Tue May 05, 2015 12:51 pm
A Houston-based federal judge ruled that the U.S. Drug Enforcement Administration does not owe the owner of a small Texas trucking company anything, not even the cost of repairing the bullet holes to a tractor-trailer truck that the agency used without his permission for a wild 2011 drug cartel sting that resulted in the execution-style murder of the truck’s driver, who was secretly working as a government informant.
The DEA says it doesn't owe Patty anything for the more than $100,000 in repairs that were required for the truck, and disclaim any responsibility for the death of Patty's employee. Also, they won't do anything about the fact that they led the Zetas to believe that Patty was a rival drug-runner.
A federal judge in Texas dismissed Patty's lawsuit against the DEA, because when the DEA is undertaking a "clandestine" operation, it can operate with total legal impunity.
Tue May 05, 2015 1:04 pm
Orchestrating a covert controlled drug delivery using a vehicle and driver unconnected to any law enforcement organization to obtain evidence against a suspected drug cartel smuggling operation to prosecute those responsible fits within and furthers these policy goals. Deciding to carry out the operation without giving the vehicle owner advance notice and obtaining his consent is consistent with maintaining the covert nature of the operation and therefore with the policy goals.
Patty argues that Villasana’s testimony shows that he did not make a conscious decision whether to get Patty’s permission to use the truck, and therefore did not consider public-policy interests. But “the proper inquiry under prong two is not whether [the government actor] in fact engaged in a policy analysis when reaching his decision but instead whether his decision was ‘susceptible to policy analysis.’” Spotts v. United States, 613 F.3d 559, 572 (5th Cir. 2010) (quoting Gaubert, 499 U.S. at 325). Courts have consistently held that covert law-enforcement operations like the one at issue here are susceptible to policy analysis and covered by the discretionary function exception.
Tue May 05, 2015 1:32 pm
Tue May 05, 2015 1:40 pm
cycle61 wrote:And now, if the guy starts making threats or really does anything about the .gov fucking up his rig or getting his driver killed, he gets classified as a domestic terrorist. Yay America!
Tue May 05, 2015 2:39 pm
The FBI, DEA, DOJ, ATF (and a couple others IIRC) have been using less-than-legal means to 'determine' crimes then using parallel reconstruction to fabricate court proceedings.
The FBI forensics lab has been revealed to be a sham.
The ATF has been running guns.
The FBI has been providing training and materials to potential terrorists.
The DEA has been running drugs.
The IRS has been conducting audits of political opponents..
The DOJ has been inciting race riots.
Tue May 05, 2015 2:41 pm
TechnoWeenie wrote:The FBI, DEA, DOJ, ATF (and a couple others IIRC) have been using less-than-legal means to 'determine' crimes then using parallel reconstruction to fabricate court proceedings.
The FBI forensics lab has been revealed to be a sham.
The ATF has been running guns.
The FBI has been providing training and materials to potential terrorists.
The DEA has been running drugs.
The IRS has been conducting audits of political opponents..
The DOJ has been inciting race riots.
Tue May 05, 2015 3:24 pm
Thu May 07, 2015 9:17 am