GodDammit, some of these people need to be horsewhipped. In public. Then have salt thrown on their back.
He said the Special Agent in Charge, Jody Keeku, asked for a re-test and specified that the tests use "soft primered commercial ammunition."
"FTB has no standardized testing procedures, in fact it has no written procedures at all for testing firearms," Savage said. "They had no standard to stick to, and gleefully tried again. The results this time...'a machinegun.' ATF with a self-admitted 50 percent error rate pursued an indictment and Mr. Olofson was charged with 'Unlawful transfer of a machinegun.'. Not possession, not even Robert Kiernicki was charged with possession (who actually possessed the rifle), though the ATF paid Mr. Kiernicki 'an undisclosed amount of money' to testify against Mr. Olofson at trial," Savage said.
...
"Haanstad claimed the law does not exempt a malfunction. He claims that it states 'any weapon that shoots more than once without manual reloading, per function of the trigger is a machinegun.' To clarify when I was on the stand, I asked him, 'Are you saying if I take my Great Granddaddy's double barrel out and I pull one trigger and both barrels go off, it's a machinegun?' He went back to … 'any weapon that shoots…'" Savage said.
Lawyers and FBI and ATF agents. And we're supposed to TRUST these people? About ANYTHING?
Uncle, you ruined my whole morning when I read this.
Added: I believe a lawyer takes an oath to 'uphold the law' in any state, and I think someone in the Justice Department takes an oath to the same effect: therefore, any lawyer working for the government who acts to prevent a defense attorney from presenting information proving his client innocent of the charged crime should be disbarred. At the least. For a start.
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