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DOJ: No 3rd gun in "Fast and Furious" murder

Congress probes ATF, DOJ
The Department of Justice has denied speculation that there was a missing third weapon at the murder scene of Border Patrol agent Brian Terry, which sparked the ATF's Fast and Furious scandal. CBS

The Justice Department released a new statement Monday night regarding evidence in the murder of a Border Patrol Agent connected to the Fast and Furious scandal. The statement said "reports of a third gun recovered from the perpetrators at the scene ... are false."

Two assault rifles from ATF's Fast and Furious case were found at the murder scene of Border Patrol Agent Brian Terry last December. Reports of a possible missing weapon surfaced after a ballistics report found neither rifle conclusively matched to the bullet that killed Terry; an indictment said at least one suspect had escaped; and the lead ATF Fast and Furious case agent was secretly recorded discussing a "third weapon."

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Also, on Face the Nation Sunday, Rep. Darrell Issa (R-CA) told Bob Schieffer that "agents who were at Brian Terry's funeral made statements to his mother indicating that there were three weapons" and raised questions about an FBI ballistics report. "Was there a third weapon at the scene? Were there additional people who escaped with weapons?" Issa said.

In response, the Justice Department statement says: "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." The statement said because the prosecution for the murder of Terry is ongoing, "further public comment is inappropriate."

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