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DOJ: Issa's Theory That Gun Disappeared After Border Patrolman's Murder 'Maligns' FBI Agents

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"When law enforcement analyzes evidence from a crime scene, it refers to some of the items seized as 'known' items or 'Ks' for shorthand," Schmaler explained. "Certain items were analyzed as 'known' items from the crime scene of Agent Terry's murder, including the two firearms referenced by Chairman Issa and designated by the FBI as Known Specimens 'K2' and 'K3'."

"According to the FBI, the item that Chairman Issa refers to as 'K1' is a blood sample from Agent Terry, not a firearm. For this reason, it was not listed on the ballistics report prepared by the FBI," Schmaler continued.

"Prior to his appearance on CBS this past Sunday, Chairman Issa's staff was informed that there were two - not three - guns recovered from the perpetrators at the scene of Agent Terry's murder," Schmaler said.

Oversight Committee Ranking Member Rep. Elijah E. Cummings issued a statement criticizing Issa's comments.

"It is unbelievably reckless for Chairman Issa to go on national television and repeat these baseless accusations, which attack the integrity and credibility of entire law enforcement agencies and undermine the prosecution of those responsible for Agent Terry's death. In a closed briefing with Committee staff earlier this month, the FBI dispelled any allegation that they recovered a third gun at the scene, and the Committee has no evidence to the contrary."

Late update: Issa spokesman Frederick Hill emails this statement: "If there was no third gun then Agent Brian Terry was killed by a weapon from Operation Fast and Furious. The Justice Department has so far failed to acknowledge this or provide appropriate answers."

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