harris $380,000
to drop his $10 million civil damage suit.
In 1995, the government paid Weaver and his three surviving
children $3.1 million for the killing of Weaver's wife and their
son, Samuel. The 14-year-old boy died in a shootout with a team
of federal marshals that ignited the siege. A deputy marshal was
also killed.
The court did not indicate when it would rule.
The case is Idaho vs. Horiuchi, 98-30149.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~~~~~~~~
The Best Way To Destroy Enemies Is To Change Them To Friends
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