The 9th circuit has ruled. Shooter Lon can be tried, and then his actions examined for lawfulness. No blanket immunity on the west coast for government killings.

Too bad the entire FBI and Justice chain of command isn't going to be there with him to face the charges.

Guilty or not, the powers that be need a scapegoat. Might as well be the trigger man. Watch as the HRT gets hung out to dry, which is OK by me, but I'd like to see all the guilty parties see judgement.

The decision is not on Lexis yet, but here is a link to the Ninth circuit web site in PDF form.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D03ABDFF7277C99F88256A610081EA0E/$file/9830149.pdf?openelement

This is a great decision. They really pointed out a lot of the crap that the government tried to come off with. I just read it, and it says a lot of what the tin foil hat crowd has been saying for years.

The Case has been remanded to Federal District Court with an order to reinstate the criminal charges. The Court may (I think it is used in the permissive sense) hold an evidence hearing to decide if Lon has immunity. If they find he doesn't, or don't have a hearing, he is going to state trial.

How 'bout we let Randy Weaver be the firing squad...

Bradd

This is good news for States rights enthusiasts.  I guess the scope of fedral powers does have limits.  This ruling is bound to be appealed.