Open letter to Arizona Attorney General Tom Horne: prosecute the ATF people responsible for Fast and Furious under state law
by Hugh Holub on Jul. 30, 2011, under atf, politicsTom Horne
Arizona Attorney General
Re: ATF Fast and Furious
Dear Mr. Horne
As you are aware, ATF ran a program called “Fast and Furious” out of their Phoenix office whereby the let assault rifles “walk” into the hands of the Mexican drug cartels and various border bandits.
Two of those ATF “walked” guns, which were sold by a Phoenix area gun shop with the knowledge of ATF, were found at the murder scene of Border Patrol agent Brian Terry.
While various investigations are on-going at the federal level, there appear to be important state law issues involved in this situation.
I specifically call your attention to Arizona Revised Statutes Title 13 Section 1201 “Endangerment”
13-1201. Endangerment; classification
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.
Evidence is mounting that field agents within the Phoenix office of ATF warned their superiors that the “walking” of guns could lead to the deaths of, among others, federal agents.
The warnings of these dedicated and honorable law enforcement officers were ignored by their superiors. The end result was Border Patrol agent Brian Terry died as a result of these “walked” guns.
Arguably senior officials in ATF are chargeable for endangerment under state law.
I would urge you and your staff to look into the record that has been developed so far by the US House Committee on Oversight and Government Reform and the sworn testimony by various ATF employees with an eye on what, if any, state criminal laws were violated in the course of the “Fast and Furious” project.
I am suggesting ARS 13-1201 as just one of what may be many examples of violation of state criminal laws by ATF officials.
There is a fundamental issue at stake here.
Sometimes the federal government operates as though it is not subject to any law, even at the federal level. At times it becomes obvious that in the pursuit of their mission, they disregard state law, placing their mission ahead of the public safety and well-being of the people within a state.
Just because they might be federal employees or even federal law enforcement officials, they do not have any kind of immunity for violations of the state criminal code.
I urge you to look closely at the conduct of ATF within Arizona, and investigate whether or not that conduct violated state criminal laws, And if you find the conduct of the ATF senior management did indeed violate state law, please hold those ATF officials accountable to the people of Arizona.
Thank you
Hugh Holub
Attorney at Law
P.O Box 4773
Tubac, Arizona 85646
July 31st, 2011 on 10:48 am
Can Arizona charge the feds responsible for trafficking illegally in guns? Yes we can! Yes we can!
July 31st, 2011 on 12:38 pm
I agree. These people must be held accountable for the murder and mayhem they have enabled. They are not above the law and holding public office, whether elected, appointed or hired, confers no immunity. It isn’t like the feds love Arizona now, so why not show other states how to bring the out-of-control feds to heel?
August 2nd, 2011 on 7:56 am
The AG dont have time to take care of something this seriuos. He’s busy keeping sick people from using Medical Marijuana. Hope he does a better job on this then he usually does for anything. (CARE)
August 2nd, 2011 on 6:55 pm
Eric” the Red Holder” must be fired.
Stripped of him of his law Lic, all Federal benefits and pension, and dumped South of the border. He doesn’t have an America bone in his body. He’s obstructed law, legal due process and shedded our Constitution to piece since day one.
GET RID OF THIS USELESS PIECE OF INHUMANITY.
Thank You ATT. Mr. Holub for your well penned letter. You have given me hope.
Carol, AZ
August 3rd, 2011 on 4:21 am
No, you can’t prosecute federal officers in the performance of their duties unless they act with malice. Not even gross negligence rises to the standard. Little thing called the Supremacy Clause to the US Constitution. Federal agents (like Lon Horiochi) use it to dismiss state charges from the federal bench on the grounds of immunity.
As an attorney, Holub should know this.
August 4th, 2011 on 9:13 am
And that is why charges of Treason, Nonfeasance,etc. should be filed against the Obama admin.. There are atleast a dozen cts. that would apply. To hell with going after them for chikensh– violations. These traitors need to be incarcerated at worst, hung at best.
August 4th, 2011 on 11:02 am
Endagerment my azz. The Obama admin. is guilty of TREASON. They are complicit in the murder of agt. Terry and maybe ICE agt. Zapata. Not to mention the slaughter of hundreds of innocent Mex. citizens. Combine this with Oper. s Castaway and State Gate, we have an admin. that is colluding with Mex. Cartels and various gangs for the violent overthrow of the Mex. Govt. as well as trying to subvert our 2nd amendment. We need to find someone in position to file charges and then to locate a “hanging judge”.