May 29, 2024


The Legal System

How the Brooklyn subway shooter evaded law enforcement: Ret. FBI agent


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Ret. FBI supervisory special agent James Gagliano explained how the Brooklyn subway shooter avoided arrest while being on law enforcement’s radar before the shooting Wednesday on “Tucker Carlson Tonight.”

GAGLIANO: People ask, “Well, if these folks have been interviewed, why aren’t they in custody?” Unfortunately, … we’ve got this pesky Fourth Amendment thing in the United States. It makes it really difficult. People say hyperbolic things. I listened as you read through that slew of bigoted and awful online rantings that this individual had posted. A lot of times it’s difficult. You can do a knock and talk, you can interview somebody, … they can be on your radar, but you can’t keep them under perpetual surveillance. And unfortunately, in a country like the United States, with 327 million people and only 12,000 FBI agents, it makes it tough to make sure that something like this doesn’t happen. 

The five boroughs in New York are about 320 square miles. And Tucker, I would submit that the vast majority of that is blanketed with either governmental – meaning police – surveillance cameras or private [cameras] … The problem at the 36th Street station and the 25th Street station here appears to be – and again, I’m just looking at reports – related to Wi-Fi and a server issue. So the film footage was captured, it just wasn’t able to be transferred expeditiously to the people [who] needed it, which was 1PP – police headquarters – and the FBI office at 26 Federal Plaza in Lower Manhattan.



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