That Didn’t Take Long

It was only yesterday that Chris Cox of the NRA-ILA called upon the House Judiciary Committee to hold an expedited investigation into Operation Fast and Furious (aka Project Gunwalker). By last night, Rep. Lamar Smith and 13 Republicans on the House Judiciary Committee released this statement regarding the letter they sent to Attorney General Eric Holder with a demand for answers.

Republicans Want Answers on ATF Gun Trafficking Program

Washington, Mar 9 –

Chairman Lamar Smith (R-Texas) and 13 Republicans on the House Judiciary Committee today sent a letter to Attorney General Eric Holder regarding recent allegations that ATF may have been complicit in the illegal transfer of firearms into Mexico. The members requested information regarding the Phoenix-based program known as “Fast and Furious,” which according to reports intentionally allowed straw buyers for criminal organizations to purchase thousands of guns so that ATF could track them across the border.

Smith and the members criticized ATF’s alleged actions saying, “We find it ironic that the government allowed guns to be trafficked into Mexico as part of a program designed to stop guns from being trafficked into Mexico. We are also troubled that ATF engaged in activities that may have facilitated the transfer of guns to violent drug cartels while simultaneously attempting to restrict lawful firearms sales by border-area firearms dealers.”

According to the Center for Public Integrity, ATF allowed nearly 2,000 guns—valued at over one million dollars—to cross the border to known criminal organizations. Two of the guns from the program were found at the murder scene of Customs and Border Protection Agent Brian Terry in December.

The Department of Justice has requested that the Inspector General investigate the allegations. But more questions for the Department remain, including who authorized and directed the program.

While it doesn’t ask about the ATF and DOJ responses to earlier questions from Sen. Chuck Grassley, it is a start.

HjC Gunrunner Letter

NRA-ILA Calls For Expedited Congressional Hearings Into Project Gunwalker

Chris Cox, Executive Director of the NRA’s Institute for Legislative Action, called for expedited Congressional hearings in the Operation Fast and Furious (aka Project Gunwalker) scandal.

NRA-ILA Executive Director Chris W. Cox Calls for Expedited Hearings into BATFE Investigative Tactics

Wednesday, March 09, 2011

On March 9, NRA-ILA Executive Director Chris W. Cox sent letters to key leaders in Congress calling for hearings to examine the firearms trafficking investigations tactics employed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Those tactics have allegedly allowed firearms to fall into the hands of Mexican criminal organizations, with the knowledge of the BATFE.

In the letters sent to House Judiciary Committee Chairman Lamar Smith (R-Texas) and Ranking Member, John Conyers (D-Mich.) and their counterparts in the U.S. Senate, Chairman Patrick Leahy (D-Vt.) and Ranking Member Charles Grassley (R-Iowa), Cox wrote that the BATFE project “reportedly allowed over 2,000 firearms to be sold to individuals already linked to Mexican drug cartels. Many of those transactions were reported as suspicious by the licensed firearms dealers themselves, but BATFE reportedly encouraged them to proceed with these sales, which the dealers would otherwise have turned down.”

Cox also called on the committees to look into the BATFE responses to inquiries about these suspect programs, stating “Any investigation should also examine the responses by the BATFE and the Department of Justice to earlier congressional inquiries about the ‘Fast and Furious’ program.”

The letter to House Judiciary Chairman Lamar Smith and Ranking Member John Conyers is below. If you will remember a few days ago, Judge Andrew Napolitano said on Fox News that  it was essential to have the House investigate this scandal as the Republicans control that house of Congress.

NRA Letter to Senate & House Leaders Regarding the BATF Gun Runner Scandal

The Washington Post Is Finally Heard From

It has been almost three months since Border Patrol Agent Brian Terry was murdered on the U.S.-Mexico border. It has been over one month since Sen. Chuck Grassley went public with his concerns about ATF allowing guns to “walk” unmolested across the border which were then used to kill Agent Terry. During this whole time, while David Codrea and Mike Vanderboegh have been working to get this story the attention it well deserves, the Washington Post has barely mentioned it. This despite their months long series of articles called “The Hidden Life of Guns”.

Today, James V. Grimaldi deigned to finally cover the story in detail for the Washington Post. I guess after feature stories in the L.A. Times and Christian Science Monitor, multiple reports by Sharyl Attkisson for CBS News, CNN, and an in-depth report by the Center for Public Integrity this scandal could no longer be ignored without looking like (more of) a fool.

The article entitled ATF’s tactics to end gun-trafficking faces a federal review breaks virtually no new ground in its summary of the scandal. It does try to place the blame on “weak gun laws” and “investigative restrictions” for the tactics used by ATF managers to try and build a “big case”.

The controversy highlights the difficulty ATF agents face in complex cases against increasingly sophisticated gunrunning rings, said former and current government officials. Because of weak gun laws and investigative limitations imposed at the urging of the gun lobby, many gunrunning cases end with little more than paperwork violations against buyers who procure guns for others. Such so-called straw purchaser cases rarely amount to more than charges of lying on federal documents.

Sebastian at Snow Flakes in Hell does an excellent job of demolishing this argument by pointing out the penalties for “paperwork violations” which, by the way, are Federal felonies.

Not satisfied with glossing over what are Federal felonies, Grimaldi and the Post then call upon the anti-gunners favorite ex-ATF Special Agent “Waco Jim” Cavanaugh to help buttress their argument.

“There is no gun-trafficking statute,” said James Cavanaugh, a retired ATF supervisor. “We’ve been yelling for years that we need a gun-trafficking statute because these cases are so difficult to prove.”

This means that agents who want to make bigger cases must sometimes watch guns travel to criminals who use them in more serious crimes, such as drug trafficking.

Grimaldi, in a back-handed slap that would make Mark Potok of the SPLC salivate with joy, then acknowledges the work that that David and Mike have done bringing this scandal to light.

Anti-ATF bloggers sympathetic to the militia movement picked up the allegations late last year, dubbing the scandal “Project Gunwalker” and alleging ATF agents let guns “walk” to boost the numbers of U.S. weapons recovered in Mexico. The bloggers theorized that the ATF wanted high numbers to gain support for an assault-weapons ban.

It must suck to have a pair of middle-aged white guys with blogs just thoroughly beat you at your own job.

Grimaldi tries to defend the tactics used by ATF by quoting Andre Howard, owner of Lone Wolf Trading in Glendale, AZ, who cooperated with ATF in selling substantial numbers of AK’s to straw purchasers. Howard said “It appears that any state or federal agency charged with said tasks are damned if they do, and damned if they don’t.” Mind you, Howard was probably paid twice on the guns he sold. Once, by the straw purchasers and  second, by the ATF as I understand he was a paid Confidential Informant.

This was the same store Grimaldi tried to savage back in December when he identified them as No. 8 on the list of gun stores with the highest number of traces. At the time he said they couldn’t be reached for comment. He did add that “ATF officials said they have no indication that Lone Wolf is doing anything wrong or illegal.” I’m sure that if Howard was in the midst of allowing guns to go to Mexico at their behest that is exactly what they would say.

The question now is when the New York Times – the self-proclaimed paper of record – will see Operation Fast and Furious as “news fit to print”.

Napolitano – Not Aware Of Gunwalking Operation

In an unrelated hearing today before the Senate Judiciary Committee, Sen. Chuck Grassley had some pointed questions for Secretary of Homeland Security Janet Napolitano. It should be pointed out that before Napolitano was appointed to DHS, she had served as Governor of Arizona, Attorney General of Arizona, and US Attorney for Arizona. One would think that she would want to be kept apprised of what was going on in her old home state.

UPDATE: Prior to becoming the U.S. Attorney for the District of Arizona, Dennis Burke was a senior advisor to Janet Napolitano at the Department of Homeland Security. Given that Burke’s office worked with ATF on Operation Fast and Furious, I find it interesting that Napolitano claims to have no knowledge of such a big operation.

ATF “Gunwalking” Since 2008?

Sharyl Attkisson deserves an Emmy for the reporting that she has done on Operation Fast and Furious aka Operation Gunwalker.

In a report yesterday, she found that ATF has allowed guns to “walk” to Mexico since 2008. This time it was from the Tucson area and involved an estimated 450 firearms. It appears that the firearms dealers involved had serious concerns about the sales, reported them to ATF, and then were made paid confidential informants. The FFL’s then were encouraged to sell even more to the suspect buyers.

The ATF Special Agent in Charge of the area was William Newell. Mr. Newell is the recently appointed ATF attache in the US Embassy in Mexico City. CleanUpATF is reporting a rumor that the Mexican government will declare Mr. Newell a persona non grata and force his exit from Mexico.

Grassley Asks For Independent Investigation Into Project Gunwalker

Sen. Chuck Grassley (R-IA) is asking for an independent investigation into Operation Fast and Furious aka Project Gunwalker. He sent a letter yesterday to the head of the Integrity Committee of the Council of Inspectors General on Integrity and Efficiency asking that the Department of Justice’s Acting Inspector General recuse herself from investigation and that an independent Inspector General conduct the investigation into the scandal. Sen. Grassley does not believe that the DOJ’s Acting Inspector General can conduct an impartial investigation especially given they did not follow-up with Agent John Dodson until after being pushed to do so by Grassley’s office in February. Dodson had made his charges to the OIG in December.


Grassley Requests Investigation of ATF’s Fast and Furious Policy be Removed from the Justice Department Inspector General

WASHINGTON – Senator Chuck Grassley today said that he did not have confidence that the Justice Department Inspector General’s office could produce a report that the public would view as frank and unbiased in its investigation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) policy of letting guns “walk” along the Southwest border—a policy that may have contributed to the death of a U.S. Customs and Border Patrol agent.

In a letter today to Kevin Perkins, the head of the Integrity Committee of the Council of Inspectors General on Integrity and Efficiency, Grassley cited several conflicts that lead him to believe that the Office of the Inspector General at the Department of Justice cannot be seen as completely disinterested and independent.

“There are certainly better and more independent ways to conduct this investigation. To have an acting Inspector General’s office lead an investigation like this one just won’t pass the smell test,” Grassley said. “The fact that the Inspector General did not take this whistleblower’s allegations seriously enough to even call him back raises a lot of red flags for me.”

Grassley’s concerns outlined in his letter are:

1. The Inspector General position at the Justice Department is currently vacant. Any acting Inspector General is ill-equipped to take on an entrenched bureaucracy and challenge senior officials with tough questions.

2. The Justice Department Inspector General’s office was made aware of the allegations brought forward by ATF Agent John Dodson shortly after Customs and Border Patrol Agent Brian Terry’s death. The Inspector General failed to respond to Dodson’s numerous attempts to contact the office until Grassley’s staff notified the office.

3. ATF officials have cited an Office of the Inspector General report as one of the factors that prompted the shift to a riskier strategy of letting guns be trafficked rather than arresting straw buyers.

Grassley began looking into allegations brought forward by Dodson, and more than a dozen other ATF agents, after the Justice Department Inspector General failed to investigate. The agents indicated that their supervisors kept them from stopping gun traffickers with the normal techniques that had been successfully used for years. They instead were ordered to only watch and continue gathering information on traffickers instead of arresting them as soon as they could. In the meantime, the guns were allowed to fall into the hands of the bad guys even as agents told supervisors that it could not end well. Many of the guns have subsequently been found in firefights along the border, including a December 14, 2010 firefight where Terry was killed.

Grassley’s requests for information have gone unanswered about what transpired at the ATF and the Department of Justice during the time when Terry was killed and the policies instituted during Project Gunrunner that allowed guns to be sold to known straw purchasers and moved across the border without intervention.

White House – No Comment On Project Gunwalker

If the Obama White House thought they could avoid questions on Operation Fast and Furious (aka Project Gunwalker) and the ensuing scandal, they were sadly mistaken. Chip Reid of CBS News was the first to ask the question of the new White House Press Secretary Jay Carney. You can see video of the exchange here.

Q. CBS has been pursuing a story over the past week or so about gunrunning in Mexico — hundreds and hundreds of guns going into Mexico, with the knowledge of ATF. They had hoped it would lead them to the big fish, but it didn’t work. And there are two developments on that today. There’s an IG investigation been ordered at Justice. And Mexico has asked for whatever details the United States can provide on that. Do you have any comment on the story and on these developments today?

MR. CARNEY: Chip, I don’t. Obviously, as the President pointed out when he spoke here with President Calderón, we take the issue of the flow of guns south very seriously, as we do the issue of the flow of drugs north. And — but beyond that I don’t have any comments.

Q Is he aware of the specific allegation that —

MR. CARNEY: I don’t know.

Q — hundreds of guns went into Mexico with the knowledge of ATF?

MR. CARNEY: I don’t know, Chip.

If Carney thought that put the matter to rest, he was mistaken because a few minutes later he got another question on that same issue from Peter Maer of CBS News Radio.

Q. Following up on Chip’s questions about this gun strategy that the ATF was running — given the President’s strong statements about the southward flow of weapons when the Mexican President was here, would he condone an ATF plan that uses — in effect, uses guns as bait?

MR. CARNEY: Peter, I just don’t have anything for you on that except to point you to his statements about his concerns, our concerns about the flow of guns south. But this — for other questions about this story I would point you to the Department of Justice.

Q Just to confirm, you don’t have anything because you weren’t aware of this or —

MR. CARNEY: I just don’t have anything to add to what I just said.

Q Can you take that question and perhaps be able to elaborate on it for us in terms of —

MR. CARNEY: If there’s something I can find out about it, I will. But asking me a hypothetical about whether the President would or would not —

Q Oh, it’s not hypothetical. The program exists, or existed.

MR. CARNEY: I’ll see what I can find out about it.

UPDATE: The White House posts video of their press briefings on YouTube. I was able to excerpt the second round of questions on ATF and gunrunning.

Another Nation Heard From

So far the government of Mexico has been fairly quiet on Project Gunrunner aka “Fast and Furious” aka Project Gunwalker. While the Mexicans have blamed American guns on a regular basis for their problems as they descend into a narco-terrorist state, they have not said much of anything on Project Gunwalker.

They have now.

First reported on a Mexican website yesterday and subsequently by CBS and the BBC, the Mexican Ministry of Foreign Affairs (SRE) has made a formal request to the United States for the details of the “Fast and Furious” operation. The BBC says about the request:

In a statement, the Mexican foreign ministry said it would follow US Justice Department and ATF investigations into the operation with “special interest”.

“The aim of the governments of Mexico and the US is to stop the trafficking of arms on the basis of shared responsibility, and both sides are working to strengthen bilateral cooperation on this issue,” it said.

As has often been noted and CBS’s Sharyl Attkisson has reemphasized:

ATF sources tell CBS News that Mexican officials were intentionally kept in the dark for fear that they would jeopardize the controversial program. The strategy drew fierce criticism from federal agents ordered to employ it, including John Dodson. Dodson told CBS News that that letting guns “walk” endangered too many lives.

The Ministry of Foreign Affairs (SRE) posted a notice of their request on the SRE website in Spanish. If someone with better Spanish than me would like to translate it, I’ll be glad to post their translation. That said, even though I last took high school Spanish over 35 years ago I can make out the gist of it.

Posición ante reportes sobre la operación denominada “Fast and Furious” de la ATF

Sábado 05 de Marzo | Comunicado # 065 | México, D.F.

En relación con la información dada a conocer por diversos medios de comunicación estadounidenses y mexicanos sobre una operación denominada Fast and Furious conducida por la Oficina de control de Alcohol, Tabaco, Armas y Explosivos (ATF) del Departamento de Justicia de Estados Unidos, la Secretaría de Relaciones Exteriores manifiesta lo siguiente:

1. Se ha procedido a solicitar información detallada sobre este asunto a las autoridades estadounidenses.

2. El Gobierno de México seguirá con especial interés las investigaciones anunciadas tanto por ATF como por el Departamento de Justicia.

3. El objetivo de los gobiernos de México y de Estados Unidos es detener el tráfico de armas sobre la base del principio de responsabilidad compartida y ambos trabajan para fortalecer la cooperación bilateral en la materia. Dicha prioridad fue ratificada por los Presidentes de México y Estados Unidos el pasado 3 de marzo, en Washington.

Checking the State Department’s website, there is no word yet of any reaction to the Mexican Government’s request. That said, Mike Vanderboegh reports a rumor of a meeting today at the State Department to discuss the issue. I wonder if any undiplomatic language will be used at the rumored meeting.

UPDATE: The Washington Post is reporting this evening (March 8th) that legislators from all three major Mexican political parties are calling for a joint Mexican-US working group to investigate ATF’s Operation Fast and Furious. Moreover,

Congressman Humberto Trevino estimated Tuesday that 150 shooting injuries or deaths have been linked to guns that were allowed to proceed into Mexico as part of a U.S. effort to build cases against traffickers.

Grassley – “Like A Skunk At A Picnic”

Sen. Chuck Grassley (R-IA) released a statement Friday on Project Gunwalker and on ATF Agent John Dodson’s on-camera interview with Sharyl Attkisson of CBS News.

ATF Whistleblowers Question SW Border Strategy

Last night, for the first time an agent for the Bureau of Alcohol, Tobacco and Firearms (ATF) spoke publicly with CBS News and The Center for Public Integrity about his concerns that the agency he works for had knowingly let guns be purchased by straw buyers.

This whistleblower, and more than a dozen more ATF agents, tell me that their supervisors kept them from stopping gun traffickers with the normal techniques that had been successfully used for years. They were ordered to only watch and continue gathering information on traffickers instead of arresting them as soon as they could. In the meantime, the guns were allowed to fall into the hands of the bad guys, while the agents knew there was wrongdoing going on.

Many of the guns have subsequently been found in firefights along the border, including one firefight where Customs and Border Patrol Agent Brian Terry was killed on December 14, 2010.

The ATF agents who spoke with my staff warned their supervisors that this kind of risky operation would get someone killed. Tragically, they were right. The ATF clearly had plenty of information on the bad guys. The problem was that they didn’t act on the information they had.

I’ve been hounding the Justice Department and the ATF to come forward and be accountable to the American people and the family of Agent Terry. There remain unanswered questions about what transpired at the ATF and the Department of Justice during this time period and the policy that allows guns to walk. Up to this point, I’ve gotten nothing but stonewalling to my five letters. Federal officials have given both me and the Terry family the cold shoulder. And, to make matters worse, they’ve made this whistleblower feel like a skunk at a picnic for simply telling the truth.

My oversight efforts won’t stop. I’ll be looking for answers to my inquiries and working to get to the bottom of how the ATF could let guns be purchased by known straw dealers and then transferred across the border. That practice should have ended long before the death of a federal agent finally forced it into the light of day.