RUBY RIDGE

There are NO statute of Limitations on MURDER!

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VIDEO: Ruby Ridge Documentary
49 min 33 sec - Apr 1, 2006

 

2 hour documentary Video:

The Atrocities at Ruby Ridge

P2 Ruby Ridge The Randy Weaver Story
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P3 Ruby Ridge The Randy Weaver Story
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P4 Ruby Ridge The Randy Weaver Story
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P5 Ruby Ridge The Randy Weaver Story
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P6 Ruby Ridge The Randy Weaver Story
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National Geographic:
The Final Report (Another B.S. Report)
Standoff at Ruby Ridge [N/A]
Tuesday, March 13, 2007,

AUDIO:
http://www.apfn.net/pogo/L001I070313RUBY-RIDGE.MP3

Officials at FBI probed, rewarded
By Jerry Seper, THE WASHINGTON TIMES
November 16, 2002

Senior FBI executives received cash bonuses and promotions while under investigation for suspected misconduct during an internal bureau review of the August 1992 standoff at Ruby Ridge, Idaho, that claimed three lives.

The Justice Department's Office of the Inspector General yesterday said in a report the bonuses and promotions went to former FBI Deputy Director Larry A. Potts, later demoted and suspended for improper oversight of the deadly siege; and E. Michael Kahoe, a senior FBI executive sentenced to prison for destroying a critical Ruby Ridge document.

Other cash awards and promotions, the report said, went to Danny O. Coulson, former deputy assistant director who worked for Mr. Potts; and three senior FBI executives, Charles Mathews, Robert E. Walsh and Van A. Harp, accused of not conducting proper after-the-fact investigations to determine what happened at Ruby Ridge.

"While a presumption of innocence is usually appropriate while a subject is under investigation, rewarding a subject who is later found to have committed misconduct can result in adverse consequences," the report said. "The FBI should be mindful of the message it sends to both the investigators in a particular case and the rest of the FBI when subjects of an investigation are promoted or receive bonuses or awards while under investigation.

"This is especially true where high-level officials are under investigation, because investigators may interpret the giving of an award as an indication that senior management has already judged the merits of the investigation," it said.

The inspector general's report is the result of an investigation to determine whether the FBI's system of discipline is unfair because senior bureau executives are treated more leniently than rank-and-file agents. Investigators used the Ruby Ridge incident as an example.

The report concluded there was insufficient evidence to prove a double-standard of discipline, in part, because of the low number of cases involving senior executives, but that the FBI "suffered and still suffers from a strong, and not unreasonable, perception among employees that a double standard exists."

In the Ruby Ridge case, Vicki Weaver was killed Aug. 22, 1992, by FBI sniper Lon Horiuchi. He was acting on shoot-on-sight orders, although it has never been determined who authorized a change in the bureau's rules of engagement that allowed the shooting. Her son, Samuel, 14, and Deputy U.S. Marshal William F. Degan, died in a separate shootout a day earlier.

Mrs. Weaver's husband, Randy, had been sought on weapons violations. He and a family friend, Kevin Harris, also were wounded. They were charged in Mr. Degan's death, but acquitted by an Idaho jury.

Mr. Potts and Mr. Coulson, who directed the siege from Washington, denied ordering changes in the bureau's deadly-force policy. But Eugene F. Glenn, who headed the Salt Lake City office and was the on-site commander at Ruby Ridge, and Richard Rogers, head of the FBI's hostage-rescue team, have disputed the claims of Mr. Potts and Mr. Coulson.

Among the FBI executives named in the report, only Mr. Kahoe was found guilty of any wrongdoing. Several were recommended for suspension or demotion, but only letters of censure were ever issued.

The inspector general's report said Mr. Potts was named acting deputy director in 1994, prior to the completion of an internal FBI investigation into government conduct during the Ruby Ridge siege. The report said despite Mr. Potts' receipt in January 1995 of a letter of censure in the Ruby Ridge matter, he was named deputy director in May 1995.

According to the report, Mr. Coulson was promoted to agent-in-charge in Baltimore in April 1993 while still a focus of the FBI's internal Ruby Ridge investigation. It said he was given a cash award of $5,590 in November 1993, although the investigation remained active.

Mr. Coulson was named to lead the FBI's Dallas office in September 1994, the report said, before recommendations regarding discipline in Ruby Ridge had been completed. He later received a letter of censure for his role in the standoff.

Mr. Walsh received a cash award of 5 percent of his salary while under investigation by the Justice Department's Office of Professional Responsibility (OPR) in the Ruby Ridge matter, the report said. It said he was named agent-in-charge of the FBI's San Francisco field office in December 1996 while he was the focus of a separate criminal probe of Ruby Ridge by U.S. Attorney Michael Stiles in Philadelphia.

According to the report, FBI Director Louis J. Freeh asked the OPR and Mr. Stiles about the promotion, and the OPR did not object, Mr. Stiles declined comment. The report said a memo to Attorney General Janet Reno requesting approval for Mr. Walsh's move to San Francisco did not mention the investigation.

Mr. Harp, now head of the Washington field office, was named agent-in-charge in Cleveland after OPR began an investigation into the inadequacy of his after-the-fact Ruby Ridge probe, the report said. It said a memo to Mr. Freeh presenting Mr. Harp's qualifications did not mention the ongoing probe, although the inspector general's report said Mr. Freeh was aware of the investigation and its scope.

In addition, the report said, Mr. Harp was given a cash bonus of $8,099 in November 1997 while under investigation in the Ruby Ridge matter and a $14,208 bonus in October 1998 while that inquiry continued and a separate probe began into his role in the receipt of travel reimbursements by FBI senior executives to attend a 1997 retirement party for Mr. Potts.

Mr. Walsh and Mr. Harp had been assigned to investigate accusations of misconduct by the government in the Ruby Ridge matter. The OPR later said they did not take sufficiently aggressive steps in the probe and avoided uncovering the full truth to protect Mr. Potts and Mr. Coulson.

The report said Mr. Mathews was promoted to the FBI's Senior Executive Service (SES) in July 1995 after the OPR had begun its investigation into accusations that a separate internal Ruby Ridge inquiry he headed was inadequate. It said Mr. Mathews, who served as a top assistant to Mr. Coulson in Portland, Ore., from 1988 to 1990, was promoted to agent-in-charge in New Orleans in June 1997 while the OPR investigation continued.

Mr. Mathews was assigned to find out what, if any, disciplinary action should be taken against FBI personnel involved in the Ruby Ridge incident. His report recommended discipline for several agents at the scene, but did not contain any recommendations for discipline for Mr. Potts or Mr. Coulson.

The inspector general's report said Mr. Kahoe got a cash award of $7,126 in November 1993 during the initial Ruby Ridge investigation and was named agent-in-charge in Jacksonville, Fla., in June 1994 while still under investigation. He pleaded guilty in October 1996 to obstruction of justice and was sentenced to 18 months in prison.

Mr. Kahoe destroyed a November 1992 after-action report that referred to "problems" in the FBI's conduct during the Weaver siege. The document had been sought by federal prosecutors in Idaho, but was never made available.

http://washingtontimes.com/national/20021116-28573828.htm
=====================================================================

 (This is an excerpt from a remarkable book by Gerry Spence called "From
 Freedom To Slavery, The Rebirth Of Tyranny In America.")


 First They Came For The Fascists....
                     by Gerry Spence

 Randy Weaver's wife was dead, shot through the head while she clutched her
 child to her breast. His son was shot, twice. First they shot the child's
 arm, probably destroyed the arm. The child cried out. Then, as the child
 was running they shot him in the back. Randy Weaver himself had been shot
 and wounded and Kevin Harris, a kid the Weavers had all but adopted was
 dying of a chest wound. The blood hadn't cooled on Ruby Hill before the
 national media announced that I had taken the defense of Randy Weaver. Then
 all hell broke loose. My sister wrote me decrying my defense of this
 "racist". There were letters to the editors in several papers that
 expressed their disappointment that I would lend my services to a person
 with Weaver's beliefs. And I received a letter from my close friend Alan
 Hirschfield, the former chairman of chief executive officer of Columbia
 Pictures and Twentieth Century Fox, Imploring me to withdraw.

 He Wrote:

 "After much thought I decided to write this letter to you. It represents a
 very profound concern on my part regarding your decision to represent Randy
 Weaver. While I applaud and fully understand your motives in taking such a
 case, I nonetheless find this individual defense troubling. It is so
 because of the respectability and credibility your involvement imparts to a
 cause which I find despicable.
 .(....remainder of letter deleted for brevity, but wanted Gerry to not 
 defend Weaver, as it would support the militant groups......)



 The next morning I delivered the following letter by carrier to Mr
 Hirschfield

 "I cherish your letter. It reminds me once again of our friendship, for
 only friends can speak and hear each other in matters so deeply a part of
 the soul. And your letter reminds me as well, as we must all be reminded,
 of the unspeakable pain every Jew has suffered from the horrors of the
 Holocaust. No better evidence of our friendship could be shown than your
 intense caring concerning what I do and what I stand for.

 I met Randy Weaver in jail on the evening of his surrender. His eyes had no
 light in them. He was unshaven and dirty. He was naked except for yellow
 plastic prison coveralls, and he was cold. His small feet were clad in
 rubber prison sandals. In the stark setting of the prison conference room
 he seemed diminutive and fragile. He had spent 11 days and nights in a
 standoff against the government and he had lost. His wife was dead. His son
 was dead. His friend was near death. Weaver himself had been wounded. He
 had lost his freedom. He had lost it all. And now he stood face to face
 with a stranger who towered over him and whose words were not words of
 comfort. When I spoke, you, Alan, were on my mind.

 "My name is Gerry Spence" I began. "I'm the lawyer you've been told about.
 Before we begin to talk I want you to understand that I do not share any of
 your political or religious beliefs. Many of my dearest friends are Jews.
 My daughter is married to a Jew. My sister is married to a black man. She
 has adopted a black child. I deplore what the Nazis stand for. If I defend
 you I will not defend your political beliefs or your religious beliefs, but
 your right as an American citizen to a fair trial." His quiet answer was,
 "That is all I ask." Then I motioned him to a red plastic chair and I took
 a similar one. And as the guards marched by and from time to time peered
 in, he told his story.

 Alan, you are a good and fair man. That I know. Were it otherwise we would
 not be such friends. Yet it is your pain I hear most clearly--exacerbated,
 I know, by the fact that your friend should represent your enemy. Yet what
 drew me to this case was my own pain. Let me tell you the facts.

 Randy Weaver's principal crime against the government had been his failure
 to appear in court on a charge of possessing illegal firearms. The first
 crime was not his. He had been entrapped--intentionally, systematically,
 patiently, purposefully entrapped--by a federal agent who solicited him to
 cut off, contrary to Federal law, the barrels of a couple of shotguns.
 Randy Weaver never owned an illegal weapon in his life. He was not engaged
 in the manufacture of illegal weapons. The idea of selling an illegal
 firearm had never entered his mind until the government agent suggested it
 and encouraged him to act illegally. The government knew he needed the
 money. He is as poor as an empty cupboard. He had three daughters, a son
 and a wife to support. He lived in a small house in the woods without
 electricity or running water. Although he is a small, frail man, with tiny,
 delicate hands who probably weighs no more than a hundred and twenty
 pounds, he made an honest living by chopping firewood and by seasonal work
 as a logger.

 This man is wrong, his beliefs are wrong. His relationship to mankind is
 wrong. He was perhaps legally wrong when he failed to appear and defend
 himself in court. But the first wrong was not his. Nor was the first wrong
 the government's. The first wrong was ours.

 In this country we embrace the myth that we are still a democracy when we
 know that we are not a democracy, that we are not free, that the government
 does not serve us but subjugates us. Although we give lip service to the
 notion of freedom, we know the government is no longer the servant of the
 people but, at last has become the people's master. We have stood by like
 timid sheep while the wolf killed, first the weak, then the strays, then
 those on the outer edges of the flock, until at last the entire flock
 belonged to the wolf. We did not care about the weak or about the strays.
 they were not a part of the flock. We did not care about those on the outer
 edges. They had chosen to be there. But as the wolf worked its way towards
 the center of the flock we discovered that we were now on the outer edges.
 Now we must look the wolf squarely in the eye. That we did not do so when
 the first of us was ripped and torn and eaten was the first wrong. It was
 our wrong.

 That none of us felt responsible for having lost our freedom has been a
 part of an insidious progression. In the beginning the attention of the
 flock was directed not to the marauding wolf but to our own deviant members
 within the flock. We rejoiced as the wolf destroyed them for they were our
 enemies. We were told that the weak lay under the rocks while we faced the
 blizzards to rustle our food, and we did not care when the wolf took them.
 We argued that they deserved it. When one of our flock faced the wolf alone
 it was always eaten. Each of us was afraid of the wolf, but as a flock we
 were not afraid. Indeed the wolf cleansed the herd by destroying the weak
 and dismembering the aberrant element within. As time went by, strangely,
 the herd felt more secure under the rule of the wolf. It believed that by
 belonging to this wolf it would remain safe from all the other wolves. But
 we were eaten just the same.

 No one knows better than children of the Holocaust how the lessons of
 history must never be forgotten. Yet Americans, whose battle cry was once,
 "Give me liberty or give me death", have sat placidly by as a new king was
 crowned. In America a new king was crowned by the shrug of our shoulders
 when our neighbors were wrongfully seized. A new king was crowned when we
 capitulated to a regime that is no longer sensitive to people, but to non
 people--to corporations, to money and to power. The new king was crowned
 when we turned our heads as the new king was crowned as we turned our heads
 as the poor and the forgotten and the damned were rendered mute and
 defenseless, not because they were evil but because, in the scheme of our
 lives, they seemed unimportant, not because they were essentially dangerous
 but because they were essentially powerless. The new king was crowned when
 we cheered the government on as it prosecuted the progeny of our ghettos
 and filled our prisons with black men whose first crime was that they were
 born in the ghettos. We cheered the new king on as it diluted our right to
 be secure in our homes against unlawful searches and to be secure in the
 courts against unlawful evidence. We cheered the new king on because we
 were told that our sacred rights were but "loopholes" but which our
 enemies: the murderers and rapists and thieves and drug dealers, escaped.
 We were told that those who fought for our rights, the lawyers, were worse
 than the thieves who stole from us in the night, that our juries were
 irresponsible and ignorant and ought not to be trusted. We watched with
 barely more than a mumble as the legal system that once protected us became
 populated with judges who were appointed by the new king. At last the new
 king was crowned when we forgot the lessons of history, that:when the
 rights of our enemies have been wrested from them, we have lost our own
 rights as well, for the same rights serve both citizen and criminal.

 When Randy Weaver failed to appear in court because he had lost his trust
 in the government we witnessed the fruit of our crime. The government
 indeed had no intent to protect his rights. The government had but one
 purpose, as it remains today, the disengagement of this citizen from
 society. Those who suffered and died in the Holocaust must have exquisitely
 understood such illicit motivations of power.

 I have said that I was attracted to the case out of my own pain. Let me
 tell you the facts: a crack team of trained government marksmen sneaked on
 to Randy Weaver's small isolated acreage on a reconnaissance mission
 preparatory to a contemplated arrest. They wore camouflage suits and were
 heavily armed. They gave Randy no warning of their coming. They came
 without a warrant. They never identified themselves.

 The Weavers owned 3 dogs, 2 small crossbred collie mutts and a yellow lab,
 a big pup a little over a year old whose most potent weapon was his tail
 with which he could beat a full grown man to death. The dog, Striker, was a
 close member of the Weaver family. Not only was he the companion of the
 children, but in winter he pulled the family sled to haul their water
 supply from the spring below. When the dogs discovered the intruders they
 raised a ruckus, and Randy his friend Kevin, and Randy's 14 year old son
 Sam, grabbed their guns and followed the dogs to investigate.

 When the government agents were confronted with the barking dog, they did
 what men who have been taught to kill do. They shot Striker. The boy,
 barely larger than a 10 year old child, heard the dog's yelp, saw the dog
 fall dead. and as a 14 year old might, he returned the fire. Then the
 government agents shot the child in the arm. He turned and ran. the arm
 flopping, and when he did, the officers, still unidentified as such, shot
 the child in the back and killed him.

 Kevin Harris witnessed the shooting of the dog. Then he saw Sam being shot
 as the boy turned and ran. To Kevin there was no alternative. He knew if he
 ran these intruders, whoever they were, would kill him as well. In defense
 of himself he raised his rifle and shot in the direction of the officer who
 had shot and killed the boy. Then while the agents were in disarray, Kevin
 retreated to the Weaver cabin.

 In the meantime Randy Weaver had been off in another direction and had only
 heard the shooting, the dog's yelp and the gunfire that followed. Randy
 hollered for his son and shot his shotgun into the air to attract the boy.

 "Come on home Sam, Come home."

 Over and over he called.

 Finally he heard the boy call back "I'm comin' Dad". Those were the last
 words he ever heard from his son.

 Later that same day, Randy, Kevin, and Vicki Weaver, Randy's wife went down
 to where the boy lay and carried his body back to an outbuilding near the
 cabin. There they removed the child's clothing and bathed his wounds and
 prepared the body. The next evening Weaver's oldest daughter, Sarah,
 sixteen, Kevin, and Randy went back to the shed to have a last look at Sam.
 When they did, government snipers opened fire. Randy was hit in the
 shoulder. The three turned and ran for the house where Vicki, with her 10
 month old baby in her arms stood holding the door open. As the 3 entered
 the house Vicki was shot and slowly fell to her knees, her head resting on
 the floor like one kneeling in prayer. Randy ran up and took the baby that
 she clutched, and then he lifted his wife's head. Half her face was blown
 away.

 Kevin was also hit. Huge areas of muscle in his arm were blown out, and his
 lung was punctured in several places. Randy and his 16 year old daughter
 stretched the dead mother on the floor of the cabin and covered he with a
 blanket where she remained for over 8 days as the siege progressed.

 By this time there were officers by the score, troops, armored personnel
 carriers, helicopters, radios, televisions, robots, and untold armaments
 surrounding the little house. I will not burden you with the misery and
 horror the family suffered in this stand-off. I will tell you that finally
 Bo Gritz, Randy's former commander in the special forces, came to help in
 the negotiations. Gritz told Randy that if he would surrender, Gritz would
 guarantee him a fair trial, and before the negotiations were ended, Randy
 came to the belief that I would represent him. Although Gritz had contacted
 me before I had spoke to Randy, I had only agreed to talk to Randy. But the
 accuracy of what was said between Gritz and me and what was hard by Randy
 somehow got lost in the horror, and Randy's belief that I would represent
 him if he surrendered was in part, his motivation for finally submitting to
 arrest.

 And so my friend Allan, you can now understand the pain I feel in this
 case. It is pain that comes from the realization that we have permitted a
 government to act in our name and in our behalf in a criminal fashion. It
 is the pain of watching the government as it now attempts to lie about its
 criminal complicity in this affair and to cover its crimes by charging
 Randy with crimes he did not commit, including murder. It is the pain of
 seeing an innocent woman with a child in her arms murdered and innocent
 children subjected to these atrocities. Indeed, as a human being I feel
 Randy's irrepressible pain and horror and grief.

 I also feel your pain, my friend. Yet I know that in the end, if you were
 the judge at the trial of Adolph Eichmann, you would have insisted that he
 not have ordinary council, but the best council. In the same way, if you
 were the judge in Randy's case, and you had a choice, I have no doubt that
 despite your own pain you might well have appointed me to defend him. In
 the end you must know that the Holocaust must never stand for part
 justice,or average justice but for the most noble of ideals--that even the
 enemies of the Jews themselves must receive the best justice the system can
 provide. If it were otherwise the meaning of the Holocaust would be
 accordingly besmirched.

 Alan, I agree with your arguments. They are proper and they are true. I
 agree that my defense of Randy Weaver may attach a legitimacy and dignity
 to his politics and religion. But it may, as well, stand for the
 proposition that there are those who don't condone this kind of criminal
 action by our government. I view the defense of Randy Waver's case as an
 opportunity to address a more vital issue, one that transcends a white
 separatist movement  or notions of the supremacy of one race over another,
 for the ultimate enemy of any people is not the angry hate groups that
 fester within, but a government itself that has lost its respect for the
 individual. The ultimate enemy of democracy is not the drug dealer or the
 crooked politician or the crazed skinhead. The ultimate enemy is the new
 king that has become so powerful it can murder its own citizens with
 impunity.
 To the same extent that Randy Weaver cannot find justice in this country,
 we too will be deprived of justice. At last, my defense of Randy Weaver is
 a defense of every Jew and every Gentile, for every black and every gay who
 loves freedom and deplores tyranny.

 Although I understand that it will be easy for my defense of Randy Weaver
 to be confused with an endorsement of the politics of the Aryan Nation, my
 challenge will be to demonstrate that we can still be a nation where the
 rights of the individual, despite his race, color, religion, remain
 supreme. If this be not so, then we are all lost. If this is not so, it is
 because we have forgotten the lessons of our histories--the history of the
 American Revolution as well as the history of the Holocaust.

 And so my friend Allan, If I were to withdraw from the defense of Randy
 Weaver as you request, I would be required to abandon my belief that this
 system has any remaining virtue. I would be more at fault than the federal
 government that has murdered these people, for I have not been trained to
 murder but to defend. I would be less of a man than my client who had the
 courage of his convictions. I would lose all respect for myself. I would be
 unable to any longer be your friend, for friendship must always have its
 foundation in respect. Therefore as my friend, I ask that you not require
 this of me. I ask instead for your prayers, your understanding and your
 continued love.

                                    As ever,

                                    Gerry Spence
                                    Jackson Hole, Wyoming



 "From Freedom To Slavery, The Rebirth Of Tyranny In America"
 by Gerry Spence
 $10.95
 St. Martin's Press
 175 Fifth Ave
 NY, NY, 10010 USA

http://www.wco.com/~altaf/fascist.html 

Charges dropped in Ruby Ridge case
http://www.apfn.org/apfn/charges.htm

Prosecutor declines to prosecute FBI sniper in Ruby Ridge case
http://www.apfn.org/apfn/ruby1.htm

horiuchi.gif (10864 bytes)

Lon Tomohisa Horiuchi

IDAHO v. HORIUCHI
http://caselaw.lp.findlaw.com/data2/circs/9th/9830149p.pdf

Friends: About time. Horiuchi should have been prosecuted before he went down to Waco to shoot women and children there.
Jim Hardin
The Freedom Page

http://www.freedompage.ws

Horiuchi Fired At Waco -- Cases Found
http://www.apfn.org/apfn/horiuchi.htm


Court: FBI Sharpshooter Can Be Tried
http://www.rense.com/general11/tried.htm


SAN FRANCISCO (AP) 05/05/01 -- A federal appeals court ruled Tuesday that an FBI
sharpshooter can be tried for manslaughter in the slaying of white
separatist Randy Weaver's wife during the 1992 Ruby Ridge standoff in
Idaho.

In a case testing whether federal agents are immune to state prosecution,
the 9th U.S. Circuit Court of Appeals cleared the way for Idaho prosecutors
to charge agent Lon T. Horiuchi in the death of Vicki Weaver, 42. The
federal government declined to prosecute the agent.

''When federal officers violate the Constitution, either through
malice or excessive zeal, they can be held accountable for violating
the state's criminal laws,'' Judge Alex Kozinski wrote in the ruling.

The court agreed with Boundary County, Idaho, attorney Ramsey Clark, a
former U.S. attorney general who argued in December that immunity
cannot be granted until there's a trial to determine whether Horiuchi
acted unlawfully.

''When federal law enforcement agents carry out their responsibilities,
they can cause destruction of property, loss of freedom, and as in this
case, loss of life -- all which might violate the state's criminal laws,''
Kozinski said.

There was no immediate comment from Clark.

The standoff in northern Idaho prompted a nationwide debate on the use
of force by federal agencies. Ruby Ridge, where the Weaver family lived,
has become synonymous with high-profile clashes, including the Branch
Davidian siege near Waco, Texas, the Freemen standoff and the Oklahoma
City bombing.

The standoff began after federal agents tried to arrest Randy Weaver
for failing to appear in court to face charges of selling two illegal
sawed-off shotguns.

The cabin had been under surveillance for several months when the violence
egan with the deaths of Deputy U.S. Marshal William Degan, Weaver's
14-year-old son, Samuel, and the Weaver family dog, Striker.

During the standoff, Horiuchi shot and killed Weaver's wife and wounded
family friend Kevin Harris. Witnesses said the sharpshooter fired as
Vicki Weaver held open the cabin door, her 10-month-old baby in her
arms, to let her husband, their daughter and Harris inside.

Horiuchi has said he didn't see Vicki Weaver when he fired at Harris,
who was armed and was ducking inside the cabin. He also said he fired
to protect a government helicopter overhead.

A wounded Harris later surrendered, as did Weaver. Both men were acquitted
of murder, conspiracy and other federal charges. Weaver was convicted
of failing to appear for trial on the firearms charge.

The Justice Department last summer settled the last 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 killings of Weaver's wife and son.

Court case, Idaho vs. Horiuchi, 98-30149:
http://www.ca9.uscourts.gov/

From the drawing made by Horiuchi during an interview with the FBI at a hotel, on hotel stationery, he draws in no closed curtains at all. In the lower right-hand corner of the window we see two partial heads

From Freedom to Slavery, by Gerry Spence

Written by Randy Weaver's defense attorney, the second chapter of the paperback edition is one of the best accounts of what happened at Ruby Ridge. With Gerry Spence's permission, it is reproduced here. http://www.ruby-ridge.com/gspence.htm

==================================================

Tuesday June 5 4:27 PM ET
Court: FBI Sharpshooter Can Be Tried

SAN FRANCISCO (AP) - A federal appeals court ruled
Tuesday that an FBI (news - web sites) sharpshooter
can be tried for manslaughter in the slaying of the
wife of white separatist Randy Weaver during the 1992
Ruby Ridge standoff in Idaho.

In a case testing whether federal agents are immune to
state prosecution, an 11-judge panel of the 9th U.S.
Circuit Court of Appeals (news - web sites) cleared
the way for Idaho prosecutors to charge agent Lon T.
Horiuchi for the death of Vicki Weaver.

The federal government declined to prosecute the agent.

The appeals court reversed a three-judge panel from
the same circuit, disagreeing with arguments that it
didn't matter whether Weaver's death was the result of
excessive force.

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                   Randy Weaver Family                           Christian Homeschoolers                        Last Days

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                                               Kevin (friend of Weavers)                                

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snitch.BMP (1228854 bytes)       

 

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Court weighs bid to try FBI agent:
Saturday, 23-Dec-00 14:03:50

    24.14.28.77 writes:

    Court weighs bid to try FBI agent: He
    killed separatist's wife at Ruby Ridge

    By Claire Cooper
    Bee Legal Affairs Writer
    (Published Dec. 21, 2000)

    SAN FRANCISCO -- An 11-member panel of federal circuit judges gave
    no indication Wednesday whether it will allow Idaho to prosecute an FBI
    sharpshooter who killed a woman during the 1992 Ruby Ridge standoff.

    As two of the nation's top legal talents presented sometimes emotional oral
    arguments, the judges of the 9th U.S. Circuit Court of Appeals struggled with
    concepts of official immunity and federal supremacy.

    Arguing on the side of Idaho officials, former U.S. Attorney General Ramsey
    Clark called FBI agent Lon T. Horiuchi's killing of Vicki Weaver a "summary
    execution," a classic case of excessive force by police that's well within the
    scope of the state courts to prosecute.

    Seth Waxman, the U.S. solicitor general, countered that the freedom of
    federal agents to act in crises is "a principle of surpassing importance." He
    argued, "State prosecution of federal officers is terribly chilling in all but
    extreme cases, and this is not one of them."

    The case grew out of the fatal shooting of Weaver, the wife of separatist
    leader Randy Weaver, as she stood holding her baby during the second week
    of a standoff at the couple's Idaho cabin. Federal agents were attempting to
    serve a weapons trafficking warrant. Horiuchi opened fire to keep the
    Weavers' friend, Kevin Harris, from taking cover in the cabin.

    Local prosecutors in Boundary County, Idaho, charged Horiuchi with
    involuntary manslaughter after the U.S. Department of Justice announced it
    would not prosecute him or his superiors.

    A judge in Idaho threw out the case. A three-judge panel of the 9th Circuit
    upheld that action last June, saying Horiuchi made "an objectively reasonable
    decision" to shoot. But the full 9th Circuit sent the case to an 11-judge panel
    for a fresh look.

    During Wednesday's arguments, only one judge, Andrew Kleinfeld of
    Fairbanks, Alaska, appeared firmly to take Idaho's side, saying Horiuchi
    should not be able to escape prosecution by claiming he was following orders.

    But even Judge Alex Kozinski of Pasadena, who dissented strongly from the
    ruling in June, was hard to read, challenging the lawyers on both sides.

    "It is troubling," he said, to let 50 states "trump" the authority of federal agents by applying their criminal laws.

    Judge Pamela Rymer, also of Pasadena, said Horiuchi could not be
    prosecuted if he had a "reasonable belief" that the shooting was necessary to
    protect federal officers who were in danger.

    Clark responded that the facts did not support any such belief, and much of
    the oral argument session was devoted to questions and answers about
    circumstances surrounding the shooting.

    There is no deadline for the court's decision.


(12/21/00)

Subj: Re: Appeals Panel Hears Ruby Ridge Case
Date: 12/21/00 2:35:54 PM US Mountain Standard Time
From: (David T. Hardy)
To: WacoTragedyNews@aol.com

This is extremely interesting, since the 9th Circuit almost NEVER grants a
rehearing en banc. There are 21 or so judges there, and they sit in panels
of three. The original ruling was 2-1 in favor of Horiuchi.
If you're disatisfied, you can ask for rehearing en banc (in theory
that means to ALL the judges, sitting as a huge panel, but in 9th Cir. it's
actually to a large 10 judge panel). The rules say that's granted only
where you have a split in authority inside the circuit.... this 3 judge
panel said X is not the law, but another 3 judge panel a year ago said X
was he law. Even at that, it's almost impossible to get. In Sheriff Mack's
appeal, we had four splits in authority--right down to this panel saying a
given past decision had not been good law since another case ten years ago,
but a different panel only the year before had said it was good law. And
the Ninth Circuit refused rehearing en banc!

I told Ramsey of a point I'd make: (1) there is no federal law against
a federal agent killing a civilian. None. There are federal laws against
civilians killing agents, but not the other way around. (2) under this
decision, there are no state laws against killing which can be applied to
agents. So (3) federal agents actually are licensed to kill, completely
above the law. If in the course of duty, a federal agent kills someone, he
cannot be prosecuted by anyone.

Which also means, I just discovered, that Congress rates our lives as
less than that of a federal dog. This last session, Congress passed a
statute imposing 1 year's imprisonment for assaulting a federal police dog,
and 10 years' imprisonment for seriously injuring or killing one.

David T. Hardy


Appeals Panel Hears Ruby Ridge Case
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=21092

Wednesday December 20 11:41 PM ET
Appeals Panel Hears Ruby Ridge Case  -

The FBI (news - web sites) 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 (news - web sites) 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 (news - web sites) 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.-

On the Net:9th Circuit Court of Appeals,case is
Idaho vs. Horiuchi, 98-30149: http://www.ca9.uscourts.gov

WINDS - Kevin Harris Charged with Murder - Double Jeopardy From Ruby Ridge?
http://www.apfn.org/apfn/ruby.html

017_16_1.jpg (51601 bytes)

 

Court: FBI Sharpshooter May Be Charged in Ruby Ridge Slaying

Tuesday, June 5, 2001,

SAN FRANCISCO  — A federal appeals court ruled Tuesday that an FBI sharpshooter can be tried by Idaho prosecutors for manslaughter in the slaying of white separatist Randy Weaver's wife during the 1992 Ruby Ridge standoff.

The ruling from a sharply divided 9th U.S. Circuit Court of Appeals revives a case mentioned in the same breath as Waco and cited by Timothy McVeigh as motivation for the Oklahoma City bombing.

It could also mean that FBI officials will be hauled into court to defend decisions made during the 11-day confrontation in northern Idaho. The agency is already stinging from recent gaffes in the bombing case and the recent indictment of agent Robert Hanssen on espionage charges.

The Ruby Ridge case is seen as a test of whether federal agents are immune from state prosecution. The federal government declined to prosecute agent Lon Horiuchi, but Tuesday's ruling clears the way for Idaho prosecutors to pursue charges against him in the death of Vicki Weaver, 42.

"When federal officers violate the Constitution, either through malice or excessive zeal, they can be held accountable for violating the state's criminal laws," Judge Alex Kozinski wrote in the 6-5 decision.

The court agreed with Idaho's contention that immunity cannot be granted until there is a hearing to determine whether Horiuchi acted unlawfully. If a judge rules Horiuchi broke the law, the case can go before a jury, the court ruled.

The panel rejected arguments that it didn't matter whether Weaver's death was the result of excessive force.

"When federal law enforcement agents carry out their responsibilities, they can cause destruction of property, loss of freedom, and as in this case, loss of life — all which might violate the state's criminal laws," Kozinski said.

Horiuchi's attorney, Adam Hoffinger, declined comment and a Justice Department spokesman wouldn't say whether the decision will be appealed.

Outgoing FBI Director Louis J. Freeh said he was disappointed with the ruling and said the agency stands behind Horiuchi.

"As so often happens in law enforcement, split-second life and death decisions must be made by those sworn to enforce the law," Freeh said. "We continue to believe strongly agent Horiuchi met the legal standard that protects law enforcement officers when they carry out their duties, even when the consequence in hindsight is regrettable."

Ramsey Clark, a former U.S. attorney general under President Johnson who argued the case for Boundary County, Idaho, called the ruling "courageous" and said it showed that law enforcement would be held accountable for violence.

Randy Weaver also praised the decision.

"We've said all along that federal agents should be held accountable for their actions just like the rest of us," Weaver said from his home in Jefferson, Iowa. "If the state can't bring charges, who will hold them responsible?

"We're happy with the decision," he said. "The American people should be happy with the decision. It's a good day for America and the justice system."

Stephen Yagman, who also represented Idaho in the case, said the decision was a significant victory for individual and states' rights.

"It puts another nail in the open coffin ... of the FBI," he said.

The standoff prompted a nationwide debate on the use of force by federal agencies.

It began after federal agents tried to arrest Randy Weaver for failing to appear in court to face charges of selling two illegal sawed-off shotguns. His cabin had been under surveillance for several months.

The violence began with the deaths of Deputy U.S. Marshal William Degan, Weaver's 14-year-old son, Samuel, and the Weaver family dog, Striker.

Horiuchi later shot and killed Weaver's wife and wounded family friend Kevin Harris. Witnesses said the sharpshooter fired as Vicki Weaver held open the cabin door, her 10-month-old baby in her arms, to let her husband, their daughter and Harris inside.

Horiuchi has said he didn't see Vicki Weaver when he fired at Harris, who was armed and was ducking inside the cabin. He also said he fired to protect a government helicopter overhead.

The appeals court appeared troubled with the case. Those in dissent said the majority was using hindsight in "dissecting the mistakes" of Horiuchi.

They called the majority's opinion a "grave disservice" to FBI agents and argued that Horiuchi, who is still an FBI agent, should be immune from prosecution.

"Every day in this country, federal agents place their lives in the line of fire to secure the liberties that we all hold dear," Judge Michael Daly Hawkins wrote for the minority. "There will be times when those agents make mistakes, sudden judgment calls that turn out to be horribly wrong.

"We seriously delude ourselves if we think we can serve the cause of liberty by throwing shackles on those agents and hauling them to the dock of a state criminal court when they make such mistakes."

The standoff ended after Harris and Weaver surrendered. Both men were acquitted of murder, conspiracy and other federal charges. Weaver was convicted of failing to appear for trial on the firearms charge.

In 1995, the government paid Weaver and his three surviving children $3.1 million for the killings of Weaver's wife and son.

The Justice Department last summer settled the last civil lawsuit stemming from the standoff. The government admitted no wrongdoing, but paid Harris $380,000 to drop his $10 million civil damage suit.

http://www.foxnews.com/story/0,2933,26459,00.html

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