Read starting with Solicitor General Seth para.I puked when I read this.A police spate with no checks is what is being talking about pure and simple.Murder with no recourse for justice.
Appeals Panel Hears Ruby Ridge Case
By DAVID KRAVETS, Associated Press Writer
SAN FRANCISCO (AP) - The FBI shooting of a white separatist's wife
during
the 1992 Ruby Ridge standoff was recounted in a federal courtroom
Wednesday
in a case that is testing whether federal agents are immune to state
prosecution.
The 9th U.S. Circuit Court of Appeals didn't immediately indicate
whether
prosecutors would be allowed to try agent Lon T. Horiuchi on
manslaughter
charges for the death of Randy Weaver's wife, Vicki.
The federal government declined to prosecute the agent.
Wednesday's hearing stemmed from a request by Boundary County, Idaho,
prosecutors, who argued in court papers that the shooting was done by a
``wild-headed government sniper.'' The county asked the court to review
its
June decision that said the county couldn't prosecute the sharpshooter
for
``actions taken in pursuit of his duties as a federal law enforcement
officer.''
Attorney Ramsey Clark, arguing for the county, said the court must
reverse
that decision in a case defining ``when government agents can kill with
immunity.''
Solicitor General Seth Waxman told the 11 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 the hour-long hearing. ``It's a fundamental function of our
government.''
Judge Alex Kozinski questioned Waxman's argument, saying: ``If the
Constitution does not provide limitations for federal agents' actions,
then
what does?''
Much of the discussion focused on the facts surrounding Vicki Weaver's
killing.
Judge Susan Graber asked whether Horiuchi, who wasn't in the courtroom,
knew
the unarmed woman was in the line of fire when he shot at 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 are irrelevant, and that federal agents subject to
various state laws could chill the government's ability even to guard
the
president.
The court didn't indicate when it would rule.
During the weeklong standoff at 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 in.
Horiuchi maintains he didn't see Vicki Weaver when he fired at Harris,
who
was armed and was ducking into the cabin as federal agents attempted to
arrest Randy Weaver on a weapons trafficking charge. He also has said he
fired to protect a government helicopter overhead.
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 federal marshals that ignited
the
siege. A deputy marshal was also killed.
http://dailynews.yahoo.com/h/ap/20001220/pl/ruby_ridge_1.html
Appeals Panel Hears Ruby Ridge Case
By DAVID KRAVETS, Associated Press Writer
SAN FRANCISCO (AP) - The FBI shooting of a white separatist's wife
during
the 1992 Ruby Ridge standoff was recounted in a federal courtroom
Wednesday
in a case that is testing whether federal agents are immune to state
prosecution.
The 9th U.S. Circuit Court of Appeals didn't immediately indicate
whether
prosecutors would be allowed to try agent Lon T. Horiuchi on
manslaughter
charges for the death of Randy Weaver's wife, Vicki.
The federal government declined to prosecute the agent.
Wednesday's hearing stemmed from a request by Boundary County, Idaho,
prosecutors, who argued in court papers that the shooting was done by a
``wild-headed government sniper.'' The county asked the court to review
its
June decision that said the county couldn't prosecute the sharpshooter
for
``actions taken in pursuit of his duties as a federal law enforcement
officer.''
Attorney Ramsey Clark, arguing for the county, said the court must
reverse
that decision in a case defining ``when government agents can kill with
immunity.''
Solicitor General Seth Waxman told the 11 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 the hour-long hearing. ``It's a fundamental function of our
government.''
Judge Alex Kozinski questioned Waxman's argument, saying: ``If the
Constitution does not provide limitations for federal agents' actions,
then
what does?''
Much of the discussion focused on the facts surrounding Vicki Weaver's
killing.
Judge Susan Graber asked whether Horiuchi, who wasn't in the courtroom,
knew
the unarmed woman was in the line of fire when he shot at 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 are irrelevant, and that federal agents subject to
various state laws could chill the government's ability even to guard
the
president.
The court didn't indicate when it would rule.
During the weeklong standoff at 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 in.
Horiuchi maintains he didn't see Vicki Weaver when he fired at Harris,
who
was armed and was ducking into the cabin as federal agents attempted to
arrest Randy Weaver on a weapons trafficking charge. He also has said he
fired to protect a government helicopter overhead.
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 federal marshals that ignited
the
siege. A deputy marshal was also killed.
http://dailynews.yahoo.com/h/ap/20001220/pl/ruby_ridge_1.html