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Justice Department unseals indictment charging five in Border Patrol agent Brian Terry's death, but timing appears questionable
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Now -- murder indictment unsealed charges for the murder of Border Patrol agent Brian Terry.
The agent's death setting off a firestorm in Washington because a gun found that the murder scene came from the ATF's botched -- gun walking operation.
After congressional hearing into a claim of executive privilege and the first contempt citation for a -- -- cabinet member.
Still no peace for the murdered agent's family but now.
A surprise that justice to aren't I'm CEOs in indictment and it charges five people -- there and agent Terry's death.
And offers a one million dollar reward for information.
Concentrate -- -- the oversight committee he joins us thanks see you sir good to see tooth and I should add that this is a federal prosecution you are former -- nicest turn yourself just.
-- -- -- Why why do you think this is unveiled now -- the first question fairly indictment came down in November and also is what's called a superseding indictment what what's your thought -- -- Vegas is twice superseding indictment.
It could be something as innocuous says fixing a grammatical error or adding that could account and usually indictments are sealed if you want to.
Allow law enforcement an opportunity to apprehend the persons who were indicted without them knowing that your coming.
Also sometimes you -- indictments to protect informants and -- -- was reading that indictment this afternoon.
Is struggling and I don't have any onus back this up and as a former prosecutor reading it is strikes me that.
So we'll all be charged a defend this may -- be cooperating with -- with the prosecutors.
And sent a credit according to how -- this summer on the run before we go on right in Mexico.
And I send it -- the at least a media offensive.
False assumption but I assume that Mexico is aggressively looking for them as well I think the one million dollar fine by the bureau won't help also I did you know this is coming down because he's been awful lot of action on Capitol Hill holding.
The attorney general in contempt of court to our contempt of congress rather because it it -- of the -- of congress' is that he is withholding documents he should surrender.
I did not know what was coming down with the nature of sealed indictments is such that I should not have known it was coming down or not I read some accounts today that -- Of my colleagues and some other attorneys I think the timing is curious.
I have no reason to suspect this is unsealing of the indictment was calculated to.
Draw attention away from the attorney general and -- I think the US attorney in southern district of California to such as prosecuting the case.
Is entitled to a presumption of good faith until it is suggested or proven all the -- and I don't have any reason to suspect the timing.
So bottom line everything about this superseding indictment is seen as perfectly normal and nothing unusual on its face TO with a tiny.
Who has brain at that content there's nothing peculiar about it.
Well me -- -- thing this most unusual what is the timing because the the indictment was -- build or delivered the last fall.
And here it is eight months later listing on -- old.
But the explanation that we're looking for the suspects and that we gave it a good -- -- effort and there's no reason to keep it secret anymore.
On the I have no reason to cross examine or to dispute that explanation.
An -- you know -- maybe a biased -- prosecutors but I'm inclined to -- -- career prosecutors the benefit of the doubt when they're handling their case.
-- and sealing and what it would not a reasonable explanation for the instantly announced that there unsuspecting unsuccessful getting in them by keeping it secret and now there they have to go public with the reward and that's an effort to get them so that it's just it's just a different strategy to try to to catch up when the the people that once were indicted.
-- per usual you are correct.
I would also add this it may well be that they tried various schemes to -- these four into the United States.
In an undercover capacity.
And those are schemes were unsuccessful so after eight months.
Announced to everyone diesel four people were looking for if you help -- -- and you get a million dollars.
Does this change your view or would you -- different vote on the contempt of the attorney John because the attorney general as the boss of this US attorney I -- was well aware of this indictment all along.
Not one -- for this reason he was not held in contempt of congress.
For his actions with respect -- -- and -- He was held in contempt of congress because he refuses to turn over documents not related to this case but related to a February 4 letter.
Demonstrably false letter and if anything Greta.
There was a memo that came out last week the -- Grassley made public.
That makes me even more convinced we did the right thing by sanctioning the attorney general it's -- Proven beyond any doubt.
Higher level DOJ officials knew that there were problems we've -- walking before they sent that letter.
So this has nothing to do -- sending a false letter to congress -- I'm happy.
That they are making progress especially Brian Terry's family.
It is there one step closer to holding a whole of these defendants accountable and for that all of us in the criminal justice system.
For all of us as Americans should be grateful and has nothing to do with the fact the attorney -- not turn over -- Do you have an update of when you expect that congress will take that civil contempt and go to US district court and -- some enforcement -- seek enforcement.
How will -- mr.
later tomorrow's not promised -- -- -- It will be -- my house counsel not oversight or judiciary.
We got back today is that some.
Is this as someone who is I'm staff for the house representatives the reason I ask is say you know I -- suspicious when.
But people outsource the law firms again -- -- Dubai billable logic gonna get hours because this is taking at least in my view could've been done past you would think.
-- there's -- I was being paid billable hours for the amount of top no it is still an in house by.
-- staff members who are paid anymore whether they do to moral whether they do -- a year from tomorrow.
I get my suspicion is the cause the only precedent is Terry Larson Josh Bolten.
There was -- the oracle.
The GOP is.
Is on the verge committing some legal malpractice -- theory of the case we don't want to draft the pleadings incorrectly and give bounce out of court -- will be humiliating.
At a minimum so if it takes another week to get it right.
And I know what you're thinking and -- -- weeks as I ask you last time.
And you're right how would just -- your question has already been a week I would ask you could later tomorrow and I'll -- encourage him to do it this quickly as weekends.
-- guarantee that the process is correct -- sykora hasn't Sarah yes ma'am thank you.
