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11182140_10153264313890797_3230872454242470401_nThe Associated Press has analyzed evidence from a May shootout in which nine members of motorcycle clubs were killed outside a Waco restaurant and concluded some were hit by police bullets, a Friday AP report reveals. “The AP reviewed more than 8,800 pages of evidence, including police reports, dash-cam video, photos and audio interviews related to the May 17 confrontation,” the report explains. “Four months later, authorities have released little information about what sparked the fight or how the gunfire played out, and no one has been charged with any of the deaths.” . . .

That goes directly to a concern raised in this column after it was revealed in August that autopsy reports were released without ballistics reports. Along with questionable activities by both the prosecutor and the judge in the case against the bikers, flags were raised because that testing had been assigned to the Bureau of Alcohol, Tobacco, Firearms and Explosives, and ATF had pledged the tests were “being given top priority over other cases.”

Because of that, this column approached Sen. Chuck Grassley of the Senate Judiciary Committee, and Rep. Jason Chaffetz, Chairman of the House Committee on Oversight and Government Reform, with a simple request that is well within their purview and authority, and which would not in any way interfere with the ongoing investigation:

“Ask ATF when Waco ballistics report will be released.”

That’s it – just let us know when it’s expected to be complete. Surely by now the lab folks must have a feel for what procedures must still be completed, and the experience to estimate how long that should take.

With that request sent via Facebook messaging, Grassley’s office responded to TTAG’s inquiry. Except initially, the response just contained platitudes that committed to nothing. Challenging being effectively dismissed with nothing of substance got the staffer’s attention and resulted in a pledge of sorts.

“We definitely appreciate you taking the time to contact Senator Grassley,” the staffer replied. “If you can give us your email or mailing address, the Senator will be able to send you a more detailed message regarding your comments. Thank you.”

That was two days ago, and the detailed email has not arrived yet. With this latest development, I replied with a link to the AP report and a message that “this makes the question by Sen. Grassley to ATF all the more appropriate and urgent.”

This column will continue to monitor developments and post the detailed Grassley reply upon receipt. Perhaps the senator responding to TTAG’s inquiry will receive wider media attention and prod ATF to estimate how much longer the public will have to wait for its report.

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  1. I suspect the timeline will be infinite, just like the “investigation” into Operation Fast & Furious — for which most of the evidence is still being withheld and no one being held accountable.

  2. The most useless phrase in the political lexicon is “Congressional investigation.”

    Maybe Congress should investigate Lois Lerner. Oh, wait . . . .

  3. Put Jack Danforth in charge of the cover-up, er, that would be investigation. He did such a bang up job on the last Waco massacre.

  4. The “AP report” is the second news article on the Waco shootout in the span of a week from Chicago liberal journalist Emily Schmall. Once again Schmall relies on misleading spin and propaganda she’s been fed by defense attorneys representing the biker thug defendants. The big “scoop” from Schmall in her latest story is the revelation that “gunfire included rounds fired by police that hit bikers”, is old news widely known from the start.

    The first sentence in Schmall’s story reads; “When two rival motorcycle gangs clashed outside a Texas restaurant, nine bikers ended up dead, their bodies sprawled on the pavement, surrounded by blood and shell casings”; which is quite telling and impossible for conspiracy theorist and propagandist to reconcile since the only way shell casings could’ve landed on the pavement surrounding the bodies was if the firearm ejecting the brass was at point blank or arms length distance when the shot was fired. Not even the most ridiculous and outlandish version of lies offered up in conspiracy theories and propaganda thus far has claimed the decedents were executed by police at point blank or arms length range.

    Another interesting revelation in Schmall’s story; “After the shooting stopped, a police officer asked everyone with a weapon to raise a hand.”, “Nearly everyone did, according to a police report.” she wrote. So now we know a substantial number of bikers at the scene of the crime were armed; another “scoop”.

    Schmall also reported; “The AP reviewed more than 8,800 pages of evidence related to the May 11 confrontation, including many police reports, and viewed dash-cam video and photos and listened to audio interviews. Together, the evidence offers the best insight yet into how the shootout unfolded.” That admission from Schmall confirms that the McLennan County DA and law enforcement has already complied fully through discovery and released the massive case file to defense attorneys representing the biker thug defendants so it’s glaringly obvious that a defense attorney is the source of the leak.

    The leak of case file information and evidence by the defense in violation of the Court’s gag demonstrates the desperation of the defense. The leak only confirms the need for a gag order in the first place and negates the chance for appellate court intervention to lift the gag order.

    Only gullible liberal journalists, conspiracy theorist, and police haters could ignore or deny the reality that forensic ballistic testing and analysis by the ATF Crime Lab of a massive amount of physical evidence recovered from the crime scene in one of the largest murder investigations in Texas history is a massive time consuming undertaking that shouldn’t and won’t be rushed or compromised.

    While Emily Schmall might be a gullible liberal, obviously she’s not stupid because her latest AP story is full of latent hints and tells that she’s walking back previous allegations and suggestions of a sinister conspiracy by Waco area officials and law enforcement. Apparently while perusing the voluminous 8,800 page case file leaked to her by the defense, Schmall experienced an epiphany that facts of what actually happened that fateful May day in Waco at the Twin Peaks might not have happened exactly like she was first led to believe or how she wanted to believe had occurred.

    I’m sure a good liberal like Ms. Schmall must have been shocked by the realization that defense attorneys would lie for their clients and biker thug defendants would lie to save their @$$.

  5. Concoction of detail adjustment must be continuing, concoction can be slow and lengthy, especially when facts begin to differ from the ‘good ol’ boys’ stated opinion.
    The answers may be facts from these questions:
    1. Were all expended cartridge cases on the scene collected?
    2. By whom?
    3. Have they been securely retained?
    4. Where were they located when collected?
    5. What calibers were they?
    6. How many?
    7. Do they match the wounds of the dead and wounded?
    The above would normally be designated as evidence.
    Lack of answers to those questions is normally known as incompetence.


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