Archive for the 'BATFE' Category

The laser focus of a Congressional investigation is deepening the Obama administration gunrunner scandal.  From The Los Angeles Times:

Mexican officials now believe that at least 150 Mexicans have been killed or wounded with guns smuggled in the operation, code-named Fast and Furious. Less understood is what happened to guns that slipped into the hands of suspected criminals in the U.S.

By the ATF’s own estimates, at least 372 guns sold to suspect purchasers have been recovered in Arizona and Texas, mainly at crime scenes. ATF Agent John Dodson has estimated that about a third of the guns sold as part of the operation remained in the U.S.

“These firearms will continue to turn up at crime scenes on both sides of the border for years to come,” said Rep. Darrell Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform, which heard testimony from disgruntled ATF agents, the Justice Department and the family of former Border Patrol Agent Brian Terry, who died in a December shootout with Mexican bandits in southern Arizona. Two weapons sold under the operation, run out of the Phoenix ATF office, were found at the scene of the shootout.

Faced with the agents’ testimony, Assistant Atty. Gen. Ronald Weich backtracked on a letter he wrote in February asserting that “the allegation … that ATF ‘sanctioned’ or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them into Mexico is false.”

“Obviously, there have been allegations that call into serious question that particular letter … [although] everything we say is true to the best of our knowledge at the time we say it,” Weich told the committee. “Some of the testimony that was provided today is of great concern to the Justice Department,” he added. “We share the committee’s interest in getting to the bottom of these allegations.”

A series of emails released as part of the hearing show that acting ATF Director Kenneth Melson and deputy Bill Hoover were getting weekly briefings on the operation. Melson also had requested and been supplied with log-in information that would allow him to monitor the video surveillance of an Arizona gun dealership supplying weapons under the ATF’s watch.

“With this information … Melson was able to sit at his desk in Washington and, himself, watch a live feed of the straw buyers entering the gun stores to purchase dozens of AK-47 variants,” Issa’s office said in a statement accompanying the emails.

“Every agent from outside of the Phoenix field division, sir, as well as many in it, as soon as they came in, were appalled as soon as they learned” about the operation, Dodson said.

The documents to which Weich refers can be found here, and demonstrate conclusively that acting director Melson knew about and approved of the program.  But in sworn testimony, the counsel for the ATF has now said before a Congressional investigation that these revelations “call into question that particular letter,” referring to his letter of denial.

No lawyer wants to be in this position, but the ATF hung him out to dry.  The ATF wasn’t honest with him, and sent him out to deflect criticism with material false information.  This is not a trivial matter.

The scandal is deepening, and even the counsel for the ATF can’t defend their position any longer.  The acting director apparently knew about and approved of the program, a program that knowingly and intentionally violated federal laws.  The regulators can no more violate laws than can ordinary citizens, and this video seems to support Dodson’s testimony that other agents, when they found out about the program, were appalled.  And the following testimony conclusively demonstrates that the ATF knew that the weapons would be involved in multiple crimes before being retaken by the ATF.

With the highest levels of the administration being aware of the program, there is obviously criminal intent and prosecutable activity.  It’s time for a special prosecutor.

Background

We all know about Project Gunrunner, as it is formally called by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).  We also know about the scandal it has been and is steadily becoming, with Congressional hearings pending and the bureau still stonewalling and using delaying tactics over Congressional inquiries.  We don’t know yet what will come of the hearings, but the BATFE and administration support troops have tipped their hand concerning their strategy.

Senators Dianne Feinstein, Charles Schumer and Sheldon Whitehouse have issued a report entitled Halting U.S. Firearms Trafficking to Mexico.  Within a few days of releasing this study, The Washington Post and CNN parroted the talking points in respective articles.  The study itself is as remarkable for the misrepresentation of the facts concerning firearms trafficking to Mexico as it is for its recommendations for statutory remedies.

Analysis & Commentary

Before discussing the Feinstein recommendations it’s necessary to rehearse the demolition that Scott Stewart at STRATFOR performed of the myth that 90% of the weapons seized in Mexico were of American origin.

For several years now, STRATFOR has been closely watching developments in Mexico that relate to what we consider the three wars being waged there. Those three wars are the war between the various drug cartels, the war between the government and the cartels, and the war being waged against citizens and businesses by criminals.

In addition to watching tactical developments of the cartel wars on the ground and studying the dynamics of the conflict among the various warring factions, we have also been paying close attention to the ways that both the Mexican and U.S. governments have reacted to these developments. Perhaps one of the most interesting aspects to watch has been the way in which the Mexican government has tried to deflect responsibility for the cartel wars away from itself and onto the United States. According to the Mexican government, the cartel wars are not a result of corruption in Mexico or of economic and societal dynamics that leave many Mexicans marginalized and desperate to find a way to make a living. Instead, the cartel wars are due to the insatiable American appetite for narcotics and the endless stream of guns that flows from the United States into Mexico and that results in Mexican violence.

Interestingly, the part of this argument pertaining to guns has been adopted by many politicians and government officials in the United States in recent years. It has now become quite common to hear U.S. officials confidently assert that 90 percent of the weapons used by the Mexican drug cartels come from the United States. However, a close examination of the dynamics of the cartel wars in Mexico — and of how the oft-echoed 90 percent number was reached — clearly demonstrates that the number is more political rhetoric than empirical fact.

As we discussed in a previous analysis, the 90 percent number was derived from a June 2009 U.S. Government Accountability Office (GAO) report to Congress on U.S. efforts to combat arms trafficking to Mexico (see external link).

According to the GAO report, some 30,000 firearms were seized from criminals by Mexican authorities in 2008. Of these 30,000 firearms, information pertaining to 7,200 of them (24 percent) was submitted to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for tracing. Of these 7,200 guns, only about 4,000 could be traced by the ATF, and of these 4,000, some 3,480 (87 percent) were shown to have come from the United States.

This means that the 87 percent figure relates to the number of weapons submitted by the Mexican government to the ATF that could be successfully traced and not from the total number of weapons seized by Mexican authorities or even from the total number of weapons submitted to the ATF for tracing. In fact, the 3,480 guns positively traced to the United States equals less than 12 percent of the total arms seized in Mexico in 2008 and less than 48 percent of all those submitted by the Mexican government to the ATF for tracing. This means that almost 90 percent of the guns seized in Mexico in 2008 were not traced back to the United States.

The most recent data that Feinstein cites, given to her by the BATFE, makes the same observation of the data, and that, by acting director Kenneth Melson.

There are no United States Government sources that maintain any record of the total number of criminal firearms seized in Mexico.  ATF reports relate only to firearms recovered in Mexico that were subsequently traced by ATF based upon firearms identifiers submitted to ATF by the Mexican government.  The Mexican government does not submit every recorded firearm to ATF for tracing …

Which point therefore makes the conclusions one can draw from the data very limited.  But that’s not how the Feinstein report paints the picture.  Right in the background statement, we read that “In a June 2009 report, the Government Accountability Office stated that around 87% of firearms seized by Mexican authorities and traced over the previous five years originated in the United States.”  The Washington Post was quick to pick up on the deconstructed meme, saying that “Of the 29,284 firearms recovered by authorities in Mexico in 2009 and 2010, 20,504 came from the United States, according to figures provided to the senators by the Bureau of Alcohol, Tobacco, Firearms and Explosives.”  This is clearly not factually correct, as many more firearms were seized by the Mexican authorities than 29,284.

In testimony to the dictum that if you repeat a lie enough times it will eventually be taken as truth, the 90% myth is now mainstream, and I have called out The St. Petersburg Times for relying on the myth for their editorials (with no response).  Senators Feinstein, Schumer and Whitehouse must be relying on the same dictum, because their wish list of increased firearms control measures is so expansive and draconian that it seems ridiculous to have connected all of this to a single effort.  The senators recommend:

1. Closing the so-called gun show loophole in the laws.
2. Redoubling efforts to enforce an import ban on weapons that fall into the category of military style weapons (e.g., with features such as pistol grip, forend grip, rails for tactical lights, high capacity magazines, etc.).  I have previously covered and commented on this ATF effort for shotguns.
3. Reinstating the assault weapons ban.
4. Multiple sales reporting to the federal government.
5. Ratification of the The Inter-American Convention Against the Illicit Manufacturing of and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials (CIFTA).

And the justification for all of this?  Earlier in the report, Feinstein and staff discuss the laudable job that the ATF did with project gunrunner, but lament the fact that it alone cannot curb the trafficking of firearms to Mexico.

And now the loyal troops tip their hands.  To be sure, for a progressive, any increase in the power of government is a good thing.  All societal problems stem from a lack of regulation and oversight, all evil has its solution in more laws.  So the senators (and the administration) want what they can get out of this effort, if anything.  But something in the wind is foul.

With the coming Congressional investigations of project gunrunner and the illegality and inappropriateness of such a program, the administration and its troops see vulnerability.  Senators Feinstein, Schumer and Whitehouse are snipers picking at the advancing Congressional column with enfilade fire.  This effort is likely a decoy, a hastily designed effort to squeeze what they can from the failed gunrunner project, protect their flanks and split the advancing column.

Second amendment advocates must be diligent, and Senator Feinstein’s efforts should be monitored, analyzed and opposed.  But the real purpose of this report and its recommendations is to be a battlefield ruse.  With its lack of substantiation of the data, the lack of a basis for the recommendations, and the lack of analysis of the information, it’s as much of an admission of vulnerability and culpability as it is a last gasp effort to deny second amendment rights to American citizens.

Prior:

Project Gunrunner: White House and DoJ Knowledge and Oversight

Analysis of ATF Study on the Importability of Certain Shotguns

Legislation on High Capacity Magazines

Cost Cutting Ideas for the Federal Government

There has been much consternation over proposed cost cutting and the pain it will bring to the American people.  But just to show how easy this could all be, I’ll give four cost cutting ideas right out of the gate.

First, defund the Department of Education law enforcement division.  They can turn to the FBI, state or local law enforcement to effect arrests.  The objection that local law enforcement has no authority to enforce federal laws is a red herring.  They can always arrest people who are the subject of a warrant.  And the Department of Education certainly doesn’t need a SWAT team.

Next, defund and disband the BATFE.  An agency that spends its time figuring out ways to prevent the importation of shotguns because they have a pistol grip is certainly a candidate for pink slips.  Giving people too much time and money to misbehave can create things like the gunrunner scandal.

Next, disband and defund the TSA and contract airport security to private companies.  We’ve covered the ineptitude of the TSA before, but it seems that every day is a new adventure in idiocy.

A Detroit father said agents with the Transportation Security Administration singled out his special-needs son for a pat-down while the family was headed to Disney World, MyFoxDetroit.com reported, an incident that the TSA admitted was a “case of bad judgment.”

David Mandy said agents at Detroit Metro Airport took his son Drew, 29, and asked him about the padding underneath his pants, which turned out to be adult diapers. Drew, who is severely mentally disabled, had trouble understanding the agents’ orders because his family said he has the mental capacity of a 2-year-old.

When the father tried to intervene and explain Drew’s disability, he said the two agents said, “Please, sir, we know what we’re doing.”

The agents confiscated a six-inch plastic hammer, something Drew had carried with him for 20 years for comfort. Agents called it a security threat, his father said, adding that they tapped the wall with it and said, “See, it’s hard. It could be used as a weapon.”

The family was told they’d have to ship the hammer if they wanted to keep it, David Mandy said.

As I observed when the TSA was caught groping a little girl:

Folks I have pointed this out before, but it stands repeating just so that everyone is aware of the facts.  As anyone is aware who has access to highly secure facilities, the practice you just watched has no positive consequence on security.  It adds nothing.  In fact, it detracts from security because it encourages rubes and morons to believe that something positive is occurring to enhance their safety and security.  The whole process is a farce – a lie.

Security can be achieved by X-Ray machines (used in airports), metal detectors (used in airports), luggage searches (used in airports), and explosive trace detection portals (not used in airports).  The most effective way to ensure real security is to fire people like the one you just watched groping the little girl and purchase detection portals.  But we would only do that if we cared about security rather than jobs programs.

Finally, terminate the support for the dope-smoking, menstruating monkey study which got $3.6 million in tax dollars.

So there you have it.  Four ideas that could save money.  In decreasing order of obvious waste:  (1) Department of Education SWAT teams, (2) the BATFE, (3) the TSA, and (4) dope-smoking, menstruating monkeys (which I think are more essential than the Department of Education, the BATFE and the TSA combined).

In what is apparently a newly discovered document concerning the scandal involving the BATFE and weapons trafficking to Mexico, MSNBC has released Project Gunrunner: A Cartel Focused Strategy, September 2010, U.S. Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

World Net Daily points out that:

Gunowners of America President  Larry Pratt says that the official U.S. Bureau of Alcohol, Tobaco, Firearms and Explosives, or ATF, document linked on MSNBC suggests a coordinated effort between the bureau, the Department of Justice and the White House.

“In the Gunrunner document, they talk about the need to have policies that are consistent with policies directed by the White House and the Department of Justice,” Pratt explained.

I concur, but I think that the word “suggest” is too weak.  Page 5 contains the following.

… 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.

The context is that the report doesn’t claim to supersede project gunrunner, but to incorporate and expand it.  The report is not a request for consistency (that would be the function of an interdepartmental memorandum), but a claim of consistency.  The BATFE is following the direction of the DoJ and ultimately the White House.

So ends the possibility that this administration can claim plausible deniability.  Whatever else we know about this scandal, we know that the highest levels of the administration approved the use of federal resources to catalyze violation of federal law concerning straw purchases.  We also know that Mexican drug cartels have weapons that they otherwise wouldn’t have all because of this project.

The administration must answer for this malfeasance.

The report can be found here: Project Gunrunner.