
Alida EgipciacoJackson Heights, NY, United States
12 Aug 2014
Brad Heath, USA TODAY 10:19 p.m. EDT July 20, 2014
STINGS RUN INTO A LEGAL BACKLASH
The ATF's stash-house investigations already face a legal backlash. Two federal judges in California ruled this year that agents violated the Constitution by setting people up for "fictitious crime" they wouldn't otherwise commit; a federal appeals court in Chicago is weighing whether an operation there amounted to entrapment. Even some of the judges who have signed off on the operations have expressed misgivings about them.
On top of that, defense lawyers in three states have charged that ATF is profiling minority suspects. They asked judges to force the Justice Department to turn over records they hope will prove those claims. Last year, the chief federal judge in Chicago, U.S. District Court Judge Ruben Castillo, agreed and ordered government lawyers to produce a trove of information, saying there was a "strong showing of potential bias."
Justice Department lawyers fought to block the disclosures. In one case in Chicago, the department refused to comply with another judge's order that it produce information about the stings. The records it has so far produced in other cases remain sealed.
Because of that secrecy, the data compiled by USA TODAY offer the broadest evidence yet that ATF's operations have overwhelmingly had minority suspects in their cross hairs. The newspaper identified a sample of 635 defendants arrested in stash-house stings during the past decade, and found 579, or 91%, were minorities.
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