Dept of Justice

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Melson Out At ATF

August 30, 2011 by

The Department of Justice released this just a bit ago announcing that Kenneth Melson is being reassigned outside of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and that the U.S. Attorney for the District of Minnesota B. Todd Jones is being appointed the Acting Director. At the same time, DOJ has announced that Dennis Burke, the U.S. Attorney for the District of Arizona is leaving. More on that in another post.

It is interesting to note that Todd Jones will serve as both U.S. Attorney for Minnesota and as Acting Director of ATF. I would have thought they would have learned their lesson about a part-time Director after the experience of Michael Sullivan as both U.S. Attorney in Massachusetts and Acting Director of ATF. They didn’t seem to work out too well.

Department of Justice Announces New Acting Director of ATF and Senior Advisor in the Office of Legal Policy

WASHINGTON – The Department of Justice today announced the appointments of U.S. Attorney for the District of Minnesota B. Todd Jones to serve as Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and ATF Acting Director Kenneth Melson to become Senior Advisor on forensic science in the Office of Legal Policy (OLP).

“As a seasoned prosecutor and former military judge advocate, U.S. Attorney Jones is a demonstrated leader who brings a wealth of experience to this position,” said Attorney General Eric Holder. “I have great confidence that he will be a strong and steady influence guiding ATF in fulfilling its mission of combating violent crime by enforcing federal criminal laws and regulations in the firearms and explosives industries.”

Jones will continue to serve in the capacity of U.S. Attorney when he assumes the role of ATF acting director on Aug. 31, 2011.

A veteran of the Justice Department, Jones has served as U.S. Attorney for the District of Minnesota under two presidential administrations. He first served from 1998 to 2001. He was nominated again in 2009 by President Obama and has been in that role since being confirmed that year.

In 2009, the Attorney General appointed him to serve as chair of the Attorney General Advisory Committee (AGAC), a group of U.S. Attorneys appointed to advise the Attorney General on policy, management and operational issues affecting U.S. Attorneys’ Offices throughout the country. Jones previously served as a member, vice chair and chair of the AGAC from 1999 to 2001.

During his several years as a federal prosecutor, Jones conducted grand jury investigations and has been the lead trial lawyer in many federal prosecutions involving drug trafficking, firearms, financial fraud and violent crime.

Throughout his career, Jones has served as a partner with Robins, Kaplan, Miller & Ciresi (2001-2009); a partner with Greene Espel, PLLP (2001; 1994-1997); First Assistant U.S. Attorney for the District of Minnesota (1997-1998); and Assistant U.S. Attorney (1992-1994).

Following admission to the Minnesota bar, Jones went on active duty in the U.S. Marine Corps, where he served as both a trial defense counsel and prosecutor in a number of courts martial proceedings.

Jones received his B.A. from Macalester College in 1979 and his J.D. from the University of Minnesota Law School in 1983.

Melson will join OLP on Aug. 31, 2011, in his new role as senior advisor where he will focus on issues relating to policy development in forensic science.

“Ken brings decades of experience at the department and extensive knowledge in forensic science to his new role and I know he will be a valuable contributor on these issues,” said Attorney General Holder. “As he moves into this new role, I want to thank Ken for his dedication to the department over the last three decades.”

He is a past president and distinguished fellow of the American Academy of Forensic Sciences, and currently participates on behalf of the department on the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. He has been an adjunct professor at George Washington University for almost 30 years teaching both law and forensic science courses.

Melson was appointed acting director of ATF in 2009. Prior to that, he was director of the Executive Office for U.S. Attorneys and served several years in the U.S. Attorney’s Office for the Eastern District of Virginia.

Melson received his B.A. from Denison University in 1970 and his J.D. from George Washington University in 1973.

CNN also has a report up on this move which repeats the info from the DOJ release and adds some old info about Project Gunwalker.

Politico is also reporting on this move and have a reaction from Rep. Darrell Issa (R-CA), Chairman of the House Oversight and Government Reform Committee, who has been spearheading hearings into Project Gunwalker.

In a statement Tuesday, Issa said “the reckless disregard for safety” by the Justice Department “certainly merits changes” in personnel.

But the committee will continue to investigate Fast and Furious “to ensure that blame isn’t offloaded on just a few individuals for a matter that involved much higher levels of the Justice Department,” Issa said. “There are still many questions to be answered about what happened in Operation Fast and Furious and who else bears responsibility, but these changes are warranted and offer an opportunity for the Justice Department to explain the role other officials and offices played in the infamous efforts to allow weapons to flow to Mexican drug cartels.”

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If Melson Goes, What’s Next

June 20, 2011 by 4 Comments

I think that it is safe to assume that Kenneth Melson is on his way out as Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The testimoney on last Wednesday plus the documents released by House Oversight Committee Chairman Darrell Issa (R-CA) were the nails in the coffin of his short career with ATF.

Moreover, both the Wall Street Journal and FoxNews have reported that the Department of Justice is making moves to replace Melson as head of ATF. They are also reporting that Andrew Traver, SAC of the Chicago Field Division and nominee to be the Director of the agency, is expected to meet with Attorney General Eric Holder and Deputy Attorney General James Cole on Tuesday. Regarding Traver’s meeting with Holder and Cole, FoxNews says:

Officials at the Justice Department and the White House say it’s “speculative” to conclude that Traver’s arrival in Washington is a sign that the Obama administration is looking to oust Melson in the wake of the politically damaging operation.

But The Wall Street Journal, which was first to report Traver’s return, said sources indicated that the administration is weighing whether to name him as acting director or choose another interim chief while awaiting Senate action on his nomination.

This leads to three questions: When will Melson be ousted, will Melson roll on his Department of Justice superiors after he is thrown under the bus, and who will replace Melson as head of ATF?

I think the answer to the first question is soon. The Obama Administration has shown no hesitation to throw people under the bus when they have become inconvenient. According to his official biography, Melson has 28 years or so of Federal service starting in the U.S. Attorney’s Office for the Eastern District of Virginia. My guess is that he will announce that he has decided to retire.

As to the second question on whether Melson will roll on his DOJ superiors, I think it will depend upon whether any deals are made to assure that Melson does not face any criminal charges over Project Gunwalker and that he can keep his pension. By my estimate, he is looking at receiving close to $100,000 annually in pension income and that is probably a low calculation.

Given that Melson has spent the bulk of his career within the Department of Justice and has risen to the Senior Executive Service ranks, I think it is a reasonable assumption to make that he understands the ways of the DOJ bureaucracy and has low friends in high places with whom he has traded favors in the past. While his outward appearance is that of a bland functionary, he didn’t get to be the head of ATF and the Director of the Executive Office of U.S. Attorneys before that on talent alone. He had to do some political and bureaucratic in-fighting to get to that level. The question remains whether it is in his personal interest to take the politicians down with him when he leaves ATF.

Finally, who will be tapped to replace Melson? The obvious answer would be Andrew Traver. He is the nominee to be the permanent Director and a good performance as Acting Director might go a long way to removing some of the objections to him becoming the Director.

That said, the rank and file of ATF agents have given up on Traver. From some of the comments on CleanUpATF.org:

Traver can not lead this agency back. He has already lost any faith or hope by sitting silent. How can a person who is an SES SAC and been publicly named as our nominee sit through the last six months of this agencies events without a uttering a peep? Nothing. No one has heard a word from him. And you call that leadership? More like Rohm (sic) Emanuel’s buddy from Chicago is all that is. – “Microscope”

Now that our Bureau is totally defunct and dysfunctional, Melson leaves. Why is anybody even mentioning Travers’ name? He was trained and mentored by Martin, Billy, John Torres and is as non-inspirational as any of our leadership currently pending Congressional review. I defy any ATF employee to articulate Travers’ views or position on the current state of the Bureau. Whats his opinion? He doesn’t have one. He has sat on the sidelines watching the ship go down as the NOMINEE. He didn’t want to leave his gravy train in Chicago unless they confirmed him. That’s cowardly and self serving.

Not one peep out of him because he’s a politician, not a COP. He was a marginal Agent, a poor Supervisor and a worthless Manager. He’s in it for personal gain. Otherwise, why did he not demand to take the reins? I’ll tell you why, he was told to sit silent and stay out of the fray. Andy, when in command, command. He has an agenda, and there is NO room for agenda in ATF. Only MISSION. Leave the politics to the politicians. Gene Hackman said in the movie the “Replacements”, “Players want the ball”. Andy doesn’t want the ball until Obama and Holder say he can have it. Does that sound like a warrior? OUTSIDE Law Enforcement leadership is our only hope NO MORE Lawyers, and NO more ATF followers like Hoover, Melson, Chait, McMahon and the others. Crazy wiretaps under Martin that got zero guns off the street, but did seized one black rhino horn. No more lies to Congress or like legal, ethical conduct by counsel? No more Thomasson spins. Seriously, Scott? “Mr. Melson continues to focus on firearms violence and stemming the flow of guns.”?? Do you read that shit before you put it out?

Word is that Traver has been feverishly throwing together a NEW reorganization all weekend, but you can’t just reorganize and make this go away. And why would you, without having boots on the ground before you start knee jerking?

It’s all just SMOKE and MIRRORS. – “Doc Holliday”

Traver might be an improvement but he seems secretive, withdrawn and unimaginative. This is not my role model of somebody to lead us out of a very dark place. – “Valkyrie”

If the Obama Administration is smart, they will appoint a respected law enforcement official – retired Chief of Police or retired head of another Federal law enforcement agency – from outside of ATF to take over the agency as a caretaker while they begin to clean house starting with the Chief Counsel’s Office. Unfortunately for ATF, I don’t think they are that smart.

UPDATE: The Washington Post is reporting on the meeting scheduled today between Andrew Traver and DOJ officials. An official speaking anonymously states that Traver may be offered the job on an acting basis and that Kenneth Melson will be ousted.

The interesting part of the story is that other law enforcement sources report that Melson believes he has done nothing wrong.

But law enforcement and other sources said Melson has told associates that he believes he has done nothing wrong. Officials said the White House is watching the situation warily and is concerned about the ATF but has not asked for Melson’s resignation.

The conflicting reports reflected the troubled state of a small agency that enforces federal gun laws but is itself increasingly in the crossfire.

If Melson believes in his own mind that he has done nothing wrong then all bets are off about him leaving ATF quietly. In the past, the Obama Administration has depended upon loyalists making the sacrifice willingly to protect the President and the administration from more controversy. This could get very interesting very quickly and Eric Holder could end up being the loyalist thrown under the bus.

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The Devil Is In The Details

November 14, 2010 by

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.