{"id":15411,"date":"2020-12-21T09:35:15","date_gmt":"2020-12-21T14:35:15","guid":{"rendered":"https:\/\/jimbovard.com\/blog\/?p=15411"},"modified":"2020-12-22T22:38:30","modified_gmt":"2020-12-23T03:38:30","slug":"fbi-newest-prerogative-shooting-subway-passengers","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2020\/12\/21\/fbi-newest-prerogative-shooting-subway-passengers\/","title":{"rendered":"FBI’s Newest Prerogative Shooting Subway Passengers"},"content":{"rendered":"

\"\"<\/a>American Institute for Economic Research, December 21, 2020<\/p>\n

FBI\u2019s Newest Prerogative: Shooting Subway Passengers<\/a><\/h1>\n

by James Bovard<\/p>\n

Was the torrent of media editorials and exposes denouncing police violence earlier this year all a sham?<\/p>\n

Thirty-six years ago, Bernie Goetz pulled a pistol<\/a> and shot four youths who were shaking him down on the New York subway. This was front-page news for weeks and spurred a deluge of anti-gun denunciations as well as condemnations of routine subway violence. Goetz was later acquitted by a jury on criminal assault and attempted murder charges.<\/p>\n

Last Tuesday, an FBI agent pulled out his gun and repeatedly shot a passenger on the Washington subway. At the bottom of B6 in Saturday\u2019s Washington Post<\/em> \u2013 buried past an article headlined, \u201cDespite the upcoming solstice, winter has already arrived\u201d is a short piece headlined: \u201cPolice:\u2018Verbal exchange\u2019 preceded Metro shooting<\/a>.\u201d There were zero news reports or disclosures for the two days after the shooting \u2013 except for a brief FBI note that there had been an \u201cofficer-involved shooting\u201d on the subway.<\/p>\n

What did the passenger say that provoked the shooting? It\u2019s a secret \u2013 at least for the time being.<\/p>\n

Did the FBI agent \u201cgo postal\u201d after being taunted about J. Edgar Hoover wearing dresses?<\/p>\n

Did the guy who was shot say \u201cBlack Lives Matter\u201d or, even more recklessly, \u201cAll Lives Matter?\u201d<\/p>\n

Did the FBI agent lose control because someone violated Metro rules by eating an Egg McMuffin on the train?<\/p>\n

Did the victim forget to say \u201cThank you for your service\u201d to the FBI agent?<\/p>\n

The Washington Post<\/em> blocked all comments on the article, an unusual step that occurs when readers are prone to expose the cravenness or servility of Post<\/em> articles that merely recycle government talking points on potentially explosive subjects.<\/p>\n

If someone had shot an FBI agent without provocation on the subway five days ago, we would already know all about the shooter\u2019s life \u2013 how many cat videos he liked on Twitter, how many crude jokes he told in high school, and whether he had any unpaid jaywalking tickets from 1997. If the person had any right-wing connections, the Southern Poverty Law Center might have heaved in a bucket of derision. If the person had any ties to radical leftists, Fox News might have hyped the case to expose the depravity of anyone who distrusts law enforcement.<\/p>\n

But instead, the shooter was an FBI agent \u2013 so we don\u2019t even know his name \u2013 or whether he has unjustifiably shot other people before, or been accused of excessive force in formal complaints. Instead, all we know is that the guy was a federal agent \u2013 and thus will benefit from all the immunities which politicians, judges, and FBI officials have heaped upon that class.<\/strong><\/p>\n

Two days earlier, a Post<\/em> piece groused that \u201cthe FBI would not<\/a> even answer questions about whether the person who was sent to the hospital was still alive.\u201d That article lamented, \u201cThe lack of information follows a pattern in the Washington area of different levels of disclosure for officer-involved shootings\u2026. When a federal agency is involved, transparency is often an afterthought\u201d when federal agents shoot private citizens.<\/p>\n

This is a scandal that began long before Trump arrived in the Oval Office. Five years ago, a Washington Post<\/em> analysis gingerly noted that \u201cdetails about shootings involving federal officers tend to be particularly closely held<\/a>.\u201d It took the Post<\/em> almost two months to simply learn the name of a man killed during a 2015 FBI pornography raid in Chester, Penn. Apparently the only thing that the public was entitled to know was that the FBI killed a bad person.<\/p>\n

The FBI almost always exonerates its own. The FBI initially claimed it was justified in killing Vicki Weaver at Ruby Ridge,<\/a> slain by a sniper 200 yards away as she held her baby in a cabin door. An FBI internal report ruled that every shooting by an FBI agent betweens 1993 and 2011 was justified, spurring a New York Times <\/em>headline: \u201cThe F.B.I. Deemed Agents Faultless<\/a> in 150 Shootings.\u201d The Justice Department exonerated an FBI agent who killed a Chechen man<\/a> he was questioning in Florida after the Boston Marathon bombing. The Times<\/em> noted \u201cconflicting accounts about basic facts like whether the Chechen man, Ibragim Todashev, attacked an agent with a knife, was unarmed or was brandishing a metal pole. But Orlando homicide detectives are not independently investigating what happened.\u201d An Orlando police spokesman told the Times<\/em>: \u201cWe had nothing to do with it\u2026 It\u2019s a federal matter, and we\u2019re deferring everything to the F.B.I.\u201d A year after the shooting, the Boston Globe<\/em> revealed that the FBI agent who killed Todashev had a stormy record as a policeman in Oakland, California, where he \u201ctook the Fifth at a police corruption trial and was the subject of two police brutality lawsuits<\/a> and four internal affairs investigations\u201d before retiring at age 31. The Council on American-Islamic Relations (CAIR-Florida) is continuing to pursue a court case against the federal government<\/a> over Todashev\u2019s killing.<\/p>\n

Similar privileges extend to other federal agents. After two U.S. Park Police killed an unarmed motorist in Fairfax County, Virginia in 2017, federal agencies blocked an investigation by local police and then the FBI took over and stonewalled<\/a> for two years, even refusing to disclose the names of the police who killed 25-year-old Bijan Ghaisar.\u00a0 As of mid-2020, the FBI was continuing to refuse to disclose hundreds of documents to Fairfax County prosecutors who were considering whether to file charges against the federal agents. The Justice Department announced that it would not file charges against the federal agents but Fairfax County indicted them for involuntary manslaughter<\/a> in October.<\/p>\n

This week\u2019s shooting occurred near the Medical Center subway stop (home of Walter Reed Army Medical Center) in affluent Montgomery County, Maryland. Montgomery County police are also investigating. These are the same wizards who are continuing to cover up the pre-dawn, no-knock raid which fatally shot 21-year-old Duncan Lemp as he lay in bed on March 12 (covered by my American Conservative<\/em> pieces here<\/a>, here<\/a>, here<\/a> and here<\/a>). Rene Sandler, the lawyer for the Lemp family, confirmed to me on Friday that Montgomery County has provided \u201cno information, no answers\u201d<\/a> to the grieving Lemp family.\u00a0 If Americans are going to learn the facts of the FBI subway shooting, it is unlikely to be thanks to any Montgomery County officials.<\/p>\n

The prerogatives of FBI agents epitomize how America is becoming a two-tiered society: those above the law and those below it; those whom the law fails to bind and those whom the law fails to protect.\u00a0 Sovereign immunity provides federal agents with the equivalent of legal bulletproof vests. As long as agents enjoy sweeping prerogatives for the use of deadly force, life will continue to be perilous for subway riders and damn near everybody else.<\/strong><\/p>\n

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James Bovard<\/a><\/h4>\n

\"James<\/p>\n

\n

James Bovard is the author of ten books, including Public Policy Hooligan, Attention Deficit Democracy, The Bush Betrayal, and Lost Rights: The Destruction of American Liberty. He has written for the New York Times, Wall Street Journal, Playboy, Washington Post, New Republic, Reader\u2019s Digest, and many other publications. He is a member of the USA Today Board of Contributors, a frequent contributor to The Hill, and a contributing editor for American Conservative<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

American Institute for Economic Research, December 21, 2020 FBI\u2019s Newest Prerogative: Shooting Subway Passengers by James Bovard Was the torrent of media editorials and exposes denouncing police violence earlier this year all a sham? Thirty-six years ago, Bernie Goetz pulled a pistol and shot four youths who were shaking him down on the New York […]<\/p>\n","protected":false},"author":1,"featured_media":15412,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[2581,349,2270,47,57,55,433,507,434],"class_list":["post-15411","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-bijan-ghaisar","tag-coverup","tag-duncan-lemp","tag-fbi","tag-police","tag-secrecy","tag-shooting","tag-subway","tag-washington"],"yoast_head":"\nFBI's Newest Prerogative Shooting Subway Passengers - James Bovard<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/jimbovard.com\/blog\/2020\/12\/21\/fbi-newest-prerogative-shooting-subway-passengers\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"FBI's Newest Prerogative Shooting Subway Passengers - James Bovard\" \/>\n<meta property=\"og:description\" content=\"American Institute for Economic Research, December 21, 2020 FBI\u2019s Newest Prerogative: Shooting Subway Passengers by James Bovard Was the torrent of media editorials and exposes denouncing police violence earlier this year all a sham? 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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. Bovard\u2019s writings have been publicly denounced by FBI director Louis Freeh, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Postmaster General, and the chiefs of the U.S. International Trade Commission, the Drug Enforcement Administration, the Equal Employment Opportunity Commission, and the Federal Emergency Management Agency, as well as by many congressmen and other malcontents.","sameAs":["http:\/\/www.jimbovard.com","https:\/\/www.facebook.com\/jim.bovard","https:\/\/x.com\/jimbovard"],"url":"https:\/\/jimbovard.com\/blog\/author\/admin\/"}]}},"_links":{"self":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/15411","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/comments?post=15411"}],"version-history":[{"count":3,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/15411\/revisions"}],"predecessor-version":[{"id":15416,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/15411\/revisions\/15416"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media\/15412"}],"wp:attachment":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media?parent=15411"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/categories?post=15411"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/tags?post=15411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}