WASHINGTON D.C., DC — The death of Bryan Malinowski takes national stage on Capitol Hill this week.
After months of questions surrounding an ATF search warrant that led to a deadly shootout, a House panel heard from the lawyer of the former airport director.
The ATF affidavit said the reason for the search warrant on Bryan Malinowski was because he was selling guns without a license. U.S. lawmakers said that they wanted a few things answered after hearing the Malinowski attorney's testimony.
"I mean because we are talking ATF and because we are firearms who are doing all of this, and this is basically a licensing dispute," said Kelly Armstrong, (R) U.S. Representative of North Dakota.
"Yes sir, and it's an alleged violation, and the definition is subjective," answered Bud Cummins, the Malinowski family attorney.
On March 19, before 6 a.m., ATF agents went to the door of Bryan Malinowski's home for a search warrant.
The doorbell video provided by Malinowski's attorney is the only video known of the raid. It shows agents approaching the home and covering the camera.
Since then, there have been questions about whether ATF used proper protocol during this.
It is now known that agents were not wearing body cameras, which is against ATF policy. However, according to a statement from the Department of Justice, body-worn cameras are a phased implementation for ATF that has not started in Arkansas.
The only other person present at the time was Bryan Malinowski's wife, who attended the hearing but didn't speak.
There were also questions about how agents entered the home. While the affidavit said it was not a no-knock warrant, it's unclear if they knocked and how long they waited to enter.
"So, something less than 57 seconds is the time it took them to knock if they knocked," Cummins said. "We don't know if they knocked, forced entry on the front door, and for Mr. Malinowski to emerge."
This all stems from whether or not Malinowski needed a license to sell guns.
The family lawyer maintains he was a collector and within the law.
"You would say that if you purchased 142 firearms within a four-year span, as a former U.S. attorney, and you have evidence of nine sales within that period of time, plus many more weapons offered for sale, you would say -- not the ATF -- you, as a former U.S. attorney that there is no probable cause to believe that this person is in the business of selling guns without a license?" asked Dan Goldman, (D) U.S. Representative of New York.
"I would agree that could be probable cause," Cummins said.
Malinowski's lawyer and lawmakers hope to get these questions answered Thursday, ass the ATF director is scheduled to testify to the House Judiciary Committee.