It was his office that led Operation Fast and Furious. Hurley drafted the response to the family's motion. Under the federal Crime Victims Rights Act, the Terry family would have the right to confer with prosecutors and speak at Avila's sentencing. Having the Terry family fight that deal, could further embarrass and complicate Burke's case.
The family may pursue a wrongful death claim against federal agents, including Burke himself.
Border Patrol agent Brian Terry’s murder at the hands of Mexican criminals carrying at least one weapon from the ATF’s “Operation Fast and Furious” brought that awful program to a screeching halt. Agent Terry’s family asked to be granted status as crime victims, so they could talk with prosecutors and speak at Avila’s sentencing. If drug thugs hadn’t murdered Border Patrol Agent Brian Terry with an ATF- provided weapon, who knows how many thousands more guns would have crossed the U.S. border?
To be sure, Operation Fast and Furious suited the ATF’s needs.