The FBI and the Department of Justice are arguing for a liability case against them to be dismissed, while at the same time admitting to key details surrounding the bureau’s involvement in the 2015 terrorist attack on the “Draw Muhammad” event in Garland, Texas.

In that attack, the first in the United States for which ISIS claimed responsibility, Elton Simpson and Nadir Soofi, drove to the Curtis Culwell Center in Garland in a car loaded with six guns and over a thousand rounds of ammunition.

The two men opened fire when they were stopped at a perimeter checkpoint. A security guard, Bruce Joiner, was shot in the leg and the two attackers were killed just yards away from where the shooting began.

Joiner filed suit last October, claiming the FBI was partially responsible for his injuries. His suit argues the bureau “solicited, encouraged, directed and aided members of ISIS in planning and carrying out the May 3 attack,” and is asking for just over $8 million damages.

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