D.C. lawmakers hold hearing on Little Rock Airport Executive Bryan Malinowski’s death
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WASHINGTON D.C. – The attorney for former Little Rock airport Director Bryan Malinowski testified before the House of Representatives subcommittee on “the Weaponization of the Federal Government” Wednesday.
The hearing put Arkansas at the center of the discussion of what is right and what is wrong for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The Malinowski family attorney said ATF agents were in place at a parking lot near Malinowski’s home to execute a search warrant on the airport executive’s home a week before they did on March 19, but abandoned the attempt because they learned the airport executive was not there.
Bryan Malinowski died as a result of an ATF search warrant where he fired at agents. An affidavit shows Malinowski sold guns at gun shows from his personal collection at a rate the ATF alleged crossed a line for when a private seller is required to get a federal firearms license (FFL).
Private sales do not require background checks and is commonly referred to as the gun show loophole where those who cannot legally possess a gun can easily acquire one.
Bud Cummins, attorney for the Malinowski family, told U.S. House representatives that the line he allegedly crossed is very “murky” and the ATF should have taken less drastic action.
“He loved his career. He loved being in the airport management business. If anyone had ever suggested to him that his weekend hobby was in any way threatening that, he would have immediately been hands off, but nobody told him,” Cummins said.
Bryan Malinowski, the Little Rock airport executive shot by ATF agents, dies from injuries
The Arkansas attorney also said that there were 57 seconds between when ATF agents covered the lens of the front door camera and when Malinowski was shot in the forehead with retaliatory fire. All of this happened well before sunrise.
“We are making a big deal at 6 a.m., but this is the standard time law enforcement executes arrest warrants and executes search warrants,” Rep. Dan Goldman (New York-D) said.
One thing that was not standard procedure was the lack of body cameras. According to Cummings neither the ATF nor the Little Rock Police Officers present were wearing any. If true, it goes against a 2021 Presidential policy.
Virgin Islands Rep. Stacey Plaskett (D) stated only a third of ATF agents are currently wearing body cameras.
“I have specifically requested from Congress the funding from Congress so that everyone can wear those body cams, but my colleagues have denied that,” Plaskett said.
Malinowski’s widow, Maer, was present but did not testify. The only thing on her lips were tears she wiped away as they rolled down her face.
“Mrs. Malinowski I feel like we owe you an apology on behalf of the American government,” stated Rep. Gregory Steube (Florida-R).
“It is inappropriate to be drawing conclusions before the results of an investigation are released,” Plaskett said.
Whether any changes come from the deadly search warrant is yet to be seen. Ohio Rep. Warren Davidson (R) said there were less invasive means and he hopes a statute or practice can be drafted to deescalate future warrant searches.
The Pulaski County Prosecuting Attorney’s Office is currently investigating the Malinowski raid. Sixth Judicial District Prosecutor Will Jones said Wednesday the file is still in review.
The ATF rule change on private sellers implemented on May 11, 2024, is also in the court system. Arkansas Attorney General Tim Griffin is working to stop the rule’s implementation. His office said it is still waiting on a ruling.
Plaskett brought up Malinowski’s job as an example and a reason why the ATF changed the language of the rules it enforces on private sellers.
The ATF removed any language of the gun sales having to be linked to a person’s “livelihood” or main source of income. The current rule implemented applies to those who sell guns “predominately to earn a profit.” Malinowski could sell many firearms but did not rely on gun sales as his primary source of income because he was the highest-paid official in Little Rock’s government.
Malinowski family’s lawyer reacts to congressional letter sent to ATF
Thursday at 9 a.m., the subcommittee will question the ATF director on the Malinowski search warrant.
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