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Trace Data Amendment Rejected

924 views 9 replies 9 participants last post by  Fargo 
#1 ·
On Thursday, the Senate Appropriations Committee rejected an amendment to a spending bill (HR 5672) by anti-gun Sen. Dianne Feinstein (D-Calif.) that would have granted mayors like New York City's Michael Bloomberg access to ATF trace data. The best argument for limiting the data to law enforcement:

Bloomberg's recent ill-advised use of data to conduct so-called "stings" of out-of-state dealers to create evidence for a civil lawsuit.

Bloomberg's publicity stunt interfered with as many as 18 ongoing criminal investigations, possibly imperiling the lives of law enforcement officers, witnesses and law-abiding dealers.
 
#5 ·
No bud , sadly they cannot , he has " limited immunity " for his stunt since no one can really show ( imho ) that he did not set the whole thing up in " good faith " trying to limit the illegal guns in NYC . Its another case where the good faith exception works against common sense . Also i should say that the " good faith exception " for Gvt officals is not only a good idea , but necessairy . Blumburg just uses it tho for his own ends .
 
#9 ·
******* Repairs said:
No bud , sadly they cannot , he has " limited immunity " for his stunt since no one can really show ( imho ) that he did not set the whole thing up in " good faith " trying to limit the illegal guns in NYC . Its another case where the good faith exception works against common sense . Also i should say that the " good faith exception " for Gvt officals is not only a good idea , but necessairy . Blumburg just uses it tho for his own ends .
If he were doing this in good faith, why didn't he use cops instead of private investigators?? There are limits to the good faith doctrine, and I believe a case could well be made for him exceeding it. Crossing state lines, hiring non-LEO's for sting operations, committing multiple federal and state felonies, not reporting the information to the ATF before the press conference, all point to a lack of good faith.

Not that I think anything will ever be done to him, but still.
 
#10 ·
Hmmmmmmm.....

I'm not so sure that Bloomberg has immunity. Immunity generally only applies against claims by private parties. I don't think that local officials have immunity from federal prosecution, (although Federal officers do have some immunity from state prosecution, think Lon Horiuchi.). The question really is whether there is a federal statute which he broke, and I would guess that there is. The problem is that the feds probably won't prosecute as the chances of getting a conviction probably aren't that great and it would be expensive beyond belief.

All the best,


Joe
 
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