FBI shooting revives legal issue
1992 Ruby Ridge standoff left question of immunity for agents unresolved

As prosecutors in Anne Arundel County prepare to ask a grand jury whether an FBI agent who mistakenly shot an unarmed man should be indicted, they face a confusing legal roadmap stemming from one of the most divisive events in recent FBI history - the deadly standoff at Ruby Ridge, Idaho.

A federal appeals court rejected claims that Special Agent Lon T. Horiuchi was immune from state prosecution because he was acting in his official capacity when he killed Vicki Weaver. But the ruling was rendered moot after a new Idaho prosecutor decided last year to throw out the case.

"For all the Sturm und Drang, which took place over almost a decade, very little came of it," former U.S. Solicitor General Seth P. Waxman said yesterday. Waxman argued against Horiuchi standing trial, and he maintains that resolving the issue for future cases is critical.

[red]"Subjecting federal officers to state criminal sanctions for acts that carry out their federally appointed duties would make it impossible for the federal government to function,"[/red] Waxman told law students at the University of Kansas this year.