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Senate Judiciary grills federal, state witnesses over ATF raid that killed Brian Malinowski; chair given subpoena power

JUDICIARY COMMITTEE - SENATE · September 30, 2024
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Summary

A Senate Judiciary Committee hearing examined the March 19, 2024 ATF search that resulted in Brian Malinowski’s death. Former FBI official Mark Bowling criticized the ATF’s tactics and timing; Arkansas State Police described its limited role investigating the shooting; the committee authorized subpoenas for records and testimony.

A Senate Judiciary Committee hearing in September focused on the March 19, 2024 ATF search that resulted in the death of Brian Malinowski, with lawmakers pressing witnesses about tactical choices, investigative predication and whether civil liberties were violated.

Former assistant special agent in charge Mark Bowling, who testified voluntarily, told the panel the operation should not have been run as a high‑risk entry. "He died because the Bureau of Alcohol, Tobacco, and Firearms... made errors," Bowling said, arguing the ATF had effectively criminalized an administrative matter and that a dynamic or aggressively timed entry at 6 a.m. was unnecessary.

Bowling said the ATF could have issued an administrative citation or summons and later served a warrant rather than use intrusive surveillance and an early‑morning knock that escalated the encounter. He criticized the operational plan for…

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