Double standard, my foot
Cam Edwards says Bloomberg has a double standard:
More than three months after Mayor Bloomberg’s announcement that he had sent private investigators into five states to catch gun dealers making illegal sales, he is refusing to turn over the evidence they’ve gathered to the federal agency that investigates illegal guns.
Analysts said the impasse may have slowed the federal Bureau of Alcohol, Tobacco, and Firearms in its investigation of and possible action against gun dealers that broke the law.
The city won’t turn over the evidence, which includes videotapes of gun dealers allowing so-called straw purchases of guns, until the ATF signs an evidence-sharing agreement that would prohibit the agency from “publicly disclosing evidence without notice and consent from the city,” the mayor’s criminal justice coordinator, John Feinblatt, said.
First, the only evidence I’ve seen indicating anyone broke the law was that Bloomberg’s investigators lied on ATF Form 4473, which is a felony. As such, I don’t think it’s a double standard. I think it’s damage control. As mentioned before:
ATF has said they will be investigating every aspect of these “sting” sales (and there were ATF people present who repeated that). This may be bad news for the city, since IF the sales were illegal straw sales, their investigators committed felonies.
One gun was traced TWICE in NYC. The first time was for a crime, so it would have to have been confiscated. Only explanation for how it would later be on the street is that someone in NYC PD is selling seized guns on the street.
My guess is the opposition comes from some potentially embarrassing disclosures, such as the disappearing gun and the fact his agents may have committed a crime.
Of course, I’m willing to bet that if the ATF does conduct an investigation into this, it will be a total sham and nothing will happen.
August 28th, 2006 at 1:24 pm
Bloomberg’s PIs are safe … the SCOTUS has already ruled that 4473 info cannot be used as evidence in a prosecution.
If you are required by law to fill it out truthfully ( on pain of jail time ), then it becomes an automatic fifth amendment violation … the information on the form becomes immunity-privileged testimony.
August 28th, 2006 at 2:13 pm
I would think that would cover something like confessing to a crime on the form. But the immunity doesn’t extend to lying on the form, does it? So if you told the truth on the form, the truth couldn’t be used against you, but lying on the form could be punished as a separate offense, right?
August 28th, 2006 at 2:37 pm
Kristopher,
Does that by any chance extend to my 1040 form too? 😛
August 29th, 2006 at 11:07 pm
I personally don’t think the ATF will allow other cities to barge in on their turf. Right now it is NYC, but the Boston Globe loves the idea so much they just keep running stories about the litigation like they want Boston to start doing it.
No way the ATF will let other cities run wild doing their job. I think Bloomberg will get a mild slap on the wrist. Then come up with a policy to treat any future events much more harshly.