Jaimie Zapata's survivors sue over Fast and Furious
1) All three rifles found at the scene appear to have been Fast and Furious guns. Of the six guns found on the killers when they were arrested, one traced to Fast and Furious.
2) There are references to guns being given to ATF "CIs" -- "cooperating individual" or "confidential informant," meaning informants. This suggests that letting cartel straw men buy guns wasn't enough, ATF's own informants were given guns to pass on to the cartels.
3) ATF policy is that a written report must be filed within five days of an event, but in this case some were not filed until more than three months passed.
4) I think the Federal Tort Claims Act claims are going to be very hard for the government to defend. The usual defense is the "discretionary function exception," which says the government does not consent to be sued over discretionary functions, a term the Supreme Court construed to mean actions where the decisionmaker had discretion to act, in the sense of not having been forbidden to do so by a superior. Here, the decision(s) to run guns to the cartels didn't just violate regulations or policies, they violated multiple sections of the Gun Control Act and of various arms export statutes. I don't think an agency supervisor will be able to claim he had discretion to do what Congress had specifically outlawed.
...Discovery and interrogatories should be interesting. They can't all lie in the same way. Somebody is gonna screw it up.
Posted by: Dave D. at February 14, 2013 04:23 PM
No doubt the government will assert the "state secrets" privilege over all evidence in the case, then request dismissal on the grounds that the case cannot be tried without evidence.
Posted by: Veracitor at February 14, 2013 06:55 PM