Government Still Doesn’t Want To Discuss Fast And Furious

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There are things that the US Government doesn’t want discussed in open court and Operation Fast and Furious is one of them. This is true even in a criminal trial against a cartel boss. The cartel boss is question is Joaquin Archivaldo Guzman Loera aka El Chapo of the Sinoloa Cartel. Perhaps I should say that the government especially doesn’t want to have any discussion of Operation Fast and Furious in a case involving the cartel which received the firearms.

Guzman was extradited to the United States in 2017 and is now on trial in US District Court for the Eastern District of New York. Judge Brian Cogan, a George W. Bush appointee, is the presiding judge in the case. Guzman’s attorney is A. Eduardo Balarezo. He is a criminal defense attorney who handles Federal cases involving high profile defendants like Guzman. The prosecution team is headed by Richard Donoghue who is the US Attorney for the Eastern District.

The government has filed a motion in Limine to exclude questioning about Operation Fast and Furious. They are contending it will confuse the jury and prejudice the government’s case against Guzman.

The defense strategy is transparent. Given the substantial number of articles
that have been written about the Operation, many of which criticize the government’s handling
of the movement of weapons from the United States into Mexico, the defense is attempting to
use the well-known operation to place the government on trial. While the government will
seek to introduce at trial seized weapons that had been identified by ATF agents within the
scope of the Operation,1 any details about the Operation itself are completely irrelevant to the
issues at trial under Rule 401 of the Federal Rules of Evidence and should be excluded on
those grounds alone.
To the extent that the details of the Operation are in any way relevant,
pursuant to Federal Rule of Evidence 403, any minimal relevance would be greatly outweighed
by the substantial risk of misleading the jury and unfair prejudice against the government.



The government respectfully seeks a ruling at this time precluding any further
mention of the Operation, and in so doing, incorporates by reference its previous arguments in its Motions in Limine, Dkt. Nos. 213, 326. In light of the extensive reporting on the Operation,
repeated references to the Operation in defense cross-examination questions create a
substantial risk of tainting the jury, even if government objections to the questions are
sustained by the Court and the witnesses are not required to answer the objectionable questions.

Judge Cogan had denied an earlier attempt to exclude this under the grounds that it was premature. From what I can tell, he has not ruled on this attempt to exclude this from being heard by the jury. Many of the orders are either restricted or under seal and cannot be seen by the general public, i.e, me and thee.

The New York Daily News is reporting on the trial including the motion by the government to exclude this information. Like most of the mainstream media, they are still referring to it as a “botched sting” operation. As Kurt Hofmann wrote over seven years ago, the only thing botched was the cover-up. It was true then and it is still true today.

It’s About Time DOJ Released These Docs

The Department of Justice announced today that it had entered into a conditional agreement with the House Oversight and Government Reform Committee to release the documents it has been withholding for six years related to Operation Fast and Furious.

From the DOJ release:



Today, the Department of Justice entered into a conditional settlement agreement with the House Committee on Oversight and Government Reform and will begin to produce additional documents related to Operation Fast and Furious. The conditional settlement agreement, filed in federal court in Washington D.C., would end six years of litigation arising out of the previous administration’s refusal to produce documents requested by the Committee.

In announcing the settlement, Attorney General Sessions said:

“The Department of Justice under my watch is committed to transparency and the rule of law. This settlement agreement is an important step to make sure that the public finally receives all the facts related to Operation Fast and Furious.”

It is a shame that Mike Vanderboegh did not live to see this after all the effort he and David Codrea put in to getting the story out to the public.

It’s Been Over 7 Years And DOJ Is Still Stiffing The Terry Family

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The family of slain Border Patrol Agent Brian Terry has been waiting over seven years for the Department of Justice to release documents related to his death. As this tweet by former Congressman Jason Chaffetz (R-UT) makes clear, they will have to keep waiting.

That Attorney General Jeff Sessions continues to hide the role of the Department of Justice in the death of Agent Terry is unconscionable. It was what we expected from his predecessors. Frankly, for this and so many more reasons, it is time for Sessions to be sent home to Alabama.

The Terry family was promised back during the presidential campaign by Donald Trump he would get them justice.

They are still waiting.

If you would like to send a message to Attorney General Jeff Sessions, here is the link.

David Codrea On Robert Mueller And Gunwalking

David Codrea along with the late Mike Vanderboegh were the two independent journalists who helped bring Operation Fast and Furious to the light of day. I doubt there is anyone around today who has a better knowledge of it than David. Thus, it was with great interest that I saw a post by David at Ammoland.com asking about former FBI Director Robert Mueller’s role in the affair.

The key part:

He (Mueller) was asked to stay on beyond his 10-year term by Barack Obama, curiously just as things were starting to heat up on the Operation Fast and Furious investigations by the Senate Judiciary Committee and the House Committee on Oversight and Government Reform. “Gunwalking” and the Brian Terry murder took place on his watch, and Mueller’s FBI, with its confidential informants being tracked as suspects by ATF, was up to its neck in things.


Outrageously, there is no reason to expect Congress to be any more successful at exposing the full truth than they have been so far at holding Eric Holder accountable for his Fast and Furious obstruction. Nor, as we see from the preponderance of agenda reporting, lies of omission and outright fake news can establishment media be relied on. As with the original Fast and Furious reporting, expect new revelations to come from independent efforts while those with the mass reach fall back on deliberate indifference and hoping not too many notice.

 David notes that Mueller condemned the Supreme Court’s decision in DC v. Heller. It may be just a coincidence and it may be that Mueller along with Eric Holder was helping to pull the strings. We just don’t know. However, I will say that David rarely speculates without substantial evidence in hand.

David goes on to add that an independent film that had been shelved dealing with Operation Fast and Furious is being resurrected.

See David’s post for the complete story on the film and on Mueller.

Fast And Furious Revisited

Sharyl Attkisson had a story this morning on her Full Measure news show about Operation Fast and Furious and BATFE Senior Agent John Dodson. Since it isn’t syndicated in all markets, I have embedded it below.

As I watched her interview with Agent Dodson, I was struck by a few things. First, Dodson is a brave and ethical man. He is still with the Bureau of Alcohol, Tobacco, Firearms, and Explosives despite all the crap thrown his way by his own agency. He has been transferred 11 times in the six years since he blew the whistle on Operation Fast and Furious. It is obvious that the powers that be in BATFE – who just happened to be in positions of power six years ago – want him gone. Dodson has gone into some detail about his experiences in his own book over the scandal.

Second, I am aghast that the Department of Justice under President Trump and AG Sessions has not seen fit to release all the documents sought by the House Oversight and Government Affairs Committee. I have to hope that the reason the documents haven’t been released is because the issue hasn’t been brought before Sessions himself. If I remember it correctly, Jeff Sessions and his staff were some of the first people approached by the late Mike Vanderboegh regarding the gunwalking.

Third, the Deep State exists. There are still people in positions of power who are working tirelessly to retaliate against whistleblowers like John Dodson and to continue submerging the truth about Project Gunwalker aka Fast and Furious. Until these people are rooted out and dismissed, I doubt the full truth will ever be known.

Earlier this month, the House Oversight and Government Affairs Committee released another report which dealt with the obstruction of Congress by the DOJ with regards to Operation Fast and Furious. The report concluded that there were failures (1) to provide answers to the Terry family, (2) there was a failure to objectively gather the facts, (3) there was a significant lack of respect for Congressional oversight, and (4) that former Attorney General Eric Holder’s priorities were politics and spin.