Two US senators from Arkansas, Sens. Tom Cotton and John Boozman, are seeking answers from the Justice Department regarding a federal law enforcement search warrant execution that resulted in the death of Bryan Malinowski, the executive director of the Bill and Hillary Clinton National Airport in Little Rock. Malinowski was shot on March 19 during an attempt by agents with the Alcohol, Tobacco, Firearms and Explosives (ATF) to serve a search warrant at his home. He was wounded during a gunfire exchange with agents and died days later. The senators are pushing for an explanation as to why the ATF agents involved were not wearing body cameras, as it violates the department’s policy.

Bud Cummins, the attorney for the Malinowski family, pointed out that the ATF adopted a policy in 2022 that requires the use of body cameras during the execution of search warrants. This policy was a response to the shooting of Breonna Taylor in Louisville, Kentucky. Cummins expressed astonishment that the ATF would claim to have ignored this policy, leading to more questions than answers. During the attempted service of the search warrant, Malinowski allegedly opened fire, resulting in an agent being shot and sustaining non-life-threatening injuries. Malinowski was shot in the head by the returning gunfire and passed away two days later.

The incident is under review by state and local authorities in Arkansas, according to Kristina Mastropasqua, an ATF spokesperson. The Department of Justice has refrained from making any comments on the matter until the review is complete. Malinowski was under investigation for allegedly selling firearms without a license, some of which were used in crimes. Between May 2021 and February 27, 2024, Malinowski reportedly purchased over 150 guns, which he then resold. Although he legally purchased the firearms and indicated on purchase forms that they were for him, he allegedly resold them at gun shows where he acted as a vendor.

The family of Malinowski defended his actions, claiming that at worst, he was accused of making private firearm sales to someone who may not have been legally entitled to purchase the guns. They emphasized that he was a gun owner and enthusiast. The senators emphasized that the Department of Justice should provide a full accounting of the facts surrounding the tragedy to ensure that both Malinowski’s family and the public have the right to know what happened. The lack of body cameras on ATF agents during the execution of the search warrant raises concerns about the violation of the department’s policy and calls for further investigation into the circumstances of the incident.

The incident has sparked questions about the ATF’s adherence to its own policies, especially regarding the use of body cameras during law enforcement operations. The ATF’s reluctance to comment on the issue until the review is complete has left many unanswered questions and uncertainties surrounding the tragic outcome of the attempted search warrant execution. The circumstances leading to Malinowski’s death have raised concerns among lawmakers and the public regarding potential violations of protocols and policies by federal law enforcement agencies during such operations. The push for answers from the Department of Justice by Senators Cotton and Boozman highlights the importance of transparency and accountability in federal law enforcement actions.

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