ATF – Circling the Wagons

In my earlier posts on Andrew Traver, I referred to a website and forum run by dissident ATF agents upset with the mismanagement and corruption within BATFE called CleanUpATF.org. The comments from these agents who know or had worked with Traver was that he a nice guy but out of his league as a manager.

That was then and this is now. It looks like even those who were his harshest critics within ATF are circling the wagons and supporting Traver.

The comments from earliest to last:

A new ATF Director has finally been nominated. As expected, the Chicago SAC has been given the nod and officially nominated to the position. The change in leadership is long overdue. We can only hope he will lead this agency into the future and not into the ground, like the last few folks. Also, we can hope that he cleans house in SOD, starting with the Chief and his little shadow, the newly promoted Deputy Chief. Maybe we can get back to the basics and support the everyday working agents out on the street. Please carry this agency into the future.

Don’t get your hopes up. This is all smoke and mirrors. DOJ and the White House have never really tried to find someone for director. Traver is all they half-heartedly put together. He will never pass confirmation. My bet is that he gets a hold put on his nomination within a week.

I would encourage all of us to give Traver our support. He deserves the benefit of the doubt. He has a massive mess to clean up but lets hold out hope that he can do it. He deserves a chance to succeed. There is not much patience left out there so no doubt he does needs to go to work quick.

I think we’ll find out pretty quick if he is the real deal. If the White House put him in the Director’s chair just to keep a seat warm and fend off the critics, we’ll see that immediately. If he comes in and makes moves and decisions and improvements then he’ll do everything that Melson couldn’t or wouldn’t and likely be embraced. I am a little amazed that they left Traver all this baggage that his predessors created but time will tell if he can man up and get things working again. I will say this, if he doesn’t move quick then he’ll be in trouble. The men and women of ATF need results now. If he drags his feet he is going to be viewed as another Truscott-Sullivan-Melson DOJ lap dog. Good luck Traver, bring us back please.

Did he ever remove that ASAC who purchased the Cadillac?

If his first decision is to appoint Martin DD, he’s already lost. Probably trying to fly under the radar, the U. S. Attys office released (over the weekend) that the big NEUTRALITY ACT case Martin supported and solf the Director on, has been dismissed. They did not mention the ONLY thing seized in that huge caper, THE BLACK RHINO HORN. Yes it got Martin press and yes he wasted an entire squads resources and yes he seized NO GUNS. I guess the good news is that he allow us to blow $235000+ like he did on the OTHER big wire case. Great Job.

I think we owe Traver a chance and not be quick to pre-judge. We all ponder what we would do different if we were to replace our boss. Traver is a well educated man and I have to believe that he has seen the decline of this agency over the last few years. Lets give him the benefit of the doubt that he is well intentioned, will seek good counsel, learn from past mistakes and focus on mission. It is about time we have a cop at the helm, the lawyers have proved inadequate and incapable of decision making.

We have NO choice but to give him a chance. Its the right thing to do. BUT He only gets SO LONG to say, “I inherited these problems” before he too will be held accountable. This is OUR Bureau too.

Work fast Mr. Traver. We want you to have success and be a great Director but you have to work fast. Stop the trainwreck and you will be the peoples champ.

One of the first rules of any bureaucracy is that intense infighting is allowed and even encouraged. However, any attack from outside the organization must be resisted at all costs even if it is aimed at someone you despise.

The Devil Is In The Details

On Friday, the NRA-ILA sent out a Grassroots Alert on the recent Department of Justice Inspector General’s report on ATF and Project Gunrunner. As many are aware, the OIG’s report criticized the effectiveness of ATF’s Project Gunrunner. Great attention has been put on this report by the media and by bloggers with reference gun traces and the smuggling of firearms from the U.S. to Mexico. I did a post on this on Wednesday urging people to read Marko Kloos’s response to the BBC’s take on the report.

However, the NRA-ILA’s Grassroots Alert deals with an item embedded in the document that hasn’t received much attention. That is, a proposal to make multiple long-gun purchases within a 5-day period reportable to the ATF. Currently, only multiple handgun purchases are required to be reported to the ATF per the Gun Control Act of 1968 (18 U.S.C. § 923(g)(3)). The multiple purchases of handguns that must be reported can take place at one time or any time over a period of five business days.

Let’s examine the report to see what the DOJ IG and the ATF had to say on this. First, from the Executive Summary:

We also found that while reports of multiple sales of handguns produce timely, actionable investigative leads for ATF, the lack of a reporting requirement for multiple sales of long guns – which have become the cartels’ weapons of choice – hinders ATF’s ability to disrupt the flow of illegal weapons into Mexico. p.iv.

From Part II: ATF Firearms Trafficking Intelligence and Information:

The Gun Control Act requires that gun dealers report multiple sales of handguns (defined as two or more handguns sold at once or during any 5 consecutive business days) to ATF.50 As discussed below, these multiple sales reports provide ATF with timely, actionable leads that can enable it to more quickly identify suspected firearms traffickers and disrupt their operations.51 However, gun dealers are not required to report multiple sales of long guns to ATF.52 Because long guns have become Mexican cartels’ weapons of choice, multiple sales reporting has become less viable as a source of intelligence to disrupt the illegal flow of weapons to Mexico. p.36

Multiple sales of long guns are not subject to the same reporting requirements as handguns. Yet, long guns have become the Mexican cartels’ weapons of choice. p.37

Because reporting multiple sales of handguns generates timely, actionable investigative leads for Project Gunrunner, and because long guns have become Mexican cartels’ weapons of choice, we believe that the reporting of multiple sales of long guns would assist ATF in identifying firearms trafficking suspects. Our analysis shows that many long guns seized in Mexico have a short time-to-crime and were often a part of a multiple purchase. We therefore believe that mandatory reporting of long gun multiple sales could help ATF identify, investigate, and refer for prosecution individuals who illegally traffic long guns into Mexico. p.39-40

Recommendation

We recommend that ATF:

2. Work with the Department to explore options for seeking a requirement for reporting multiple sales of long guns. p.40

From the Conclusion and Recommendations:

In this report, we make 15 recommendations to ATF to help improve their efforts to combat firearms trafficking from the United States to Mexico. Specifically, we recommend that ATF…Work with the Department to explore options for seeking a requirement for reporting multiple sales of long guns. p.94

 And finally, from Appendix V: The Bureau of Alcohol, Tobacco, Firearms, and Explosives’ Amended Response which was sent by Kenneth Melson, Deputy Director (currently the highest ranking official in the ATF and former Acting Director). Listed under ATF’s response to OIG’s recommendations is this:

2. Work with the Department to explore options for seeking a requirement for reporting of multiple sales of long guns.

ATF concurs, but notes that this may require a change to the Gun Control Act which is beyond ATF’s and the Department’s authority. ATF will explore the full range of options to seek information regarding multiple sales of long guns. p.108

One wonders what are the “full range of options” that Mr. Melson plans to explore. Will they come up with a “voluntary” plan to have Federal Firearms Licensees send that data to ATF? And what happens if a FFL does not “voluntarily” report multiple sales of long guns? Will their annual inspection be that much tougher or will there be showcase raids of gun dealers who are “suspected of trafficking” in guns to the Mexican drug cartels?

As to long guns being the firearm of choice of the narco-terrorists south of the Rio Grande, I have no doubt. As trainer Clint Smith says, you carry a handgun to fight your way back to the rifle you shouldn’t have put down in the first place. That said, I would wager house money that most of their arsenals come from just that – a Mexican Army arsenal. Or a Venezuelan Army arsenal courtesy of Hugo Chavez.

I don’t know about you but I can think of a few times when I would have been reported to ATF for multiple long gun purchases within a 5-day period. For example, I’ve been to local auctions where I got lucky and won multiple bids. I don’t think the Mexican drug cartels are interested in Savage Model 1921’s in .250-3000 Savage or Mannlicher-Schoenauer Model 1910’s in 7×57 but both would have been reported to the ATF under the OIG’s proposal which has the ATF’s concurrence.

Enough is enough. It is time to nip this in the bud.

ATF, the US, and Mexico

The Department of Justice Inspector General released its report on the ATF’s Project Gunrunner this week and the anti-gun media has jumped on it. As might be expected, the impression they seek to give is that virtually every weapon at the disposal of the narco-terrorist drug cartels is being smuggled across the border from the U.S. to Mexico.

Marko at the Munchkin Wrangler has done a great job in pointing out the lies, half truths, and other evasions in an article that the BBC published on the DOJ IG’s report. I urge you to go read his post on this. It is a great read.

The Mexican Gun Story …Again

As SayUncle notes, we haven’t heard about guns in Mexico in a while. We have ABCNews to thank for pushing the story again.

In a story breathlessly headlined, “Mexican Crime, American Guns”, they talk about a “shocking new report” that has been obtained by ABC News. They “obtained” the report from Bloomberg’s Mayors Against Illegal Guns. You can “obtain” it, too on the MAIG website here.

The study, based on Bureau of Alcohol Tobacco and Firearms (ATF) data and prepared by the advocacy group Mayors Against Illegal Guns, shows that three out of four guns used in crimes in Mexico and submitted for tracing were sold in the four U.S. states that border Mexico. (emphasis mine)

The key in all of this data is just which guns are submitted for tracing. The Mexican government is not going to submit the M-16s stolen or sold to drug cartels by the Mexican Army for tracing. This would show that the weapons were originally sold to Mexico under the Foreign Military Sales program. They are not going to submit the AK-47s that the cartels obtain from countries such as Venezuela as that would obscure the story that they are trying to promote. So while the average American is led to believe it is AR-15s and AK-47s submitted for tracing, it is more likely an old H&R Topper single shot 12 gauge that has been cut down.

When you use as the basis of your story a report that is entitled by the gun control organization’s authors as an “issue brief”, you are just as complicit in pushing an agenda as the gun control organization.

A couple of notes on the report itself. First, by using export rates, MAIG can skew the data to make it look like California with their restrictive gun laws is less of a problem than other border states with more relaxed laws. In reality, in 2009, more guns were traced to California than to Arizona, New Mexico, and Florida combined. Using “export rates”, they list Arizona as the “worst” state and California comes in at number five instead of number two.

Second, the efforts by Bloomberg and his allies to weaken the Tiarht Amendment are what allowed ATF to provide this information to MAIG.

The data analyzed in this report was provided by ATF to Mayors Against Illegal Guns on March 4, 2010. Until 2007, this data was not available because Congress had implemented restrictions, known as the “Tiahrt Amendments,” which prohibited ATF from releasing crime gun trace data. However, in 2007 and 2009, after national campaigns by Mayors Against Illegal Guns and over 30 police organizations, Congress relaxed these restrictions on sharing crime gun trace data. Although there are still significant restrictions on the use of ATF crime gun trace data, the recent reforms allowed ATF to provide the data set that is the basis for this report to Mayors Against Illegal Guns.

Providing aggregate level data is one thing. However, this reports shows that individual level data still needs protection from fishing expeditions by Bloomberg and his allies. With Todd Tiarht leaving Congress at the end of this term, we will need to be wary of attempts to weaken the Tiarht Amendment further.

I Don’t Believe in Coincidences When it Comes to ATF and Obama

On August 3rd, the Brady Campaign released a report chastising Obama for lack of leadership on gun issues. They specifically criticize him for not naming a Director for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Eighteen months into his presidency, Barack Obama has left vacant the critical position of Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) – the agency charged with enforcing federal gun laws. President Obama’s failure to fill this crucial position is part of a continued lack of leadership on gun policy from the White House and an abdication of the President’s responsibility to protect families and communities from gun violence.

The failure to nominate an ATF director for over a year and a half is unprecedented and threatens our nation’s ability to combat gun crime and trafficking that arms criminals and terrorists. No other President has allowed this critical position to remain vacant for so long.

The next day, Al Kamen in his In The Loop column for the Washington Post,  floats the name of Andrew Traver, Special Agent In Charge of the Chicago Field Office of ATF. Kamen notes,

If approved, Traver would be the first-ever Senate-confirmed ATF director. The position had been filled (at the Treasury Department and more recently at Justice) without Senate input. Since it became Senate-confirmable in 2006, seems no one has made it past the watchful eyes of the gun lobby.

Kamen was named as one of the 50 best journalists in Washington by the influential Washingtonian Magazine. They note “The top reporter on the region’s top employer–the federal bureacracy–Kamen and his In the Loop column often seem to know what’s going on in government better than the Office of Management and Budget.” If you are going to leak the name of a potential nominee, who better to give it to?

The Ticklethewire.com website which covers Federal law enforcement also noted the possible nomination of Traver. They said their sources indicated that Traver had expressed an “intense interest in the job” and that two members of the Illinois congressional delegation had written letters in support of him for the job.

Then they add this recommendation for Traver,

“He’s an experienced special agent with more than 20 years,” former ATF official James Cavanaugh, who recently retired after 33 1/2 years with the agency, told ticklethewire.com. “He’s a good leader. He’s quiet. He’s strong. He certainly has the battle scars of law enforcement and law enforcement command.”

“I think he would be a good pick because he’s not a political person.”

That would be James “Waco Jim” Cavanaugh who is endorsing Traver and to his suggestion that Traver is not political, I say bullshit. One does not get to be the SAIC of a major ATF field office without being something of a politician. That goes doubly true when you are talking about a city like Chicago run by anti-gunners.

I noted another blog mentioned Traver as the possible ATF Director on July 3rd. On July 28th, I noticed someone from the U.S. Department of Justice had read that story on this blog. They had used a Google search with the key words “andy traver atf and joyce foundation”. You can see the Sitemeter screen capture here.

As I said in the title of this post, I don’t believe in coincidences. You have the Bradys criticizing Obama for not naming a Director for ATF and then the next day it is leaked that Andrew Traver is considered the leading candidate. Barely a week earlier, someone from DOJ was checking out my blog to see what had been written about Traver. I think someone in the Obama Administration or DOJ is either floating a trial balloon to see if they get any flak or they are signaling to the Bradys that they are about to appoint a strong anti-gunner as head of ATF.

Traver’s ties to the Joyce Foundation and anti-gun politicians will be left to a latter post.

Exporting Guns to Mexico Canard

David Ignatius, in an op-ed in today’s Washington Post, says the gun lobby is holding Mexico hostage. Forgive me but I thought it was the drug cartels and narco-terrorists that were doing this.

Ignatius blames both the Arizona illegal alien law and the lack of a permanent director for ATF on the gun lobby. I know it is a stretch but that is what the Washington Post pays him to do. He claims that Arizona enacted SB 1070 because it was concerned about the violence from the Mexican drug cartels who in turn get their guns from the US which is because we have such lax gun laws which in turn are because Congress and the Obama Administration are afraid of the gun lobby. I’m sure we can all see the logic there. Not!

Likewise, there is no permanent director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives because the Administration is not willing to take the heat of a confirmation hearing. Ignatius follows this with the obligatory quote from Paul Helmke of the Brady Campaign.

“The absence of a chief has hamstrung ATF’s ability to aggressively target gun trafficking rings or corrupt firearms dealers and has demoralized its agents,” Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, wrote in a June 10 letter to Obama. Nearly two months later, the job is still empty, and there are no leading candidates.

Obviously, neither Ignatius nor Helmke saw my post on Andy Traver despite the fact that someone at DOJ was doing a Google search and found it. Nor have they ever gone to the website CleanUpATF.org where the demoralization of ATF field agents is usually traced to incompetent managers and the Office of Legal Counsel.

The rest of the op-ed goes into all the usual (and fallacious) arguments about 80% of confiscated weapons come from the United States, etc.

I guess it is worth reading if you have been suffering from low blood pressure lately and need a boost. Gun owners who have hypertension should avoid it at all costs.