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Ruby Ridge standoff
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== Development == [[File:Ruby Ridge - Every Knee Shall Bow sign.jpg|thumb|right|A prominent sign on the Weaver's property showing their religious views]] [[Randy Weaver]], a former [[Iowa]] factory worker and [[United States Army|U.S. Army]] soldier, moved with his wife and four children to northern [[Idaho]] <!-- from where? -->during the 1980s so they could "[[Homeschooling|home-school]] his children and escape what he and his wife Vicki saw as a corrupted world."<ref name="DOJ DD214">{{cite web |title=DOJR - IV. Specific Issues Investigated (Part A) |url=https://www.famous-trials.com/rubyridge/1124-bureauinvestigation |website=www.famous-trials.com |quote="Hunt and Mays also reviewed a copy of the military record "DD-214" for Weaver. Although the record did not indicate that Weaver had been a Green Beret or a member of the Special Forces, they speculated that Weaver may have received some general demolition training based on an indication in the record that Weaver had training as a combat engineer." |publisher=Department of Justice |access-date=18 May 2023}}</ref><ref>{{Cite episode|people=Schwartz, Stephen H. (executive producer, TLC); Nealon, Jon (producer); Zirnkilton, Steven (narrator)|display-authors=etal|date=May 22, 2004|title=Ruby Ridge|url=https://www.imdb.com/title/tt6391406/ |access-date= February 8, 2017|series=television documentary|network=[[The Learning Channel]] [TLC]|publisher=Discovery Communications, Reality Productions Group}}</ref> In 1978, Vicki, the religious leader of the family,<ref name="pbs">{{cite web|title=Ruby Ridge, Part One: Suspicion|url=https://www.pbs.org/wgbh/americanexperience/features/ruby-ridge-part-one-suspicion/|publisher=pbs.org|access-date=July 22, 2017}}</ref> began to have recurrent dreams of living on a mountaintop and believed that the [[apocalypse]] was imminent.<ref>{{cite book|last1=Lief|first1=Michael S.|last2=Caldwell|first2=H. Mitchell|title=The Devil's Advocates: Greatest Closing Arguments in Criminal Law|date=2007|publisher=Simon and Schuster|isbn=978-1416571865|url=https://books.google.com/books?id=sf9KCPObEAYC&q=vicki%20weaver%201978%20apocalypse&pg=PT156}}</ref> After the birth of their son, Samuel, the Weavers began selling their belongings<ref name="washpost">{{cite news|last1=Hull|first1=Anne|title=Randy Weaver's Return From Ruby Ridge|url=https://www.washingtonpost.com/archive/politics/2001/04/30/randy-weavers-return-from-ruby-ridge/946b58c3-2d46-4df0-9b06-f5ca7c562d09/|newspaper=The Washington Post|access-date=July 22, 2017|date=April 30, 2001}}</ref> and visited the [[Amish]] to learn how to live without electricity.<ref name="pbs" /> They bought {{convert|20|acre|0|spell=in}} of land on Ruby Ridge in 1983 and began building a cabin;{{r|Walter02|pp=50–55}} the property was in [[Boundary County, Idaho|Boundary County]] on a hillside on Ruby Creek opposite Caribou Ridge, northwest of nearby [[Naples, Idaho|Naples]].<ref name=Walter02>{{cite book|last1=Walter|first1=Jess|title=Ruby Ridge: The Truth and Tragedy of the Randy Weaver Family|date=2002|publisher=ReganBooks|location=New York|isbn=978-0060007942|edition=1st trade pbk.}}</ref>{{rp|71}} In 1984, Randy Weaver and his neighbor Terry Kinnison had a dispute over a $3,000 land deal. Kinnison lost the ensuing lawsuit and was ordered to pay Weaver an additional $2,100 in court costs and [[damages]]. Kinnison wrote letters to the [[Federal Bureau of Investigation]] (FBI), the [[United States Secret Service|Secret Service]], and the county sheriff in which he alleged that Weaver had threatened to kill [[Pope John Paul II]], [[President of the United States|President]] [[Ronald Reagan]], and [[Governor of Idaho|Idaho Governor]] [[John Evans (Idaho governor)|John V. Evans]].<ref name="rubyreportcover_39">{{cite web|title=Report of the Ruby Ridge Task Force|url=https://www.justice.gov/sites/default/files/opr/legacy/2006/11/09/rubyreportcover_39.pdf|website=justice.gov|access-date=January 24, 2022|date=June 10, 1994}}</ref>{{rp|21, 24}} In January 1985, the FBI and the Secret Service launched an investigation into allegations that Weaver had made threats against Reagan and other government and law enforcement officials.{{r|rubyreportcover_39|pp=13, 22}} On February 12, Weaver and his wife were interviewed by two FBI agents, two Secret Service agents, and the Boundary County sheriff and his chief investigator.{{r|Walter02|pp=63–65}} The Secret Service had been told that Weaver was a member of [[Aryan Nations]] (an antisemitic, neo-Nazi, white supremacist terrorist organization) and that he had a large weapons cache at his residence. Weaver denied these allegations, and the government filed no charges.{{r|rubyreportcover_39|pp=13, 22}} On three or four occasions, the Weavers had attended Aryan Nations meetings at [[Hayden Lake, Idaho|Hayden Lake]], where there was a compound for government resisters and [[white supremacy|white supremacists]]/[[white separatism|separatists]].<ref name="Egan, Timothy 1992, p. 3">Egan, Timothy. (p. 3, August 30, 1992). [https://www.nytimes.com/1992/08/30/Weekinreview/the-Nation-Hate-Groups-Hanging-on-in-Idaho-Haven.html] {{Webarchive|url=https://web.archive.org/web/20160313023543/https://www.nytimes.com/1992/08/30/Weekinreview/the-Nation-Hate-Groups-Hanging-on-in-Idaho-Haven.html|date=March 13, 2016}}. ''The New York Times''.</ref><ref>Siegler, Kirk. “How What Happened 25 Years Ago At Ruby Ridge Still Matters Today.” NPR, 18 Aug. 2017.</ref> The investigation noted that Weaver associated with Frank Kumnick, who was known to associate with members of Aryan Nations. Weaver told the investigators that neither he nor Kumnick was a member of Aryan Nations but he stated that Kumnick was "associated with [[The Covenant, The Sword, and the Arm of the Lord]]."<ref name="DOJR">{{cite web |title=DOJR - IV. Specific Issues Investigated (Part A) |url=https://www.famous-trials.com/rubyridge/1124-bureauinvestigation |website=www.famous-trials.com |publisher=Department of Justice |access-date=March 3, 2024}}</ref> On February 28, Randy and Vicki Weaver filed an [[affidavit]] with the county courthouse alleging that their personal enemies were plotting to provoke the FBI into attacking and killing the Weaver family.{{r|Walter02|pp=63–65}} On May 6, the Weavers sent President Reagan a letter claiming that their enemies may have sent Reagan a threatening letter under a forged signature. In 1992, the prosecutor cited the 1985 letter as an [[overt act]] of the Weaver family conspiracy against the federal government.<ref>{{cite web |title=DOJR - IV. Specific Issues Investigated (Part L) |url=https://famous-trials.com/rubyridge/1135-indictmentscope |website=www.famous-trials.com |publisher=Department of Justice |access-date=24 March 2024}}</ref> === ATF involvement === The [[Bureau of Alcohol, Tobacco, Firearms and Explosives|Bureau of Alcohol, Tobacco and Firearms]] (ATF) first became aware of Weaver in July 1986, when he was introduced to a confidential ATF informant<!-- both names used by the informant, Fadeley and Magisono, were pseudonyms --> at a meeting at the World Aryan Congress. The informant portrayed himself as a weapons dealer working with [[motorcycle gangs]]. Weaver had been invited to the meeting by Kumnick, the original target of the ATF investigation. It was Weaver's first time at this Congress. Over the next three years, Weaver and the informant met several times. In July 1989, Weaver invited the informant to his home to discuss forming a group to fight the "[[Zionist Occupation Government conspiracy theory|Zionist Organized Government]]", referring to the U.S. government.{{r|rubyreportcover_39|pp=13, 25}} In October 1989, the ATF claimed that Weaver sold the informant two [[sawed-off shotgun]]s, with the overall length of the guns [[Title II weapons#Short-barreled shotgun|shorter than the limit set by federal law]]. In November 1989, Weaver accused the ATF informant of being a spy for the police; Weaver later wrote he had been warned by "Rico V."<ref name=RSWeaver98_29>Weaver & Weaver, ''The Federal Siege'' (1998), p. 29.</ref> The informant's handler, Herb Byerly, ordered him to have no further contact with Weaver. Eventually, FBI informant Rico Valentino outed the ATF informant to Aryan Nations security.{{r|Walter02|p=112}} In June 1990, Byerly attempted to use the sawed-off shotgun charge as leverage to get Weaver to act as an informant for his investigation into Aryan Nations.{{r|rubyreportcover_39|pp=13, 22}} Weaver refused to become a "snitch", and the ATF filed the gun charges in June 1990. The ATF alleged that Weaver was a bank robber with criminal convictions.<ref>{{cite book|last1=Quarles|first1=Chester L.|title=Christian Identity: The Aryan American Bloodline Religion|date=2004|publisher=McFarland|isbn=978-0786481484|page=161|url=https://books.google.com/books?id=r5BzY2eeyngC&pg=PA161}}</ref> (Those claims were false: at that time Weaver had no criminal record. The 1995 Senate investigation found: "Weaver was not a suspect in any bank robberies.")<ref>{{cite book|last1=Parker|first1=R. J.|title=Top Cases of The FBI|date=2012|publisher=Rj Parker Publishing, Inc.|url=https://books.google.com/books?id=ZqvZBQAAQBAJ&pg=PT49}}{{self-published source|date=August 2021}}</ref>{{self-published source|date=August 2021}} A federal grand jury indicted Weaver in December 1990 for making and possessing, but not for selling, illegal weapons in October 1989.{{r|rubyreportcover_39|p=34}} The ATF concluded it would be too dangerous for agents to arrest Weaver at his property. In January 1991, ATF agents posed as broken-down motorists and arrested Weaver when he and Vicki stopped to assist.{{r|rubyreportcover_39|pp=13, 22}} Weaver was told of the charges against him, released on [[bail]], and told that his trial would begin on February 19, 1991. On January 22, the judge in the case appointed attorney Everett Hofmeister as Weaver's legal representative. The same day, Weaver called probation officer Karl Richins and told him that he had been instructed to contact Richins on that date. Richins did not have the case file at that time, so he asked Weaver to leave his contact information and said he would contact him when he received the paperwork. According to Richins, Weaver did not give him a telephone number. Hofmeister sent Weaver letters on January 19, January 31, and February 5, asking Weaver to contact him to work on his [[defense (law)|defense]] within the federal court system.{{r|rubyreportcover_39|p=38}} On February 5, the trial date was changed from February 19 to 20 to give participants more travel time following [[Presidents' Day|a federal holiday]]. The court clerk sent the parties a letter informing them of the date change, but the notice was not sent directly to Weaver, only to Hofmeister. On February 7, Richins sent Weaver a letter indicating that he had the case file and needed to talk with Weaver. This letter erroneously said that Weaver's trial date was March 20.{{r|rubyreportcover_39|p=38}}<ref name=wlswinv>{{cite news |url=https://archive.seattletimes.com/archive/?date=19930423&slug=1697496 |work=Seattle Times |agency=Associated Press |title=Weaver's lawyers say warrant was invalid – court clerk testifies that suspect was given wrong date |date=April 23, 1993 |access-date=January 14, 2020}}</ref> On February 8, Hofmeister again attempted to contact Weaver by letter informing him that the trial was to begin on February 20 and that Weaver needed to contact him immediately. Hofmeister also made several calls to individuals who knew Weaver, asking them to have Weaver call him. Hofmeister told [[United States District Court for the District of Idaho|U.S. District Court]] Judge [[Harold Lyman Ryan]] that he had been unable to reach Weaver before the scheduled court date.<ref name=RRTF_OPR_IVB2c>RRTF, ''Report of the RRTF to the OPR'' (1994), Ch. IV., §B.2.c., p. 44f. [Quote:] "On February 20, Howen and defense counsel Hofmeister appeared before the U.S. district court judge Harold L. Ryan. At that time, Hofmeister told the court that he had been unable to contact Weaver."</ref> When Weaver did not appear in court on February 20, Ryan issued a [[bench warrant]] for failure to appear in court.<ref name=wlswinv />{{r|rubyreportcover_39|p=2}} On February 26, Ken Keller, a reporter for the ''[[Kootenai, Idaho|Kootenai]] Valley Times'', telephoned the U.S. Probation Office and asked whether Weaver did not show in court on February 20 because the letter Richins sent him had an incorrect date. Upon finding a copy of the letter, the Chief Probation Officer, Terrence Hummel, contacted Ryan's clerk and informed them of the incorrect date in the letter. Hummel also contacted the [[U.S. Marshals Service]] (USMS) and Weaver's attorney, informing them both of the error. Judge Ryan, however, refused to withdraw the bench warrant.<ref name="Department of Justice">{{cite web |title=DOJR - IV. Specific Issues Investigated (Part B) |url=https://famous-trials.com/rubyridge/1125-failuretoappear |website=www.famous-trials.com |publisher=Department of Justice |access-date=24 March 2024}}</ref> The USMS agreed to put off executing the warrant until after March 20 in order to see whether Weaver would show up in court on that day. If he were to show up on March 20, the [[United States Department of Justice|Department of Justice]] claimed that all indications are that the warrant would have been dropped. But instead, the [[United States Attorney|U.S. Attorney's Office]] (USAO) called a [[grand jury]] on March 14. The USAO did not inform the grand jury of Richins's letter and the grand jury issued an [[indictment]] for failure to appear.<ref name="Department of Justice"/> === U.S. Marshals Service involvement === When the Weaver case passed from the ATF to the USMS, no one informed the marshals that the ATF had attempted to solicit Weaver as an informant.<ref name=RRTF_OPR_IVB2b2>RRTF, ''Report of the RRTF to the OPR'' (1994), Ch. IV., §B.2.b.(2), pp. 40–43. [Quote:] "Indeed, it was not until over a year later that the marshals learned of this action."</ref> As the law enforcement arm of the federal courts, the USMS were responsible to arrest and bring in Weaver, now considered a [[fugitive]].<ref name="newsweekbow">{{cite news|title=Every Knee Shall Bow|url=http://www.newsweek.com/every-knee-shall-bow-182430|access-date=July 22, 2017|work=Newsweek|date=August 27, 1995}}</ref> Weaver simply stayed in his remote home, threatening to resist any attempt to take him by force.<ref>{{cite journal|date=March 1, 1992|title=Feds Have Fugitive 'Under Our Nose'|journal=Spokesman Review|page=A19|location=Spokane, WA}}</ref><ref>{{cite journal|date=March 13, 1992|title=Marshals Know He's There But Leave Fugitive Alone|journal=[[The New York Times]]|format=print and online publication|page=A14|url=https://www.nytimes.com/1992/03/13/us/marshals-know-he-s-there-but-leave-fugitive-alone.html |access-date=February 8, 2017}}</ref> Weaver was known to have an intense distrust of government. The erroneous Richins letter is believed to have compounded this sentiment and may have contributed to Weaver's reluctance to appear for trial. He was suspicious of what he thought were inconsistent messages from the government and his lawyer; he began to think there was a conspiracy against him.<ref name="Department of Justice"/> Weaver came to believe that he would not receive a fair trial if he were to appear in court. His distrust grew even further when Hofmeister erroneously told him that if he lost the trial, he would lose his land, essentially leaving Vicki homeless, and that the government would take away his children.{{r|Walter02|p=140}} USMS officers made a series of attempts to have Weaver surrender peacefully, but he refused to leave his cabin. Weaver negotiated with U.S. Marshals Ron Evans, W. Warren Mays, and David Hunt through third parties from March 5 to October 12, 1991, when Assistant U.S. Attorney Ron Howen directed that the negotiations cease.<ref>{{cite web |title=DOJR - VI. Chronology of events |url=https://famous-trials.com/rubyridge/1120-chronologyofevents |website=www.famous-trials.com |access-date=24 March 2024}}</ref> The U.S. Attorney directed that all negotiations go through Hofmeister, but Weaver refused to talk with him. Marshals began preparing plans to capture Weaver to stand trial on the weapons charges and his failure to appear at the correct trial date.<ref name="famous-trials.com">{{cite web |title=DOJR - IV. Specific Issues Investigated (Part C) |url=https://famous-trials.com/rubyridge/1126-marshalsefforts |website=www.famous-trials.com |publisher=Department of Justice |access-date=24 March 2024}}</ref> Although marshals stopped the negotiations as ordered, they made other contact. On March 4, 1992, U.S. Marshals Ron Evans and Jack Cluff drove to the Weaver property and spoke with Weaver, posing as real-estate prospects.<ref name="famous-trials.com"/> At a March 27, 1992, meeting at USMS headquarters, Art Roderick code-named the operation "Northern Exposure".{{r|Walter02|p=151}} Surveillance teams were dispatched and cameras set up to record activity at Weaver's residence. Marshals observed that Weaver and his family responded to vehicles and other visitors by taking up armed positions around the cabin until the visitors were recognized.<ref>{{cite web |title=DOJR - IV. Specific Issues Investigated (Part C) |url=https://famous-trials.com/rubyridge/1126-marshalsefforts |website=www.famous-trials.com |publisher=Department of Justice |access-date=24 March 2024 |quote=The team also spent several days conducting surveillance of the Weaver house from the north and west ridges and looking for sites on which to mount surveillance cameras. During this process, they observed the Weavers responding to certain noises by running with rifles to a rock ledge that overlooked the driveway.}}</ref> === Threat source profile === Beginning in February 1991, the USMS developed a Threat Source Profile on Weaver. Agents' failure to integrate new information into that profile was criticized in a 1995 report by a subcommittee of the [[Senate Judiciary Committee]]: <blockquote>The Subcommittee is ... concerned that, as Marshals investigating the Weaver case learned facts that contradicted information they previously had been provided, they did not adequately integrate their updated knowledge into their overall assessment of who Randy Weaver was or what threat he might pose. If the Marshals made any attempt to assess the credibility of the various people who gave them information about Weaver, they never recorded their assessments. Thus, rather than maintaining the Threat Source Profile as a [[living document]], the Marshals added new reports to an ever-expanding file, and their overall assessment never really changed. These problems rendered it difficult for other law enforcement officials to assess the Weaver case accurately without the benefit of first-hand briefings from persons who had continuing involvement with him.<ref name=Subcommittee>{{cite report|author=U.S. Senate Subcommittee on Terrorism Technology and Government [Arlen Specter, Chair]|title=Ruby Ridge: Report of the Subcommittee on Terrorism, Technology and Government Information of the Senate Committee on the Judiciary|url=https://books.google.com/books?id=UOy-7sG5CVEC|publisher=Diane Publishing|access-date=January 24, 2022|year=1996|isbn=978-0788129766}}</ref>{{rp|34}} </blockquote> Many of the people the USMS used as third party go-betweens on the Weaver case—Bill and Judy Grider, Alan Jeppeson, and [[Richard Butler (white supremacist)|Richard Butler]]—were assessed by the Marshals as more radical than the Weavers. When Deputy U.S. Marshal (DUSM) Dave Hunt asked Grider, "Why shouldn't I just go up there ... and talk to him?", Grider replied, "Let me put it to you this way. If I was sitting on my property and somebody with a gun comes to do me harm, then I'll probably shoot him."{{r|Walter02|p=132}} <!-- Delete use of 1994 DOJ report – OR; secondary sources are supposed to be cited --> The Subcommittee said that the profile included "a brief psychological profile completed by a person who had conducted no firsthand interviews and was so unfamiliar with the case that he referred to Weaver as 'Mr. Randall' throughout".{{r|Subcommittee|p=33}} A later memo circulated within the Justice Department opined that: {{blockquote|The assumptions of federal and some state and local law enforcement personnel about Weaver—that he was a Green Beret, that he would shoot on sight anyone who attempted to arrest him, that he had collected certain types of arms, that he had "booby-trapped" and tunneled his property—exaggerated the threat he posed.<ref name=SenSubcommTerrorism96_GorelickMemo>Memorandum by Deputy Attorney General Jamie Gorelick, dated April 5, 1995, cited in U.S. Senate Subcommittee on Terrorism ''Ruby Ridge: Report'' (1996), p. 35.</ref>}} A review of Weaver's [[DD Form 214|DD-214]] in an investigation after the events of Ruby Ridge revealed that Weaver had never been a Green Beret or a member of the Special Forces; it was possible he had received some general demolition training as a "combat engineer."<ref name="DOJ DD214" /> === Rivera helicopter incident === Following a flyover by a hired helicopter for [[Geraldo Rivera]]'s ''Now It Can Be Told'' television show on April 18, 1992, the USMS received media reports that Weaver had shot at the helicopter.<ref>{{cite web |title=DOJR - IV. Specific Issues Investigated (Part E) |url=https://famous-trials.com/rubyridge/1128-fbihostage |website=www.famous-trials.com |publisher=Department of Justice |access-date=24 March 2024 |quote=Smith reported that TV show host Geraldo Rivera had unsuccessfully attempted to interview Weaver and that there were unconfirmed reports that Weaver had fired at Rivera's helicopter}}</ref><ref name=hsnfcb>{{cite news |url=https://news.google.com/newspapers?id=2lxWAAAAIBAJ&pg=6614%2C1355554 |work=Spokesman-Review |location=(Spokane, Washington) |last=Morlin |first=Bill |title=Helicopter shot at near fugitive's cabin |date=April 23, 1992 |page=B1}}</ref> That day in Idaho, U.S. Marshals were installing surveillance cameras overlooking the Weaver property.{{r|rubyreportcover_39|p=3}} In a field report dated April 18, 1992, Marshal W. Warren Mays noted the sighting of a helicopter near the Weaver property but did not report hearing any gunfire. In an interview with a [[Coeur D'Alene, Idaho|Coeur D'Alene]] newspaper, Weaver denied that anyone had fired at the helicopter.<ref name="RRTF_OPR_IVCfn246">RRTF, ''Report of the RRTF to the OPR'' (1994), Ch. IV., §C.2.g.(2), footnote 246, pp. 78–80.</ref> When interviewed by the FBI, the helicopter pilot Richard Weiss said that Weaver had not fired on his helicopter. The ''Report of the RRTF to the OPR'' (1994) said, when the "indictment [of Weaver] was presented to the grand jury, the prosecution had evidence that no shots had been fired at the helicopter."<ref name=RRTF_OPR_IVL3afn1196>RRTF, ''Report of the RRTF to the OPR'' (1994), Ch. IV., §L.3.a., and footnote 1196, pp. 359-365.</ref><ref>Quoting footnote 1196 in its entirety, cited in the preceding: Only one of the four people in the helicopter thought he heard shots; the other three heard nothing of [''sic.''] were certain that the helicopter had not taken fire. A photographer in the helicopter saw someone gesture at the helicopter and thought he heard two shots on a boom microphone. [Report references for the foregoing statement,] FD-302 Interview of Dave Marlin, September 16, 1992. However, another passenger said that no shots has been fired and that "it would have been 'grossly unfair' to accuse the Weavers of shooting." [Report references for the foregoing statement,] FD-302 Interview of Richard Weiss, September 11 & 18, 1992, at 1–2; see FD-302 Interview of Brooke Skulski, September 28, 1992. Weaver denied that shots had been fired at the helicopter. [Report references for the foregoing statement,] "Fugitive: No Surrender," ''Coeur D'Alene Press,'' May 3, 1992, at 1. Deputy property [''sic.'', text presumed omitted] on the day of the alleged shooting, but was unaware of any evidence that shots had been fired. See Report of Investigation by Mays, April 18, 1992.</ref> Media reports that Weaver had fired on the Rivera helicopter became part of the justification later cited by U.S. Marshal Wayne "Duke" Smith and FBI HRT Commander Richard Rogers in drawing up the Ruby Ridge [[rules of engagement]] on August 21–22, 1992. Also, in spite of Weiss's repeated denials that shots had been fired at his helicopter, Howen charged that, as Overt Act 32 of the Weavers' Conspiracy Against the Federal Government, Randy, Vicki, and Harris fired two shots at the Rivera helicopter.<ref>{{cite web |title=DOJR - IV. Specific Issues Investigated (Part L) |url=https://famous-trials.com/rubyridge/1135-indictmentscope |website=www.famous-trials.com |publisher=Department of Justice |access-date=24 March 2024 |quote=On or about April 18, 1992, Randall C. Weaver, Vicki Weaver, or Kevin L. Harris shot at or near a helicopter and its occupants}}</ref> Operation "Northern Exposure" was suspended for three months due to the confirmation hearings for [[Director of the United States Marshals Service|United States Marshals Service Director]] [[Henry E. Hudson]].{{r|Walter02|p=158}}
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