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Brian Terry's Family to File Wrongful Death Suit?

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    Relatives plan to sue government over failed 'Fast and Furious' operation

  • Duration 7:05
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We'll -- -- is back in session on the docket today a family's quest for justice after their son is murdered in the line of duty.

Border Patrol agent Brian Terry guns down near the Mexican border nearly a year ago.

Guns found at the crime scene allegedly walked into the hands of Mexican drug cartels.

Through an operation.

From our own government operation fast and furious.

The Phoenix office of the ATF handled that botched operation that was ultimately linked to agent Terry's death.

But this week senators grilled attorney general Eric Holder whose Department of Justice oversees the ATF.

And when given the chance the attorney general refused to apologize to the Terry family.

If you apologize for the family -- Brian Terry.

I have not apologize -- but I certainly regret what happened would you like to apologize today for this.

This program that went so wrong that took the life.

Over the United States law enforcement agent.

I certainly regret what happened to agent Brian Terry.

-- I can only imagine the pain that his family has had to to deal with it is not fair however to assume that.

The mistakes that happen and fast and furious directly led to the death of -- agent Terry.

Well now there is a fund raiser in a couple of days that will help cover the family's legal costs.

Including costs associated with what's expected to be their own lawsuit civil lawsuit against the -- Are they expected to win that joining me now defense attorney mark -- harsh and former prosecutor and cohost of the five Kimberly Guilfoyle.

Aren't -- country being here so mark we start with you -- that Terry family has said.

For months now now it seems they're gearing up they have filed by December 12 if they wanna pursue a claim against the -- for this.

It seems that they are gearing up to file a wrongful death lawsuit.

Against our own government.

For putting essentially the guns in the hands of their son's murder -- they prevail on.

It's not going to be easy but they can't.

You know there is it's difficult to sue the government they'd all be bankrupt with all the mistakes that are made but -- -- Our precedent that they could -- to Wear it when the government creates an unreasonable risk of harm based on their actions that they can prevail.

And this case one would argue that putting guns serious weapons in the hands of bad people.

You're gonna expect to see bad things and that this action was not only regrettable but arguably preventable.

How much of a stretch is it Kimberly -- say that the federal government could or should have -- seen.

That allowing you know these guns to go to the hands of these Mexican drug cartels would wind up killing a Border Patrol agent.

You know look am I admire their tenacity in trying to go forward and pursue this kind of legal remedy because they are frustrated because they do not have answers.

-- there's one thing that this particular department of justice and Eric Holder is very good at they're quite -- At being able to be -- -- seven withholding information specifically freedom of information requests.

A lawsuit of this nature would allow the family to be able to use it as a vehicle to get answers to find some closure.

As to why exactly their son.

Died when Eric Holder is saying is going to be very difficult to suggested perhaps improper he's saying to suggest.

That is the direct and proximate cause of the government's putting the weapons in the hands of those a drug dealers and gun traffickers.

That's where they're gonna have a hard time in terms of recovering an actual monetary.

Why aren't why isn't that exactly right mark why isn't that exactly right that the Department of Justice however applaud you -- think this operation wise.

And you know it was it's -- it indisputable but it was flawed.

That of how could the government have for seen this specific result that this because a lot require specificity in terms of -- were the result.

That that this specific border originally it would killed by a gun.

That was part of operation that's -- If I'm representing the family the first thing I do as -- point to the number of whistle blowers who went to their supervisors on multiple occasions and said.

This program is going to kill people.

We've got testimony that already.

And -- the concept is we're going to put serious weapons into the hands of bad people with no tracking system in place.

I think it's not a vertical -- to suggest that these bad people are gonna use those guns to kill people.

-- -- -- when we come back wanna talk about how this relates to precedent we've seen when it comes to Sanctuary Cities.

And people suing them after these at their -- has got murdered.

-- -- -- Kimberly we have seen this happen before in the past where you have families remember that -- case out San Francisco lives and families of of somebody who's been killed by an illegal immigrant who was released -- at least currently Scott released.

They -- the Fed's or they -- this city managers saying this is a Sanctuary City.

You knew you put him back on the street and therefore you owe me money and they get dismissed time and time again how is this different.

Yet you picked degraded sample I -- in your family personally and I and all the individuals that they tried to blame port -- -- Cisco the mayor's office district attorney's office.

Four that the death there for release seeing who they knew to be unknown.

Killer person with a rap -- significant record so very specific there by letting that individual out and below and you family's loss.

You know -- the family members -- because of it.

About -- -- -- the course of how does that that the reason those cases are dismiss it because you have to prove.

That that the threat -- is so specific just directed to this individual and in other words in that case they were gonna have to prove that this particular illegal immigrant.

Targeting -- right you know this guy and it's impossible so how is it right there -- Why it's almost impossible to be able to prevail on these cases it's a great example -- -- the analogy between these type of cases we try and sue a city that has -- Sanctuary City.

And it tastes like this where you see an operation.

That is held by the government put forth in fact up for the fact that the government.

Can -- those those guns out there would agent Terry -- debt but for the city of San Francisco did not release that individual Robert.

Wood in but I I think it has a button for testing get to the proximate to prove it's the -- exactly is the very close in nexus between they would need to be -- mark it down at the point explaining the viewers why we have this why we give the -- the government such immunity and we protected even when it's clearly done wrong.

Cynthia I made it might my sarcastic responses because everyone the government and local municipalities that -- be bankrupt.

I mean -- weekly Paper up constantly -- -- all of us I mean and that's not to say the law enforcement makes any more mistakes than doctors and lawyers and bakers and and and -- But -- -- the mistakes would be.

Of such a significant nature.

That that -- we wouldn't have any money and the mistakes are made all the all the time I might -- falsely arrested people -- shot at a government shot pays a big settlement.

That means the taxpayer -- -- acts and does it mean yes slippery slope all right now thank you both so much -- can think.

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