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Author Topic: The Current FBI Petition Doesn't Matter  (Read 28 times)

MauraMurrayAdmin

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The Current FBI Petition Doesn't Matter
« on: November 29, 2019, 10:52:08 am »
This post:
1. Is a historical post.
2. Needs to be revised for new information (from when it was originally posted.)

Just setting the record straight ;P

The Current FBI Petition Doesn't Matter - Signatories are asking the FBI to break Federal Law. Make A New Petition Instead.

The entire U.S. Code is housed at Cornell University. Here is the text of Federal Law that states what the FBI can and cannot do:

https://www.law.cornell.edu/uscode/text/28/part-II/chapter-33

"Section 540A
(a)In General.—
At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General and Director of the Federal Bureau of Investigation may assist in the investigation of a felony crime of violence in violation of the law of any State in which the victim appears to have been selected because he or she is a traveler.
(b)Foreign Travelers.—
In a case in which the traveler who is a victim of a crime described in subsection (a) is from a foreign nation, the Attorney General and Director of the Federal Bureau of Investigation, and, when appropriate, the Secretary of State shall assist the prosecuting and law enforcement officials of a State or political subdivision to the fullest extent possible in securing from abroad such evidence or other information as may be needed for the effective investigation and prosecution of the crime.
(c)Definitions.—In this section—
(1) “felony crime of violence” means an offense punishable by more than one year in prison that has as an element the use, attempted use, or threatened use of physical force against the person of another.
(2) “State” means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(3) “traveler” means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.

Section 540B
(a)In General.—
The Attorney General and the Director of the Federal Bureau of Investigation may investigate serial killings in violation of the laws of a State or political subdivision, if such investigation is requested by the head of a law enforcement agency with investigative or prosecutorial jurisdiction over the offense.
(b)Definitions.—In this section:
(1)Killing.—
The term “killing” means conduct that would constitute an offense under section 1111 of title 18, United States Code, if Federal jurisdiction existed. (2)Serial killings.—
The term “serial killings” means a series of three or more killings, not less than one of which was committed within the United States, having common characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors.
(3)State.—
The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States."

Every action taken, thus far, by both the New Hampshire State authorities and the FBI makes perfect sense, as it related to the Maura Murray case GIVEN THE CONSTRAINTS OF FEDERAL LAW.

The FBI cannot be involved in the investigation at this stage because there is no direct evidence, or unexplored leads that would indicate that Maura was murdered.

Early in the investigation, the FBI was allowed to be involved, because information needed to be gathered outside of New Hamshire's jurisdiction, and New Hampshire requested the FBI's assistance.

The FBI cannot take over an investigation. If they did, they would break the very federal law they were asked to uphold.

Discussions here: https://www.reddit.com/r/mauramurray/comments/4xkbsa/setting_the_record_straight ... are misguided.

a.) James Renner's statement that "the FBI have been involved since about day 2" is only half correct.

Yes, they were involved early on, but they aren't now, and they certainly are in no legal position to "take over" the case as the Murray Family want.

Once you look at the law that governs the FBI and apply it to the history of the case, it is clear that they were involved in the case initially to 1. help gather information outside New Hampshire's jurisdiction and 2. investigate the possibility Maura was murdered.

Specifically, as the law applies, the FBI, with permission of New Hampshire authorities, can investigate any lead that is indicative of murder, as the traveler requirement is inherently satisfied: she was a resident of Massachusetts. (However if she were murdered in Massachusetts, the "traveler" requirement would not be satisfied.)

If a lead indicative of murder is exhausted, all the FBI can do is document their findings and wait for new leads. This is far short of what the Murray Family apparently want.

b.) There has been no "pushback" here, only the acceptance of reality.

c.) If there isn't enough evidence to solve the case, then using an "outside agency to dig even deeper" won't solve the case either.

d.) The fact is that Federal law does not allow for the FBI to take over this case. The FBI even says so, see the linked FAQ below.

e.) The "traveler" requirement is fulfilled based upon where a murder took place, if one did. That "Maura's disappearance involves three states. Massachusetts Vermont and New Hampshire." does not satisfy the requirement. Her last known location, being out of state and in New Hampshire, satisfies the requirement until proven otherwise.

The only chance Fred Murray could realize his hope that the FBI take over the case, is if Congress were to change Federal law to allow the FBI to do so.

A petition requesting the above would matter. If there were enough supporters, such that Congress felt it necessary to act on the petition. I think this petition would be even more successful (as far as number of supporters) because it will have a broader base of support. Obviously, the Murray Family are not the only ones that would like the FBI to take over a case.

FBI's lack of involvement is not a matter of ignoring a grieving father or the "comment section as well as the over 5,000 signatures." Weather the FBI has "done enough" or not is besides the point, when they don't have the authority to do more.

The FBI petition asks the FBI to break the law.

A petition requesting congress to change the law, so the FBI can act, is what is needed.

FAQ:

https://www.fbi.gov/about/faqs/if-a-crime-is-committed-that-is-a-violation-of-local-state-and-federal-laws-does-the-fbi-take-over-the-investigation

Question: "If a crime is committed that is a violation of local, state, and federal laws, does the FBI 'take over' the investigation?"

"No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations. Instead, the investigative resources of the FBI and state and local agencies are often pooled in a common effort to investigate and solve the cases. In fact, many task forces composed of FBI agents and state and local officers have been formed to locate fugitives and to address serious threats like terrorism and street violence."

Other comments:

"The petition is not going to change anything. You know what will? Fred Murray, Kate Markopoulos, and Sara Alfieri answering some basic questions about the weekend leading up to Maura's disappearance."

I find this quote to be irresponsible and likely misguided.

First, the public is not privy to all the information police hold. We have no idea if they were already interviewed, and if they were, what was said.

Secondly, they may only know what they have said.

These kind of statements, made by public "websleuthers" are where things go very wrong.
« Last Edit: December 26, 2019, 04:46:12 pm by MauraMurrayEvidence »

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