Issa And Grassley Press DEA And FBI For Answers

Rep. Darrell Issa (R-CA) and Sen. Chuck Grassley (R-IA) are pressing the heads of the Drug Enforcement Administration and the Federal Bureau of Investigation for answers to their agencies’ involvement in Operation Fast and Furious. This is amid reports that some of the targets of the ATF in Project were actually paid FBI informants.

While Issa and Grassley are pressing for information, I fully expect at the FBI to try and stonewall them.

Grassley, Issa Press for Answers from FBI, DEA in Fast and Furious Investigation

WASHINGTON – Senator Chuck Grassley and Representative Darrell Issa are pushing for additional information and documents from the FBI and the Drug Enforcement Agency (DEA) in relation to the two agencies roles in the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reckless strategy known as Operation Fast and Furious. The strategy employed by the ATF allowed firearms to be purchased by known straw buyers and then transferred to third parties where the guns often crossed the border to Mexican drug cartels.

The letters are a follow-up to a recorded, transcribed interview with Acting ATF Director Ken Melson. The Acting Director was interviewed by congressional investigators on July 4 where he corroborated several details that included other agencies involved in Operation Fast and Furious.

In the letter to FBI Director Robert Mueller, Grassley and Issa asked about the “veracity of claims” regarding the possible involvement of paid FBI informants in Operation Fast and Furious and “specifically at least one individual who is allegedly an FBI informant” and “might have been in communication with, and was perhaps even conspiring with, at least one suspect whom ATF was monitoring.”

The letter to DEA Administrator Michelle Leonhart requested a briefing by DEA staff as well as “the number of informants or cooperating informants handled by other agencies identified in the course of any investigations related to Operation Fast and Furious.”

In addition, both letters (to Mueller and Leonhart) asked for communications of several members of the Organized Crime Drug Enforcement Task Force who were working in coordination with the ATF to conduct Operation Fast and Furious.

The full letter to DEA Administrator Michele Leonhart can be found here.

The full letter to FBI Director Robert Mueller can be found here.

Both letters are detailed in the information sought. The Leonhart letter specifically asks about any communications regarding Fast and Furious by the heads or assistant heads of the DEA offices in Phoenix, Tucson, Nogales, and Yuma. This letter also asks for any information relating to Manuel Fabian Celis-Acosta who is the lone person in custody who can be linked to the murder of Border Patrol Agent Brian Terry.

The Mueller letter is broader in scope than the Leonhart letter. It seeks info on confidential informants, the investigation into the murder of ICE Agent Jaime Zapata in Mexico, and any communications between ATF and certain FBI officials including ones in Phoenix, El Paso, and Tucson. They especially are looking to see if ATF and the FBI agent in charge of the Terry murder investigation have had any communications.

If they get the information they request, things could heat up very quickly and even the mainstream media would not be able to ignore it like most of them have been doing these last few months.

Text Of Maloney-Cummings-McCarthy Gun Control Bill

The text of the Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011 is below. This is the newest gambit by certain Democrat members of the House Oversight Committee to use Operation Fast and Furious as a means to push for more – and superflous – gun control laws. As I noted about in my post about their press release, every illegal act that they are trying to cover is already covered by other Federal laws. Having this law in place would not stop the smuggling of arms and certainly wouldn’t have prevented the ATF from engaging in gunwalking.

The bill does not yet have an assigned number that I can find in the Library of Congress’s Thomas system.

A BILL
To prohibit firearms trafficking.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011’’.

SEC. 2. PROHIBITION ON FIREARMS TRAFFICKING.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
§ 932. Trafficking in firearms
“(a) IN GENERAL.—It shall be unlawful for any per3on, regardless of whether anything of value is exchanged, to receive, or to transfer or otherwise dispose of to 1 or more individuals, 2 or more firearms that have been shipped or transported in interstate or foreign commerce, knowing or having reasonable cause to believe that such conduct will result in the disposing of 1 or more such firearms to an individual—
‘‘(1) whose possession or receipt of the firearm would be unlawful; or
‘‘(2) who intends to or will use, carry, possess, or dispose of the firearm unlawfully.
“(b) ORGANIZER.—It shall be unlawful for any person to knowingly direct, promote, or facilitate conduct that violates subsection (a).
‘‘(c) CONSPIRACY.—It shall be unlawful for any person to conspire to violate subsection (a).
‘‘(d) DEFINITIONS.—In subsection (a):
‘‘(1) The term ‘individual whose possession or receipt of the firearm would be unlawful’ means an individual—
‘‘(A) who is under indictment or has a prior conviction for a violent felony or a felony drug offense;
‘‘(B) who at the time of the offense was under a criminal sentence, including on probation, parole, supervised release, or work release, or in escape status;
‘‘(C) whose possession of the firearm violates or would violate section 922(x)(2); or
‘‘(D) whose possession of the firearm violates or would violate paragraph (2), (3), (4), (5), (8), or (9) of section 922(g).
‘‘(2) The term ‘violent felony’ has the meaning given in section 924(e)(2)(B).
‘‘(3) The term ‘felony drug offense’ has the meaning given in section 102(44) of the Controlled Substances Act, and includes a drug trafficking crime (as defined in section 924(c)).’’.

(b) PENALTIES.—Section 924(a) of such title is amended by adding at the end the following:
‘‘(8)(A) Whoever violates subsection (a) or (b) of section 932 shall be fined under this title, imprisoned not more than 20 years, or both, subject to subparagraph (B).
‘‘(B) The term of imprisonment imposed on a person who violates section 932 in concert with 5 or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management, shall be not more than 25 years.
‘‘(C) Whoever violates section 932(c) shall be fined under this title, imprisoned not more than 10 years, or both.’’.

(c) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by adding at the end the following:
‘‘932. Trafficking in firearms.

Tools?

Representatives Elijah Cummings (D-MD), Carolyn Maloney (D-NY), and Carolyn McCarthy say they want to give ATF more tools to stop smuggling and straw purchases. More tools? Reading their release you can’t help coming to the conclusion that the only tools in question are the aforementioned representatives.

Straw purchases are already illegal. Smuggling of arms is illegal under the Arms Export Control Act as Dave Hardy makes clear. Possession of a firearm (or ammunition) by a felon is a felony in and of itself. If a drug cartel or other organization is conspiring to buy guns by using straw purchasers, you have RICO as a tool to combat it. This bill is nothing but a means to get some airtime and glowing accolades in the New York Times and Washington Post.

The other thing of note in this release is where it says that they have released the testimony of Acting ATF Director Kenneth Melson given on July 4th. You have to ask yourself if this was to build support for their bill or to alert Eric Holder and his minions in the DOJ just what Melson had to say. My guess it is the latter as Rep. Cummings has been a synchophant of the Justice Department throughout the whole investigation.

WASHINGTON – Today, U.S. Representatives Carolyn B. Maloney (D-NY), Elijah Cummings (D-MD), Ranking Member of the House Oversight and Government Reform Committee, and Carolyn McCarthy (D-NY) introduced the “Stop Gun Trafficking and Strengthen Law Enforcement Act.” The legislation establishes a dedicated firearms trafficking statute to empower law enforcement to keep high-powered firearms out of the hands of dangerous criminals, including Mexican drug cartels.

“This legislation gives law enforcement the tools they need to do their job,” Rep. Maloney said. “It prohibits the transfer of a gun when an individual knows the gun will be transferred to a person who is prohibited by law from carrying a gun or to a person who intends to use the gun illegally. This is a sensible solution to a severe problem and will ensure that weapons do not end up in the hands of criminals– and drug cartels– by specifically prohibiting firearms trafficking in the criminal code.”

“We have to move beyond the all-or-nothing rhetoric of the current gun debate and work toward common-sense measures to help our law enforcement authorities combat the Mexican drug cartels without infringing on anyone’s right to own a firearm,” Cummings said. That’s exactly what this bill does.”

“Straw purchasers represent a significant problem in the United States. It is long past time that we take concrete steps to fight back against these individuals who funnel weapons into the hands of criminal and terrorist organizations. I’m proud to join Representative Maloney in taking this step to make our country safer,” Rep. McCarthy said.

“This legislation will provide Alcohol, Tobacco & Firearms with the tools to keep illegal firearms from making their way into the hands of convicted felons who move guns across the southern border, utilizing a network of straw purchasers in the United States. These straw purchases act as an intermediary party for organized crime networks and the cartels by purchasing guns on their behalf”, according to Chris Schoppmeyer, FLEOA’s Vice President for Agency Affairs. The Federal Law Enforcement Officers Association (FLEOA) is the largest professional police organization that represents over 26,000 federal agents and officers from 65 agencies in the United States Government, including the ATF.

“This legislation would give law enforcement a strong, new tool to fight the gun trafficking that feeds lethal violence in Mexico, and American communities as well. There is no Second Amendment right to supply drug gangs with the firepower of an army,” said Dennis Henigan, Acting President of the Brady Campaign. “Mexican families, and American families, have the right to live in peace. That’s what this valuable legislation is all about.”

“The U.S. civilian gun market is stocked with military-grade weapons—both domestically manufactured and imported—and has extraordinarily weak controls on their sale. This has transformed the United States into a virtually unregulated bazaar of military-style firearms. Traffickers can stock up on their weapons of choice: AK-47 and AR-15 assault rifles and pistols, 50 caliber sniper rifles, and high-capacity armor-piercing pistols. The ‘Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011’ is a crucial step in meeting the United States’ responsibility to address cross-border gun trafficking,” said Kristen Rand, legislative director of the Violence Policy Center, a national non-profit gun violence prevention organization.

The Members released testimony by Acting Director of ATF, Ken Melson, which was obtained as part of the Oversight Committee’s investigation of ATF’s Operation Fast and Furious, stating that law enforcement officials “absolutely” need a firearms trafficking statute to effectively attack these criminal trafficking rings. Additionally, the Members released a letter from the Mexican Ambassador to the United States that stated his support for firearms trafficking legislation.
As a part of the Oversight Committee’s investigation of ATF’s Operation Fast and Furious, law enforcement agents on the ground have warned Congress that the lack of a dedicated firearms trafficking statute means that criminals who supply Mexican drug cartels with weapons of war are typically charged with mere paperwork violations – dealing in firearms without a license – and often only receive a sentence of probation.

This legislation is narrowly tailored to fill that void and help law enforcement stop illegal firearms trafficking.

Beware The Ides Of July

Katie Pavlich of Townhall.com who has been done really good reporting lately on Project Gunwalker posted that Rep. Elijah Cummings (D-MD), Rep. Carolyn Maloney (D-NY), and Rep. Carolyn McCarthy (D-NY) plan to introduce a new gun control bill on July 15th. According to the ancient Roman calendar, the 15th of July – just like the 15th of March – is the Ides of the month.

U.S. Representatives Carolyn B. Maloney (D-NY), Elijah E. Cummings (D-MD), ranking member of the House Oversight and Government Reform Committee, and Carolyn McCarthy (D-NY) will join other members and a leading law enforcement organization for an event Friday, July 15th, 11:00 a.m. at the House Triangle to introduce the “Stop Gun Trafficking and Strengthen Law Enforcement Act,” which establishes a dedicated firearms trafficking statute to empower law enforcement to keep high-powered firearms out of the hands of dangerous criminals, including Mexican drug cartels.

Frankly, other than getting glowing tributes from the opinion pages of the New York Times and the Washington Post, I don’t see much of a future for this legislation. It will gain a quick handful of Democrats as co-sponsors and then languish in committee just like Carolyn McCarthy’s HR 308.

As Katie notes,

So let me get this straight, democrats want to punish law abiding Americans and impede on Second Amendment rights with new legislation “to prevent gun trafficking to Mexico,” however, aren’t willing to focus on the ATF and DOJ’s role in deliberately putting high powered firearms into the hands of criminals including Mexican drug cartels?

Katie was the one who broke the story yesterday on the email from Assistant Director for Operations Mark Chait to Bill Newell which suggests that one aim of Project Gunwalker was to build support for the multiple-rifle reporting requirement.

Issa And Grassley Name Names

In what Mike Vanderboegh calls the Dirty Dozen (loved that movie!), Rep. Darrell Issa and Sen. Chuck Grassley have sent another letter to Attorney General Eric Holder requesting documents in reference to 12 people they say at the Justice Department who knew about about Operation Fast and Furious (aka Project Gunwalker) and its implementation.

This was the second letter that Issa and Grassley sent to Eric Holder yesterday. As Matthew Boyle reports in the Daily Caller, their first letter ripped into Holder over skewing potential witnesses (aka witness tampering) by allowing access to sensitive background information.

July 11, 2011

The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avennue, NW
Washington DC 20530

Dear Attorney General Holder:

As our investigation in Operation Fast and Furious has progressed, we have learned that senior officials at the Department of Justice (DOJ), including Senate-confirmed political appointees, were unquestionably aware of the implementation of this reckless program. Therefore it is necessary to review communications between and among these senior officials. As such, please provide all records relating to communications between and among the following individuals regarding Operation Fast and Furious:

1. David Ogden, Former Deputy Attorney General;

2. Gary Grindler, Officer of the Attorney General and former Acting Deputy Attorney General;

3. James Cole, Deputy Attorney General;

4. Lanny Breuer, Assistant Attorney General;

5. Kenneth Blanco, Deputy Assistant Attorney General;

6. Jason Weinstein, Deputy Assistant Attorney General;

7. John Keeney, Deputy Assistant Attorney General;

8. Matt Axelrod, Associate Deputy Attorney General;

9. Ed Siskel, Former Associate Deputy Attorney General;

10. Brad Smith, Office of the Deputy Attorney General;

11. Kevin Carwhile, Section Chief, Capitol Case Unit; and

12. Joseph Cooley, Criminal Fraud Section.

These records should include e-mails, memoranda, briefing papers, and handwritten notes. Additionally, any records related to communications referring to a large firearms trafficking case within the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or in Phoenix should be included in any production.

Please provide this information no later than July 18, 2011, at noon. If you have any questions regarding this request, please contact Tristan Leavitt in Ranking Member Grassley’s office at (202) 224-5225 or Henry Kerner of Chairman Issa’s Committee staff at (202) 225-5074. I look forward to receiving your response.

Sincerely,

Darrell Issa, Chairman, House Committee on Oversight and Government Reform

Charles Grassley, Ranking Member, Senate Committee on the Judiciary

cc: The Honorable Elijah E. Cummings, Ranking Member, House Committee on Oversight and Government Reform

The Honorable Patrick J. Leahy, Chairman, U.S. Senate Committee on the Judiciary

UPDATE: Bob Owens at Confederate Yankee is reporting that the no. 5 guy on the list, Deputy Assistant Attorney General Kenneth Blanco is being set up to be the probable “fall guy” for Operation Fast and Furious.

The primary reason, as it always is with anything involving Holder and Obama, is politics. Blanco is not the politico that his superiors are, which is strike one. they look out after theri own, and while Blanco is career, he isn’t apparently an Obamite. He is apparently a decent human being and competent DAAG, according to the source. That’s two strikes against him in an organization as corrupt and politicized as the highest levels of Justice.

Blanco’s third strike happens to be the fact that he was the signing authority that authorized the wiretaps for Fast and Furious.

Let’s hope that like another (formerly) designated fall guy named Kenneth, Mr. Blanco goes to see Chairman Issa with his own attorney.

Quote Of The Day

Those defending the new ATF multiple-rifle reporting requirement for the Southwest border states say it will give law enforcement another (needed) tool with which to fight straw purchases and gun smuggling to Mexico.

Mike Vanderboegh at Sipsey Street Irregulars who broke the story on Project Gunwalker with David Codrea has this to say about the need for new “tools”.

Ironic, ain’t it? It is as if the ATF is admitting that it was incompetent (deliberately or otherwise) in the Gunwalker Scandal and was having trouble keeping track of their cartel straw buyers so now they insist that the FFLs who previously tried voluntarily to help them, now must help them.

When the idea was first proposed, many ATF agents on CleanUpATF.org noted they were already drowning in paper and this would just make it even worse. If anything, it would cause information overload and induce decision paralysis.

Grassley On New Reporting Requirement

Sen. Chuck Grassley (R-IA) was the first person in Congress to bring attention to Operation Fast and Furious and continues to push for answers to this day. Along with Darrell Issa and their respective staffs, he probably understands as much about Project Gunwalker as anyone. So when he comments on the new ATF requirement, it is with an in-depth understanding of the issue.

New Reporting Requirements for Federal Firearms Licensees on the Southwest Border

Senator Chuck Grassley, Ranking Member of the Senate Judiciary Committee, gave the following comment after it was announced by the Justice Department that Federal Firearms Licensees along the Southwest Border would be required to report multiple long gun sales. The Judiciary Committee has primary jurisdiction over policy related to the Justice Department. Grassley is also leading an investigation into the risky strategy employed by Bureau of Alcohol, Tobacco, Firearms and Explosives to allow guns to be sold to straw buyers and then watch the guns be transported to third parties without following the guns.

“We’ve learned from our investigation of Fast and Furious that reporting multiple long gun sales would do nothing to stop the flow of firearms to known straw purchasers because many Federal Firearms Dealers are already voluntarily reporting suspicious transactions. In fact, in just the documents we’ve obtained, we are aware of 150 multiple long guns sales associated with the ATF’s Fast and Furious case, and despite the fact that nearly all of these sales were reported in real time by cooperating gun dealers, the ATF watched the guns be transported from known straw purchasers to third parties and then let the guns walk away, often across the border. This makes it pretty clear that the problem isn’t lack of burdensome reporting requirements. The administration’s continued overreach with regulations continues, and is a distraction from its reckless policy to allow guns to walk into Mexico.”

NRA Response To Multi-Rifle Reporting Requirement

The NRA-ILA issued this response to the DOJ’s new reporting requirement.

NRA Statement on Obama Administration Decision to Require Rifle Sales Reporting

$40 billion transnational criminal enterprises don’t fill out paperwork and are not deterred by paperwork violations. This is a blatant effort by the Obama administration and ATF to divert focus of Congress and the general public from their gross incompetence in the Fast and Furious scandal. This scheme will unjustly burden law-abiding retailers in border states. It will not affect drug cartels and and it won’t prevent violence along our borders. ATF and the Administration lacks the statutory authority to do this and the NRA will file suit as soon as ATF sends the first demand letters.

-Chris W. Cox, executive director, NRA-ILA

Hey! I Know That “Online Journalist”

Mike Vanderboegh was interviewed for a report on FoxNews that appeared on Special Report with Bret Baier this evening. He discussed the expansion of Project Gunwalker to Tampa and Houston. Mike appears at the :48 mark and the 1:21 mark. From what Mike said on his blog, his actual interview was a half hour and it was distilled down to this.

Rather than identifying Mike as a blogger, the caption under his name was “Online Journalist”. Whatever floats Fox’s boat. While I think blogger is a perfectly good and honorable title (and one I like), if I had to choose a fancy title for myself I think I’ll go with “Online Commentator”.

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