This was
kind of an interesting trial here in Portland. The US Attorney seems
to have put his foot in the bucket one more time. First it was the
blanket acquittal of the Bundy Clan who occupied the Malheur National
Wildlife Refuge – which, of course, ended with the law enforcement
shooting death of Robert LaVoy Finicum. It was, undoubtedly, a
painful defeat for the U.S. Attorney's Office; and now Agent Astarita
walks.
In this
most recent trial, Special Agent Joseph Astarita (member of the FBI's
elite Hostage Rescue Team) was accused of firing two shots at
Finicum's car – one hit the roof of the car, one missed completely
– as Finicum's vehicle barrelled toward the police roadblock.
However,
Astarita has steadfastly denied firing the two rounds. Some said he
did. Others said he didn't. Astarita was tried for 'Making a False
Statement' and 'Obstruction of Justice.' The jury decided that
Astarita's guilt could not be proven beyond a reasonable doubt.
Therefore, the actual shooter of the mystery bullets officially
remains undetermined.
I happen
to agree, based on what I've read, with the jury's verdict. Am I
absolutely certain that Astarita is innocent? Well, I wouldn't go
that far.
As a
former FBI Agent, I'm asked (and I hate to use the phrase made famous
by Hillary Clinton – but here it is) 'what difference does it
make?' Neither of the mystery bullets injured anyone, so what's the
big deal?
Well,
this issue isn't over. Not by a long shot (no pun intended). A
'wrongful death' civil trial is pending. If in said civil trial, the
attorney representing the Finicum family could emphatically and
aggressively state that FBI Agent Astarita inflamed the situation by
firing first, they would be able to make a credible charge of
'contributory liability' on the part of the FBI.
As you
might imagine, the FBI would like to avoid this. Finicum was shot
and killed by an Oregon State Police Officer. The shooting has been
ruled 'justifiable.' However, that ruling only goes so far.
Therefore, the FBI would like very much to have a seat on the
periphery of any potential civil trial and avoid any significant
monetary damages awarded by a jury (not to mention public loss of
reputation and credibility). On the other hand, attorneys
representing the Finicum family will want to involve the FBI; and to
include their substantial 'deep pockets' in any settlement. That
said, it is extremely likely that after exhaustive negotiations, this
matter will not go to court. The FBI and others will 'pony up' and
the matter will be quietly closed.
Why did
the local United States Attorney and the Federal Bureau of
Investigation agree to the prosecution of Astarita? Both agencies
undoubtedly were aware that the case was weak. And as stated above,
no person was harmed by the mystery bullets. Were local Feds
pressured to proceed by the United States Attorney in D.C.? We'll
never know the answers to these questions.
Moreover,
does the public accept that justice was done? Or does the public
believe it was much ado about nothing, and that a lot of taxpayer
money was wasted?
Unfortunately,
if Astarita is in fact innocent, I fear his career in the Bureau is
over – one way or another. Why? Because both the FBI and the U.S.
Attorney firmly believed he was 'not innocent.' That feeling
will not go away anytime soon – or ever.
Post Script: I've written several posts relevant to Astarita and the Malheur National Wildlife Refuge Take Over, as well as the Bundys. You can find these posts by placing said names in the 'search box' on my blog's main page.
The following is one quick reference you might find of interest for background information: https://goo.gl/bKhKt9
Post Script: I've written several posts relevant to Astarita and the Malheur National Wildlife Refuge Take Over, as well as the Bundys. You can find these posts by placing said names in the 'search box' on my blog's main page.
The following is one quick reference you might find of interest for background information: https://goo.gl/bKhKt9
True
Nelson
