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

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 omitting body cameras and for apparently shortening wait times at the door, saying the documents suggested inconsistent expectations about how long officers waited before breaching.

Arkansas State Police Secretary and director Mike Hager described the state police role as limited to investigating the officer‑involved shooting and compiling the case for the Pulaski County prosecutor. Hager said his investigators documented the timeline "down to the second" and told the committee their review found roughly 27 seconds elapsed between the initial knock and the breach, a detail he identified as important to the record: "I believe 27 seconds." He repeatedly said the state investigation focused on whether the shooting and subsequent actions complied with law, and that the compiled file was submitted to local prosecutors.

Committee members questioned why an ATF entry team covered a Ring doorbell camera and why interviews and summaries did not probe the tape more thoroughly. Hager said an ATF agent addressed the tape in an interview and Arkansas State Police investigators summarized that exchange; he acknowledged on‑scene communication lapses concerning the treatment of Mrs. Malinowski and apologized for any missteps in handling her immediate post‑shooting care.

Little Rock Police Chief Heath Hilton was sworn but declined to answer case‑specific questions citing ongoing litigation and active investigations, telling the committee he would not "be making any comments in reference to Little Rock Police Department's participation." He confirmed LRPD uses body cameras and agreed to provide the department’s written body‑camera policy to committee staff.

Lawmakers from both parties pressed witnesses about whether the ATF relied on changed administrative interpretations of who needs a federal firearms license and whether the timing of the operation was influenced by pending legal or political developments. Several members urged further oversight, and some called for a grand jury review of events.

By the hearing’s end the committee voted to authorize the committee chair to issue subpoenas for persons, documents and records related to the ATF execution at Malinowski’s home on 03/19/2024. The motion, moved by Senator Clark, was approved by voice vote and the chair announced it "passes." The chair will consult the Senate pro tem as required by legislative rules before subpoenas are issued.

The committee did not reach a final legal finding on whether federal law was violated; state police maintained their role was limited to documenting the shooting and forwarding the record to prosecutors. Lawmakers said they will pursue additional records and testimony now that subpoena authority has been granted.