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FBI Privilege Keeps Defendant Out Of Jail

The FBI was informed of these findings in February 2016.

FBI Privilege Keeps Defendant Out Of Jail

FBI Privilege Keeps Defendant Out Of Jail

by Shari Dovale

FBI Supervisory Special Agent W. Joseph Astarita is facing 5 charges for his actions during the incident that resulted in the death of Robert “LaVoy” Finicum on January 26, 2016.

Charges include obstruction of justice and giving false statements to investigators. Astarita is alleged to have fired two shots towards LaVoy and his vehicle, then lying about making these shots, as well as disposing of the shell casings.

It is reported that a conviction for making false statements could bring up to five years in prison; a conviction for obstruction of justice could bring up to a 20-year sentence.

In my humble opinion, this is a classic case of a fall-guy for the FBI. The difference will be seen in how rigorous the government prosecutes this case. Will this be an easy in-and-out for the defendant? Is he even worried?

Yes, I am sure that this man probably fired the two rounds at the truck. I believe that he shot the truck exactly where he intended. I do not believe that he “missed” his target.

The officers from Oregon State Police (OSP) fired the fatal shots into Finicum’s back. They were cleared of wrongdoing during this investigation, and the shots were determined to be “justified”. Let’s take just another quick peek at this.

The OSP officers were prepared for any reaction they may have received from the protesters. They were told that the protesters were “armed & dangerous”. Their weapons were out, aimed, and ready to fire.

The FBI Special Agent then allegedly fired his weapon twice, towards Finicum and his vehicle, missing on the second shot and hitting the top of the truck. This was made public when the video from passenger Shawna Cox was made available.

He missed on “the second shot”? What happened to the first shot? Did he miss twice? Or did he actually accomplish what he set out to do?

I believe that the two shots fired were, by design, intended to escalate the situation. When LaVoy exited the truck he had his hands in the air and was not holding a weapon. The situation was not out of control. There was no need to fire at him.

However, when FBI Special Agent Astarita fired his weapon, the shots went into the roof of the truck, exiting out of the rear window. It would have been a normal belief on the part of the OSP officers to think that the protesters were firing at them from the vehicle.

The agent was firing in the direction of the OSP officers. Was this to incite the OSP officers to fire at Finicum and the other protesters?

The public has been led to believe that this has been an active investigation for a year and a half. However, Deschutes County Sheriff Shane Nelson and his investigators traveled to FBI headquarters over a year ago. They briefed the FBI’s then-Deputy Director Andrew McCabe, now acting director, about their findings and the FBI’s potential criminal liability in February 2016.

The FBI has been sitting on this information for nearly a year and a half!

The sheriff revealed that FBI leaders, after being told of his department’s findings, didn’t put the agent or four of his colleagues on leave. Actually, according to FBI headquarters, Astarita remains employed in an administrative capacity.

Finally, just this month, he was indicted by the Grand Jury. He made a court appearance this week with a Public Defender by his side and entered a plea of not guilty in a two-minute arraignment before U.S. Magistrate Judge Janice M. Stewart in federal court in Portland.

He was not held. He was not required to post bond. He was not given any specific instructions as to his behavior, travel, etc. As a matter of fact, US Attorney Billy Williams stressed that this man was to be treated as innocent until proven guilty. He was released on his own recognizance pending his trial scheduled for August 29th.

We can find no mugshot to indicate that he was even processed through the system.

He is being treated with the utmost courtesy and respect. He was not subjected to the invasiveness of the booking process. He was placed on administrative leave by the government. He gets to keep his job and stay out of jail.

He has not been charged with shooting at Finicum. He has only been charged with lying about shooting towards Finicum.

What about the four other agents that are “suspected” of helping him cover up this crime? They were seen on the video, huddled, and picking up objects from the ground. Will they be held accountable for their actions?

No one has been charged with destroying the shell casings.

No one has been charged with the death of LaVoy Finicum.

No one has been charged with escalating the situation to cause the death of LaVoy Finicum.

The non-violent protesters from the Malheur Refuge were held without bail for over a year. They were accused of being flight risks. They were shackled and treated poorly at every opportunity. They were not treated with the respect that this government employee enjoys.

And these issues are not being addressed by the FBI or US Attorney Billy Williams. The government has, again, set up the class system to give themselves special privilege.

BLM land grab
Photo Credit: Mark Graves | The Oregonian/OregonLive

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10 Comments on FBI Privilege Keeps Defendant Out Of Jail

  1. This entire event was wrong from the beginning with the BLM and the Obama administration FBI and their desire to get even for the Bundy Ranch stand off. The blatant violation of the 5th amendment by a federal judge making a rancher serve a second time after an unfair sentence was the catalyst that started the standoff in Oregon. This was a federal hit job and this needs to be prosecuted by citizens. Any favor of federal murderers will be taken into account by fellow citizens. I hope I can say it is a good thing the DOJ is Jeff Sessions. T hope indeed the DOJ is observing and I hope he has been apprised of the criminal acts of the federal government from the start. I have stated several times on a radio show we need to have Nuremberg type trials of the Obama administration and his criminal federal courts.

  2. Lon Horiuchi who murdered Vicki Weaver, never paid for his crime and is an indication of what is in store for Astarita:

    In 1997, Boundary County, Idaho Prosecutor Denise Woodbury, with the help of special prosecutor Stephen Yagman, charged Horiuchi in state court with involuntary manslaughter over his killing of Vicki Weaver. The U.S. Attorney filed a notice of removal of the case to federal court, which automatically took effect under the statute for removal jurisdiction[7] where the case was dismissed by U.S. District Judge Edward Lodge on May 14, 1998, who cited the supremacy clause of the Constitution which grants immunity to federal officers acting in the scope of their employment.[2]
    The decision to dismiss the charges was reversed by an en banc panel of the Ninth Circuit, which held that enough uncertainty about the facts of the case existed for Horiuchi to stand trial on state manslaughter charges.[2] Ultimately, the then-sitting Boundary County prosecutor, Brett Benson, who had defeated Woodbury in the 2000 election, decided to drop the charges because he felt it was unlikely the state could prove the case and too much time had passed. Yagman, the special prosecutor, responded that he “could not disagree more with this decision than I do.”[8]
    The Ninth Circuit granted Boundary County’s motion to dismiss the case against Horiuchi on September 14, 2001.

    • “U.S. District Judge Edward Lodge on May 14, 1998, who cited the supremacy clause of the Constitution which grants immunity to federal officers acting in the scope of their employment.”

      US Constitution, Article 6: “…
      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
      The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bond by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

      The roadblocks were not Lawful, the conspiracy of those who served within our governments – state and federal – that day were not Lawful; the actions that those who gave the orders, and the actions of those who implemented the orders were at best *terroristic, not constitutional in their nature and actions. So there is NO LAWFUL immunity “granted”, not the supremacy clause gives any within its wording. What we have at best is domestic enemies of the USA and the American people, and quite more likely traitors to the USA and the American people. The Supremacy Clause does not grant any immunities, it declares that ONLY decisions and actions taken, created, etc those who SERVE WITHIN our governments are supreme over state Laws, etc WHEN they are in Pursuance of the US Constitution, which this clearly was NOT.

      The judge did not use the constitutionally required “good Behaviour”, certainly did not keep the Oath which is a felony and Perjury; and his opinion was against the legitimate government of this nation, the US Constitution and each state’s Constitution.

      Too many traitors and domestic enemies of the USA, the American people are getting by with actions because we do not hold accountable the people who serve within OUR governments as we are constitutionally required to do. Remember the Preamble to the US Constitution, to state Constitutions? It starts with “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

  3. Another question would be, why did Astarita lie about these shots ? This is not to say that FBI agents don’t lie constantly, they do, but in this case, Astarita’s superiors may have wanted him to stay mum about it,and encouraged him to lie. In past years,the FBI coverup of such derilections has usually been successful, but these are not past years. Did it ever occur to Astarita or the rest of his hit squad that Shawna would be recording everything ? This is the ultimate “Film the Police” episode. The two shots by Astarita are plainly audable as Lavoy exits his truck, and the FBI has been whistling past the graveyard all this time, hoping, somehow, that they would not be noticed…..Sorry FBI….

  4. AMEN! I also believe the manner in which it was done – was to provoke the Patriots to give LEO more “evidence”… this corrupt system… they didn’t process him, because he’s gonna walk, they will see to that.. and I will be in that courtroom at least one day, before his “trial” is over, if I have my way.

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