Archive for the 'BATFE' Category

From CBS News:

CBS News has obtained secretly recorded conversations that raise questions as to whether some evidence is being withheld in the murder of a Border Patrol agent.

The tapes were recorded approximately mid-March 2011 by the primary gun dealer cooperating with ATF in its “Fast and Furious” operation: Andre Howard, owner of Lone Wolf Trading Company in Glendale, Arizona. He’s talking with the lead case ATF case agent Hope MacAllister …

The tapes have been turned over to Congressional investigators and the Inspector General …

The conversations refer to a third weapon recovered at the murder scene of Border Patrol Agent Brian Terry …

Court records have previously only mentioned two weapons: Romanian WASR “AK-47 type” assault rifles. Both were allegedly sold to suspects who were under ATF’s watch as part of Fast and Furious.

The third weapon found at the scene of Brian Terry’s death is an SKS.  But that a third weapon was found is not the main point here.  The transcript follows (CBS has the audio).

Agent: Well there was two.

Dealer: There’s three weapons.

Agent: There’s three weapons.

Dealer: I know that.

Agent: And yes, there’s serial numbers for all three.

Dealer: That’s correct.

Agent: Two of them came from this store.

Dealer: I understand that.

Agent: There’s an SKS that I don’t think came from…. Dallas or Texas or something like that.

Dealer: I know. talking about the AK’s

Agent: The two AK’s came from this store.

Dealer: I know that.

Agent: Ok.

Dealer: I did the Goddamned trace

Agent: Third weapon is the SKS has nothing to do with it.

Dealer: That didn’t come from me.

The main point is that heretofore, the ATF only reported two weapons at the scene of Terry’s death.  This recording is evidence that not only were there three weapons, the ATF knew it and sought to cover it up.  As they say, why cover it up unless there is something wrong?

From The LA Times:

The ATF has promoted three key supervisors of a controversial sting operation that allowed firearms to be illegally trafficked across the U.S. border into Mexico.

All three have been heavily criticized for pushing the program forward even as it became apparent that it was out of control. At least 2,000 guns were lost and many turned up at crime scenes in Mexico and two at the killing of a U.S. Border Patrol agent in Arizona.

The three supervisors have been given new management positions at the agency’s headquarters in Washington. They are William G. McMahon, who was the ATF’s deputy director of operations in the West, where the illegal trafficking program was focused, and William D. Newell and David Voth, both field supervisors who oversaw the program out of the agency’s Phoenix office.

[ … ]

McMahon was promoted Sunday to deputy assistant director of the ATF’s Office of Professional Responsibility and Security Operations — the division that investigates misconduct by employees and other problems.

 Something about foxes and henhouses comes to mind.  Criminals, every one of them.  So this is the order of things.  Shill for the administration, violate the Arms Export Control Act, and then get promoted by the Obama administration.

The Daily Caller has a report that seems to be evidence that holes are showing in the DoJ story on Operation Fast and Furious.  With these holes is coming new light, and now, names.

House oversight committee chairman Rep. Darrell Issa, California Republican, will soon air a different side of Operation Fast and Furious: what Mexico-based U.S. law enforcement officials dealt with. Senior Justice Department leadership in Washington ignored concerns Mexico-based Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) officials raised about the program, according to assertions made as part of the congressional investigation.

A House oversight committee hearing on Tuesday morning at 10 a.m. will examine effects Operation Fast and Furious had on “The Other Side of the Border.”

Former ATF attaché to Mexico, Darren Gil told Congressional investigators that, when he became aware of an “abnormal number of [Fast and Furious weapons] recoveries” in Mexico, he called Phoenix-based ATF officials with his concerns. Gil said they told him they were “working on it” and he was “satisfied” with that first response.

“Unfortunately, my chief analyst and my deputy would come back and say, Darren, these are – we’re getting more and more of these seizures,” Gil said. “And I would make inquiries with the Phoenix field division and I wasn’t getting any responses back.” Gil said he “may have gotten two more phone calls” saying the same thing: “Yeah, we’re working on it, we’re working on it.”

Gil said his analyst and deputy would enter E-Trace data from the weapons they seized in Mexico, but were not granted access to the information about the specific guns. So, because Gil’s colleagues in Phoenix shut him out and wouldn’t answer any specific questions, Gil reached out to Washington-based officials.

He called Dan Kumor, ATF’s chief of international affairs, only to get a similar answer. Gil told Congressional investigators that Kumor said it was “an on-going investigation.” (Issa, Grassley blast Holder in letter after secret meeting with ATF’s Ken Melson)

“They’re looking at straw purchasers, they have cooperative Federal Firearms Licensees and it sounds like a significant investigation,” Gil said Kumor told him, adding that “he didn’t have access to the trace information either.” But, Gil said Kumor told him every official “on the chain” up to Kumor from Phoenix was “aware of the investigation.”

Gil said he wasn’t satisfied with the lack of answers from Washington-based officials, and got into “screaming matches” with Kumor. “Hey, when are they going to shut this, to put it bluntly, damn investigation down, we’re getting hurt down here,” Gil told Congressional investigators he’d scream at Kumor.

Assuming the accuracy of this testimony, “every official on the chain up to [chief] Kumor from Phoenix” was aware of the investigation.  It’s apparent that “the investigation” refers not to some larger program into which Operation Fast and Furious fit as a puzzle piece, but the illegal gun running itself.  Otherwise, there is no need to stonewall and hide information.  The Mexican government already knew about broad-based efforts to interdict weapons transfers.  More evidence emerges.

Gil also told Congressional investigators that Obama administration officials worried he’d tell the Mexican ambassador or brief the Mexican government on the operation. He said that’s why he wasn’t given specifics or details about Operation Fast and Furious. “I can tell you what I was told and they were afraid I was going to either brief the ambassador on it or brief the Government of Mexico officials on it,” Gil said, adding that, “They were just worried about somebody leaking whatever was unique about this investigation.”

Gil said his bosses promised him Operation Fast and Furious would be shut down in the summer of 2010. It did not officially end, though, until the end of 2010, after Border Patrol Agent Brian Terry’s death.

Gil and now-acting ATF attaché to Mexico Carlos Canino also told Congressional investigators high-ranking ATF and Justice Department officials bragged about what they considered successes of Operation Fast and Furious. Officials they said included Assistant Attorney General Lanny Breuer, who oversees the DOJ’s criminal division, and acting ATF director Ken Melson.

“Lanny Breuer says, yeah, there is a good case, there is a good case out of Phoenix,” Canino said of a meeting he and Gil had with Breuer and the U.S. ambassador to Mexico, Carlos Pascual.

Lanny Breuer.  This Lanny Breuer, Assistant Attorney General.  And here is my bet.  Lanny Breuer is no rougue attorney with the DoJ.  He conspired and acted in concert with others in the administration to violate the arms exports control act.  We need a special prosecutor to expose the truth and full extent of the illegalities.

From The LA Times:

The Justice Department is trying to protect its political appointees from the Fast and Furious scandal by concealing an internal “smoking gun” report and other documents that acknowledge the role top officials played in the program that allowed firearms to flow illegally into Mexico, according to the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Kenneth E. Melson, the ATF’s acting director, also told congressional investigators this month that the affidavits prepared to obtain wiretaps used in the ill-fated operation were inconsistent with Justice Department officials’ public statements about the program. Justice Department officials advised him not to raise his concerns with Congress about “institutional problems” with the Fast and Furious operation, Melson said.

“It was very frustrating to all of us,” Melson told congressional investigators in a private meeting over the Fourth of July holiday, “and it appears thoroughly to us that the department is really trying to figure out a way to push the information away from their political appointees at the department.”

Not only was the department slow to react, Melson said, but Justice Department officials indicated they did not want him to cooperate with Congress.

A transcript of his comments was released Monday by Rep. Darrell Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform, and Sen. Charles E. Grassley of Iowa, the top Republican on the Senate Judiciary Committee.

Melson said he wasn’t attempting to shield his agency from its share of the blame. He acknowledged an instance in which his agents failed to intercept high-powered weapons when they could have.

“The deputy attorney general’s office wasn’t very happy with us” at the ATF, Melson said, “because they thought this was an admission that there were mistakes made. Well, there were some mistakes made.”

No one is surprised by this information.  As I’ve said before, it isn’t in the DNA of this administration to be forthcoming or accountable in its actions.  It appears that Melson made the decision to “turn state’s evidence,” so to speak.  But I do disagree with one thing.  He admitted to “mistakes.”  The trafficking of weapons in violation of the National Firearms Act and Export Control Act isn’t a “mistake.”  It’s an illegality.

The combination of illegalities and coverups by the administration is why we need a special prosecutor.

UPDATE #1: Media Matters accuses the LA Times of misfiring on this story.  But it appears that perhaps Media Matters is the one who misfired.  Government Accountability Project reports thusly:

Operation Fast and Furious (F&F) – a program run by the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that allowed thousands of lethal weapons to cross the Mexican border – was apparently no secret among high-level political authorities at the Department of Justice (DOJ). Among those in the know? Newly-confirmed Deputy Attorney General James Cole.

Prior:

Interpreting and Analyzing Project Gunrunner

Congressman Bilirakis Questions Holder On Tampa ATF Office Gunwalker Allegations

Gunrunner Comment of the Day

Tampa ATF Officer Gunrunner Coverup

Project Gunrunner Category

Media Matters excoriates those who traffic in confusion over Project Gunrunner.

This is starting to get pathetic.

Right-wing media outlets keep dishing out new “evidence” for why senior Justice Department leaders must have known about Fast and Furious, a failed operation of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). All they keep proving is that those officials knew about Project Gunrunner, the high-profile effort begun under President Bush of which Fast and Furious was one small part.

They’ve already used this conflation to baselessly claim that the stimulus included funds for Fast and Furious (the funds were earmarked for Project Gunrunner and were not distributed to the ATF office that handled Fast and Furious) and that a 2009 Holder speech proves that he was aware of the program (the speech references only Gunrunner and was given before Fast and Furious was initiated).

In their latest effort, these outlets are pointing to a two-minute clip of a speech that then-Deputy Attorney General David Ogden gave on March 29, 2009. In the speech, Ogden said:

DOJ’s Bureau of Alcohol, Tobacco, Firearms and Explosives is increasing its efforts by adding 37 new employees in three new offices, using $10 million in Recovery Act funds and redeploying 100 personnel to the Southwest border in the next 45 days to fortify its Project Gunrunner, which is aimed at disrupting arms trafficking between the United States and Mexico.

ATF is doubling its presence in Mexico itself, from five to nine personnel working with the Mexicans, specifically to facilitate gun-tracing activity, which targets the illegal weapons and their sources in the United States.

Let’s go over this again: Project Gunrunner and Operation Fast and Furious are not the same thing, and Fast and Furious wasn’t reportedly begun until six months after Ogden gave this speech.

Nonetheless, in an editorial comparing Fast and Furious to Watergate, Investor’s Business Daily claims that the Ogden video “may rival the tape that turned a ‘third-rate burglary’ into a presidential resignation.” IBD also claims that both the Ogden clip and Holder’s speech show the speaker “taking credit” for both Project Gunrunner and Fast and Furious. They provide text from both speeches in which the speaker references the former and not the latter, because they are lying (and embarrassingly bad at it).

Meanwhile, Andrew Breitbart’s BigGovernment.com cites this clip to claim that Ogden left DOJ in late 2009 because he “wanted to reduce his chances of becoming the ‘fall guy’ for the Obama Administration after news of this doomed-from-the-start gun-running operation became public.”

Analysis & Commentary

David Codrea and Bob Owens have both had this in their sights.  David does legitimate reporting as well as analysis and commentary, while I mostly focus on analysis and commentary.  So at times I speculate or infer, usually based on a string of evidence or reports (some published, some maybe not).  But regardless of however much we might like the reporting at Big Government, or Salem News, when they link up video or cite documents demonstrating that so-and-so was aware of Project Gunrunner, and flatly assert that he or she is admitting complicity in the smuggling of weapons to the cartels, it is both sloppy and not necessarily correct (note that I said not necessarily, and I’ll return to this later).  It isn’t necessarily correct, not yet, and not exactly.

We know that Project Gunrunner began in Texas in 2005, and was designed primarily during the Bush administration to include the training of the Mexican authorities in the use of eTrace to track weapons.  It involved a handful of ATF field agents, but until late in the Bush administration it wasn’t heavily resourced or funded.  The Merida Initiative changed that.  There were a number of problems with this initiative, but at the moment, I’m just relaying the facts.

The stimulus of 2009 sent more money in the direction of Project Gunrunner.  When the Obama administration took office, there was increased attention on Project Gunrunner, and most astute readers are aware of Operation Fast and Furious which focused on the Southern border and which was run primarily out of the Phoenix office of the ATF.  Fewer people are aware that there was a similar companion operation (called Operation Castaway) in which weapons were released to MS-13 in Honduras, run primarily out of the Tampa office of the ATF.

More recently, there is e-mail evidence indicating that the ATF was searching for anecdotal support for a demand letter on long gun sales in July of 2010.  And only a few days ago David Codrea published a letter he received concerning the illegality of the trafficking of weapons, a point I have made (albeit not as clearly) before.

“[it] isn’t okay for the ATF to violate the National Firearms Act or the Arms Export Control Act if I must live within its stipulations.”

There is indeed illegality involved for knowledgeable individuals (the executive branch of the government cannot willingly violate laws legitimately enacted by Congress any more than can I).  So there is a lot at stake to protect information and identities.  It will be some time before everything is uncovered in this scandal.

But if there is sloppiness in some conservative commentary concerning the conflation of Project Gunrunner and Fast and Furious (or Castaway), and even if Media Matters got this one at least partially right, there is another perspective.

There is a lot of dissimilarity between Project Gunrunner during the Bush and Obama administrations.  Project Gunrunner was small during the Bush years, and doesn’t appear to have included any illegal trafficking of weapons.  The Obama administration oversaw a significant expansion of the program, with strategic studies, Office of Inspector General recommendations for more expansion, the training of corrupt Mexican police, involvement of the FBI and DEA, etc.

We know all of these things based on irrefutable evidence.  We can assess, or speculate, that there is cohesion of intent and knowledge of the operations up the chain of command within the administration.  In other words, we can speculate that weapons trafficking was a subset of Project Gunrunner, as it morphed during the Obama administration into something much larger and organized than it was in the Bush years.  Another way of saying it is that equating Project Gunrunner during the Bush and Obama years is inaccurate.  Same words, different meaning.

We can speculate that since Mr. Obama is a statist, or Fabian Socialist in his thinking, his slip concerning bitterly clinging to guns and religion wasn’t really a slip.  It was a glimpse into his soul, the very core of his being.  I tend towards this interpretation, and thus I have no problem surmising that the chain of evidence plus what I know about Mr. Obama and his administration points towards complicity and prior knowledge within his administration.  Mr. Obama is no friend to firearms.

But it’s important that this be stated as surmising at the moment.  There is much investigative work to be done, and hunting for evidence from amongst this administration will be like pulling teeth.  Finding the truth will be hard.  Commentators are best advised to do better research before conflating phrases and terms, and get busy researching and digging.  Personally, I believe that Project Gunrunner isn’t the same thing it once was.  As I said before, same words, different meaning.  But I’m unwilling at the moment to flatly assert much more than what I have said thus far.

David Codrea is reporting that Congressman Gus Bilirakis (R-FL) wrote a letter today to Attorney General Eric Holder and Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Kenneth Melson, expressing deep concerns over the allegations of release of guns to MS-13 from the Tampa ATF office.

“These reports,” Bilirakis writes, “raise troubling questions about the motives, intentions, and competency of the ATF and DOJ.”

“In recent days,” he notes, “it has come to light that the ATF and DOJ may have participated in the act of ‘gun walking’ beyond the acts conducted within the scope of “Operation Fast and Furious’…and that similar programs included the possible trafficking of arms to dangerous criminal gangs in Honduras with the knowledge of the ATF’s Tampa Field Division.”

The complete list of questions is as follows:

1. Can you confirm whether or not the ATF Tampa Field Division and/or the Department of Justice’s Middle District of Florida participated in a “gun walking” scheme that allowed weapons to be trafficked to Honduras?

2. If so, does the ATF or the DOJ have knowledge of any of these firearms ending up in the possession of the notorious MS-13 gang?

3. How many guns have been allowed to pass into Honduras and how many have since been accounted for?

4. Were trafficked weapons subject to any special monitoring processes once they left the United States?

5. Has “Operation Castaway” been terminated? If not, does the DOJ or ATF plan to terminate this program or urge its termination?

6. Has the DOJ or the ATF established any criteria or guidance pertaining to what is admissible for future operations aimed at preventing firearms from being obtained and used by dangerous foreign criminal organizations in crimes similar to the murder of U.S. Border Patrol Agent Brian Terry?

David Codrea enters a detailed discussion about whether this facet of the scandal is subdivided into “Operation Castaway.”  I think that this is unimportant, and the important thing to follow is David’s reporting on the events and people.  Don’t miss what’s happening here.  It has been said that “Fast and Furious” was separate from Project Gunrunner (or at least, a subset of it).  “Operation Castaway” is supposed to be another subset of Project Gunrunner.  These details will all come to light in the coming days if Congress probes deeply enough, but the important thing now is that their own reporting claims that there is coherence and consistency of effort, a common strategy, and approval of the project – taken as a whole – from the very top levels of the administration.  The subdivided operation at the field offices under which each illegality falls is not currently important.

The scandal deepens and widens, and the depth and extent of the illegalities is only beginning to emerge.  Perhaps Congressman Bilirakis can get to the ATF before they shred all of the pertinent documents.

Prior: Project Gunrunner category

Comment of the day:

The Obama administration, charged with and sworn under oath to the task of enforcing the laws of this country, used a federal agency for the purpose of allowing the laws to be violated, so as to effect changes in the laws they don’t like.

And if they don’t get the law changed, they’ll just unilaterally change it themselves through agency regulation?

[ … ]

This is the gravest dereliction of sworn duty I have witnessed in my lifetime. Almost directly, it led to the death of an agent under their control.

And it deserves at least 20 years with no parole in Leavenworth prison.

And it has expanded to the Tampa ATF Office, which is currently engaged in a coverup.

I enjoyed the largest citizen (non-professional) fireworks display on earth on July 4th at Myrtle Beach, S.C., with my oldest son, grandchildren and dog (74 pound red and rust Dobie), up and down the coast, literally as far as the eye could see at dusk and just after.  Thankfully, Congressional investigators were busy with other things.

In a secret deposition on the Fourth of July, the embattled head of the Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed to congressional investigators new potential lapses in a bungled U.S. gun trafficking sting  that has stirred controversy on both sides of the Mexican border, according to people familiar with the interview.

While many Americans celebrated over barbecues and fireworks, acting ATF director Kenneth Melson arrived Monday with a private attorney on Capitol Hill for the interview, the sources said, speaking only on the condition of anonymity.

During hours of questioning, Melson told investigators for the Senate Judiciary Committee and the House Oversight and Government Reform Committee that he has recently learned that other federal agencies may have withheld crucial information about possible drug cartel connections to the gun trafficking ring that his agency had tried to crack during a 15-month operation that used controversial tactics, the sources said.

[ … ]

In his interview, Melson said most of the operational decisions for the Fast and Furious operation were approved by the U.S. attorney’s office in Phoenix, which was leading a special strike force on gun trafficking, and that even he didn’t know about the specific orders to let straw buyers walk off with guns until after the controversy erupted, according to the sources.

He told the investigators he has subsequently learned that ATF agents during the operation did observe straw buyers transferring guns they had purchased to third parties, a possible legal violation, but did not interdict the weapons at the instructions of their immediate supervisors, the sources added.

[ … ]

Melson also disclosed the existence of documents about the ATF case that have not yet been turned over to congressional investigators, the sources added.

Melson has decided to play ignorant.  So be it.  Let’s allow the evidence to play out and see where the blame lies.  Whatever the end result, either Melson is lying, or he isn’t lying and he was truly ignorant.  In the former case he has perjured himself.  In the later he is merely incompetent.  In both cases, the finger of blame is still pointing higher.  We’re nowhere close to being done with this investigation.  We’re just getting started.

But one thing stands out in the testimony above, albeit from this brief and stilted report.  Melson is playing a card from a successful hand post-9/11, i.e., the “federal bureaucracy didn’t work well together” meme.  The right hand didn’t know what the left hand was doing, there wasn’t information sharing, if we had only known more we could have … this, that and the other, on and on, so on and so forth, ad nauseam.

No, and a thousand times no.  The ATF isn’t some international intelligence organization that should be bent on mitigation of terrorist threats.  If it sees itself that way, then the argument for dismantling the ATF has just grown stronger by an order of magnitude.  A decision was made to violate the National Firearms Act and the Arms Export Control Act, and that’s not acceptable regardless of the decision maker(s).  I cannot violate those laws, and so the ATF cannot do it either.  Period.  There is culpability, and it must be followed through to its completion.

To simply assign blame for failure to share information is cheap, and this excuse wore out ten years ago.  Let me issue a warning on behalf of me and my dog to would-be finger pointers concerning Project Gunrunner: That dog won’t hunt.

Prior: Project Gunrunner Category

Today Obama spoke ever so carefully concerning Eric Holder and his involvement in Project Gunrunner.

“My attorney general has made clear that he certainly would not have ordered gun-running to be able to pass through into Mexico,” Mr. Obama said. “I’ve made very clear my views that that would not be an appropriate step by the ATF, and we’ve got to find out how that happened.  As soon as the investigation’s completed, I think appropriate actions will be taken.”

Obama owns Eric Holder in this remark.  “My attorney general …”  But more questions are raised than answered.  If Holder had not ordered it, and Obama himself doesn’t think that Project Gunrunner “would [be] an appropriate step by the ATF,” then what does it mean when their own report claims that?

Initially implemented in our four primary Southwest border field divisions, Project Gunrunner has evolved into a national strategy … Over the past few years the White House, the Departments of Justice and Homeland Security and even the U.S. Northern Command have developed various strategies and policies designed to leverage the full capabilities of the U.S. Government in this effort. It is essential that our efforts support the strategies and policies of the President and the Attorney General and where possible, complement the strategies of other agencies.

[ … ]

… over the past few months enforcement strategies (and other guidance) that address firearms trafficking to Mexican cartels have been developed and released by the White House and the Department of Justice. It is essential that ATF efforts support strategies promoted by the White House and Department of Justice. An examination of these and other strategies reveals similarities among the strategies, but also suggests that some revisions to ATF’s current strategy are necessary.

When everyone else is responsible, no one is responsible, which in fact might be the Obama strategy.  The ATF field agents and mid-level managers had better be looking for gainful employment.  At least for the moment, Obama is defending Holder.

Prior:

Defendant’s Attorney Seeks Discovery in Project Gunrunner

ATF’s Kenneth Melson to Testify Before Congress

Project Gunrunner Update: FoxNews, LA Times and Washington Post

Washington Post Wrong on Issa Knowledge of Project Gunrunner

Gunrunner Investigation Points Much Higher Than ATF Director

Replacing Kenneth Melson At ATF Is Not Enough

The Deepening Project Gunrunner Scandal

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

Project Gunrunner: White House and DoJ Knowledge and Oversight

From The Daily Caller:

Texas criminal defense lawyers are investigating the Justice Department’s Fast and Furious investigation of cross-border gun smuggling, using routine “discovery” rules that allow defendants to look for flaws in prosecutors’ evidence, statements and purpose.

“As the lawyer for Jose Sauceda–Cuevas, I’ve got to look at every possibility,” including agency misconduct, that would help him in the courtroom, said David Dudley, a Harvard-trained criminal defense lawyer based in Los Angeles.

The U.S. Attorney for the Arizona district is charging Dudley’s client with 25 counts related to gun trafficking. The charges include 10 false statement made during gun purchases, five identity theft charges, five counts for felony possession of a gun, and “five counts of Illegal Alien in Possession of a Firearm,” according to a May 19 press statement.

“The defendant orchestrated straw purchases of over 110 assault rifles and pistols in a multi–state enterprise to provide weapons for the drug war” in Mexico, the statement said.

The case is one in set of prosecutions covering 17 defendants charged in five separate cases that involve more than 300 weapons, most of which are “AK–47–type rifles and automatic pistols that were recovered in Mexico, Arizona and Texas,” read the statement.

[ … ]

Dudley is working with another client’s attorney to launch the discovery investigations. But neither will get to investigate the investigators unless the trial judges approves their request for discovery.

“I have no idea” if the judges will grant discovery, Dudley said. But, he said, “I assume [prosecutors] will anticipate that we will look at every possibility for our client.”

“Anything he files in court, we’ll respond to appropriately in court,” said Robbie Sherwood, a spokesman for the Arizona prosecutor, based in Phoenix, Ariz.

“I think there’s a pretty good chance of getting discovery if they show it is relevant to a defense,” said Dick DeGuerin, a Houston-based lawyer who persuaded the federal government last year to quit its gun-trafficking investigation of the Carter’s Country, a four-store chain of hunting shops in Texas.

“Orders from either a Justice Department official or from supervisors in ATF to allow the sale to go forward … will be relevant” to a defense, he said. “It certainly might be used in mitigation” of a tough sentence.

The abbreviated charges outlined above track with the original indictment of Jose Sauceda-Cuevas.  I would be willing to place a wager on the term “automatic pistols” (in both the article and the indictment) being false information, and that the pistols are in fact semi-automatic.  At least part of Dudley’s defense will be that Mr. Sauceda-Cuevas attempted to do something illegal, and would have been denied that chance had the gun shop owners been allowed to do what they wanted to do in the first place, which is refuse to sell.  As it was, illegaility on the part of the ATF played a role in Sauceda-Cuevas’ crime[s].

Entrapment has been successfully argued in similar and other circumstances.  Without knowing the outcome of the case, it is true that Project Gunrunner has not only placed weapons in the hands of criminals in Mexico, it has also made the case against legitimate targets such a firearms trafficker less certain.  The consequences of Project Gunrunner just keep rolling.  We are only at the tip of the iceberg.

Prior:

ATF’s Kenneth Melson to Testify Before Congress

Project Gunrunner Update: FoxNews, LA Times and Washington Post

Washington Post Wrong on Issa Knowledge of Project Gunrunner

Gunrunner Investigation Points Much Higher Than ATF Director

Replacing Kenneth Melson At ATF Is Not Enough

The Deepening Project Gunrunner Scandal

Senators Feinstein, Schumer and Whitehouse on Halting U.S. Firearms Trafficking to Mexico

Project Gunrunner: White House and DoJ Knowledge and Oversight