ATF HQ'S Toilet terrorist task force
You can't make this up. ATF HQ is on a manhunt for the employee who is vandalizing their johns.
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Beyond belief
ATFE and FBI are in a turf war. Naw, never happens.
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Internal goings on at ATF
Reported by Clean Up ATF."
Always found it amusing the way many assume that the government is rational, objective, and unselfish in ways the rest of the US is not. Fact is you've got the same humans doing each job, and nobody should be surprised that many agencies work on promote your buddy, steer business toward your buddy, get rid of critics and whistleblowers, build your empire and the public be damned.
Minor example: in my Interior days, an issue arose regarding certain land (LOTS of land) on which the government had, in the 19th century, bought easements to run railroads thru. The contracts provided that if the land ever ceased to be used for railroads, the easement would end and the title revert to the landowner. The areas in question hadn't been used for railroads in decades, and the tracks and ties had been removed long ago.
But those lands would be just the thing for uniting hiking trails, and there was big kick on for creating some that run for hundreds or thousands of mile.
My gut call: a deal is a deal. The land reverts to the owners, Maybe talk to them and see if they'll convey it back to you for a modest sum
Interior call: let's see if we can cook up some argument that the potential that someday someone might want to rebuild a railway there is enough to let us keep it for use as a hiking trail.
Yup, utterly unselfish service to the public. I'm not denying that there are many areas where the federal government does tasks that could or would not be undertaken by private actors. I'm just saying it is unrealistic to pretend they are angelic. Expect them, like private actors, to undertake a task when it is in their best interest (i.e., they are suitably paid) and don't hand out power on the assumption they are saintly.
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The courtroom equivalent of "the dog ate my homework. Five times."
An interesting court transcript, from the Friesen prosecution. The prosecutor is trying to dodge and weave on why certain important documents were not disclosed to the defense, despite a court order, and neither the judge nor the defense attorney is giving him an inch of slack. "I'll go dismiss the jury for [sic--after] wasting their day. If I could sanction the government I would, but it would just be money out of the government's pocket for paying the government, but I don't want this to happen again." (No idea why he didn't sanction the individuals responsible, perhaps he just wanted to get the threat on the record in case he had to do it later).
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BATFE hierarchy largely empty
The NY Times reports that well over half of the Obama's Administration's appointive policymaking positions are are still empty, the slots filled with someone in an acting capacity.
I'm told ATF presently has an acting director, acting deputy director, and acting chief of staff.
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Major ATF incident
Stories here and here. Core event: Vince Cefalu, an ATF supervisor, and lead supervisor on the case, has testified that investigators perjured themselves to get a wiretap order, and that when he objected to this, he was taken off the case.
The article also cites to CleanUpATF.org, a very interesting website with very interesting data. I'd suggest taking a look.
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New acting head of ATFE
Kenneth Melson, who has been head of the Exec Office of US Attorneys, has been named acting director of BATFE. He comes from outside the agency, having been a Justice Dept attorney since 1983. On the side, he taught forensic science at George Washington U law school.
UPDATE: Yep, he sounds like a good guy. Problem with any bureaucracy, tho ... top guy is surrounded by people with years or decades invested in the status quo (which may include corruption, and always includes inefficiency). They control what reports he hears, what recommendations he gets, what options he hears about. At Interior, the Secretary gets nothing direct. In fact we once received written instructions not to talk to him if he called! All info must go thru the chain of command, being edited and manipulated at each stage. Even the Solicitor (head of about 400-500 people, out of the 70,000 in the department) was heard to complain that he was surprised at how powerless he was. If the bureaucracy dug in its heels, whatever reforms he wanted were undermined at many levels, people would just make sure he heard only certain info and knew only of certain options (info and options chosen so that only one option would be sane).
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SoF Mag expose'
I am informed that the issue of Soldier of Fortune magazine will cover a Dept of Justice Inspector General's report on ATFE deployment in Iraq. Gist of reports is that millions have been claimed in fraudulent overtime (as in everyone consistently reporting 16 hour workdays, 7 days a week, or everyone reporting 15.5 hour workdays).
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BATFE explosives ruling overturned
Summary and link to opinion here. Issue was whether a model rocket fuel crossed the line from "burns fast" into "explosive." Court gave the agency two tries at formulating and explaining its ruling, and it still couldn't get it right.
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Sullivan resigns as acting ATFE director
Story here. Pretty much inevitable -- he was a Repub. nominee who couldn't get confirmed.
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Software piracy ... by a government agency?
Allegations here.
It's not the first time.
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Inside information from BATFE
1. Deputy Director Edgar Domenech just got a government "golden parachute" out. It's impossible to sort out the internal politics involved, but he'd been demoted and said it was a result of exposing wasteful spending by the prior director. (GIven the byzantine politics of ATF higher levels, it's hard to sort out who is a whistleblower and who's back-stabbing, except that a lower level agent is always doing to be treated as the latter. Report fraud, waste, or abuse as a street level agent, and you're toast. Do it as a high enough guy to get WashPo coverage, and you have a shot).
2. The ATF director has just been given a report from the Inspector General that is pretty devastating. MAJOR screwups, their internal affairs refusing to check out complaints about those, etc.. So now offices are being told to generate favorable publicity, quickly, because this is going to get out sometime soon.
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How ATFE treats agents who pursue bad guys
I've got a copy of a Justice Dept Office of Inspector General report on a case--can't post it because it gives names and addresses, and I haven't the pdf editing capability to delete them. But here's a summary:
ATF agent goes deep undercover, pursuing some genuinely violent bad guys. I'm talking outlaw biker gangs, prison gangs, that manner of thing. The report doesn't say, but I assume it took years. It's not like you can look up the Aryan Brotherhood or Mexican Mafia in the telephone book and send a membership application and wait for their magazine to tell you about their illegal activities. He got in, built some cases. Prosecutions result and his cover is of course blown (you can't testify under your alias).
He runs into a member of one of the groups, and they tell him outright that the group has their eye on him, will get even, he is dead meat, etc.. He requests from his supervisor an emergency transfer. With one of those the person and family are moved immediately, to a good distance, and given new identities (down to a credit history under their new names, so no one can trace them that way).
His supervisor handles it as an ordinary, voluntary, transfer. As in, it'll take weeks for approval, if we do approve, you can be transferred nearby, no new identity. In the meantime other reports are coming in. An informant who shared a cell with a prison gang leader reports that he saw a list of men marked for "hits" and noticed the agent's name on it. Etc., etc.. It becomes apparent that not one, but two groups well-known for killing people are both out to kill him.
The transfer is not modified. It's still voluntary, agent is in one duty station and would like to move to another for personal reasons, and HQ will process when they feel like it.
Maybe prison gangs have their own bureaucracy ("as district chief, I can approve ordinary hits, but hits on LEOs have to be approved by the regional director") but he survives long enough to get his transfer. An ordinary transfer, no new identity, etc.. (And he probably paid for the moving expenses).
The IG report of course faults the agency for how it was handled. But I suspect the folks who bumbled it and came close to getting their guy killed suffered no more than temporary embarassment, and that the agent will be regarded by his superiors as a pain in the neck for having complained.
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ACLU suit against ATF?
Joe Huffman reports on it. A lady was driving around on April 19, 2006 (the anniversary of the Waco fire) with "remember the children of Waco" written on her windows, and got pulled over and questioned. At least from the description, it sounds like local police, rather than ATF, stopped her.
Ah, here's more. But not much more, and the link to the judge's order is inoperative.
UPDATE: comments have a good link to the judge's order. It appears that ATF asked local police to make the stop. One question to me is how the communication with the local ATF would have turned up that she had a CCW permit.
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ATF has trouble with its own records
Story here. An audit found that over a three year period the agency simply lost 75 guns and hundreds of laptops. About half of the guns were stolen, and two of these were used in crime. The rest simply vanished or are at any rate missing from inventory.
The last such audit was in 2002, and listed recommendations to cure the problems. But the latest audit, covering the five years since then, found that the rate of firearms going MIA went up by a factor of three, and the rate of laptops vanishing increased even more.
Of course the agency still expects FFLs' records to be perfect....
Reading the report itself: 5 of the stolen guns were never entered in the NCIC; all but a few dozen of the 418 missing laptops had no record of what was on them, and if sensitive data was lost (the agency did not start encryption until 2007); of the laptops that were examined in the here and now, a third were not encrypted despite the year-old policy, etc.
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Len Savage reprisals
Here's an article on the latest. Len is a firearm inventor and designer, who starting having serious problems with ATF Technical Branch after he testified as an expert witness against them several times.
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More on Red's Trading Post
They're relocating, since the city is buying its present location. Sounds as if they figure they'll stay in business.
Hat tip to reader Clark Myers
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Word of shakeups in ATF command
Word is circulating that a number of ATF supervisors, from field up to high HQ levels, Assistant Directors and such, are being effectively suspended (effectively, but without using that term) while higher powers look into their competence and allegations of abuse and/or fraud. The Inspector General is said to be taking a role, and some of those involved in matters like Red's Trading Post are under the microscope.
About time; I just hope it goes far enough. There's a lot of good agents out there, who're perfectly reasonable toward firearm owners and honest in their work. The problem is for decades the agency has overlooked the ones who weren't and too often promoted them. (It was esp. bad in the late 70s, when the driving force was producing arrests and seizures, so that the abusive guys were "getting results" and the reasonable ones were not -- and for bureaucratic reasons, including the fact that US Attorneys wouldn't prosecute, felon-in-possession case were useless).
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Tentative settlement in Red's Trading Post
Story here. Not much detail, and it sounds as if ATF is still running it up the chain of command for full approval.
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Possible limits on ATF "letter rulings"
Background: agencies are supposed to follow detailed rules when issuing a "regulation": publish a proposal in the Federal Register, receive public comment, then publish a final rule with preamble answering the major comments. Plus comply with the Paperwork Reduction Act, Regulatory Reform Act, etc..
They also issue informal rulings in specific cases, sometimes by letter. ATF technical issues rulings all the time -- this device is or is not a firearm or machinegun, etc.. In practice since these have internal precedent, they can be cited in future letter rulings. (Or as more than one person has found out, they can be completely changed, perhaps on a personal or arbitrary basis). They aren't opened for public comment, usually aren't cleared by any high official, and don't have to comply with the various reg. statutes.
The White House and OMB have started cracking down on these. Here's Exec Office of the President's guidance. Here's an Executive Order. And here's OMB instructions. (all are pdf) As I read them, they include letter rulings within some requirements of an earlier EO, and require that significant rulings (rather narrowly defined) be posted on the web with opportunity for comment.
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Olofson case
Snowflakes in Hell has a detailed post on US v. Olofson, complete with links to major documents in the case. It appears a good deal more complicated than had seemed. Apparently the fellow to whom Olofson had loaned the AR-15 was told not to put the selector switch in a third position. I was wondering how the prosecution had met the requirement that the defendant be shown to have known a full auto was full auto . I suspect this was it.
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ATF & FBI in turf fights
Story here. That's not unpredictable: "merging" two agencies by having them both report to one Cabinet official doesn't change anything. Where they overlap, it has a downside -- merging all intelligence functions means those above only get one "position" rather than 2-3 that might give better insight.
FBI's had turf wars with CIA over foreign intelligence gathering, and I seem to recall with DEA over drug cases. I'm sure ATF sees FBI as wanting to grab all the best explosives cases and leave them with the uninteresting or less fruitful ones, and the FBI sees itself as the older brother with certain perks.
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ATF & FBI in turf fights
Story here. That's not unpredictable: "merging" two agencies by having them both report to one Cabinet official doesn't change anything. Where they overlap, it has a downside -- merging all intelligence functions means those above only get one "position" rather than 2-3 that might give better insight.
FBI's had turf wars with CIA over foreign intelligence gathering, and I seem to recall with DEA over drug cases. I'm sure ATF sees FBI as wanting to grab all the best explosives cases and leave them with the uninteresting or less fruitful ones, and the FBI sees itself as the older brother with certain perks.
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Video of Len Savage on CNN re:BATF
Right here. At least I think so. On dialup I can't do very much to watch video.
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Form 4473 under Paperwork Reduction Act review
Here's the Federal Register notice, in pdf.
Basically, under the Paperwork Reduction Act, every agency is required to file, with the Office of Management and Budget, any form it has that requests info from the public, together with its estimate of how many hours are spent filling in the form (for 4473, ATFE estimates 4.3 million hours annually; they estimate 10 million are filled out at 25 minutes each.
Then every so many years it comes up for OMB review, and the public can send comments suggesting how the time burden can be reduced. (One that comes to my mind: how about eliminating the requirement for detailed info, in the vast majority of cases where the buyer is presenting state-issued ID that already has all that recorded?)
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Rex Davis, RIP
Rex Davis, first head of BATF, has died. He must have made it up there in years -- I seem to recall that he retired in the early 1980s.
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ATF bid solicitation
It seems that a while back ATFE made a solicitation for bids for a custom Leatherman, to be "Engraved with: ATF-Asset Forfeiture AND "always think forfeiture""
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Len Savage to be on Lou Dobbs tonight!
War on Guns has the report. Sounds like likely times are around 7:30 and around 8:30 PM EDT, on CNN.
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Deputy Director of ATF files whistleblower complaint
Story here.
I've heard of a number of such complaints, where some government employee can show that he revealed fraud, waste, abuse or criminality within his agency, and thereupon was demoted, given bad evaluations (which are death to promotion or bonuses), miserable assignments, etc. But this is the first time I've heard of one made by the Deputy Director of an agency. When even the no. 2 man in the entire agency can regretfully say "In retrospect, I was naive to believe that the department would welcome my honesty," the corruption in HQ is pretty grim.
To be objective: I've known enough of Washington bureaucracies to where I would bet good money that what we're really seeing is a fight between vipers. No. 2 man wants to get rid of No. 1 man, perhaps to take his job, finds out his corruptions, and uses them, but doesn't get the job. New No. 1 man decides No. 2 is dangerous, might find out his corruptions, gets rid of No. 2 and brings in a new guy who will be loyal to him. But then figure if this is how the highest level is run, you don't want to know what's going on at the Ass't Director level!
And who could punish the No. 2 man for excessive honesty? The new No.1 man.
"Domenech said ATF's acting director, Michael J. Sullivan, and other officials have taken actions meant to punish him for raising questions about [former ATF director] Truscott. The moves include transferring him out of headquarters and excluding him from meetings and duties that usually would be his responsibility.
He also alleged that, after years of outstanding job reviews and bonuses, he was given an average review in 2007, which was changed only after he complained. Because of the earlier review, however, he was denied a customary bonus, he said."
.....
"Domenech first raised complaints about Truscott's performance in December 2005 with William Mercer, then principal associate deputy attorney general, who later would be a pivotal figure in the controversy over the dismissal of the federal prosecutors.
Mercer and another official said Truscott "appeared to be in over his head, but since his name came directly from the White House, there was little that could be done about the situation," according to the complaint. Several months later, Domenech said, Mercer dismissed complaints about Truscott as coming from "disgruntled career staff."
UPDATE: SayUncle posts the story, and gets an interesting comment:
"Deputy Director Tattoo (Domenech - “Look Carl, da plane! da plane!) was voted off ATF’s Fantasy Island (headquarters) by the Islands newcomers after they confirmed how poorly he treated his agents. All the wrongdoings that Tattoo claims have been inflicted on him, he did to others, X 1000 in severity. Paybacks a bitch. Also, when Tattoo turned in Dana Carvey (Truscott) why did he and his co-’qou’spiritors have do it annomously? They were at the very top levels of ATF management. They wouldn’t put their names on the complaint a) because they are cowards, and b) because they were fully aware of ATF retribution tactics having led their own assaults against their field agents."
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More on ATF nominee Michael Sullivan
Via Red's Trading Post comes this story alleging that Sullivan put an FBI agent behind bars using perjured testimony (some from a mob hitman who got early release from imprisonment), tried to cover it up, and then, after he won a new trial, set up State charges against him.
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Double standards
Red's Trading Post asks why the double standard on recordkeeping? ATF's NFA records are hopelessly messed up, yet an FFL is written up, or revoked, over quite minor human errors.
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Nomination of new ATF head: AP picks up on story
Right here.
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ATF's mtn for summary judgment denied in Red's Trading Post case
Story on their blog.
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ATF ignores appropriations report language
Red's Trading Post has the story.
Basically, appropriations and other report language doesn't bind an agency, it isn't law. It's generally a good idea to comply (which is why report language is now being used to hide earmarks) because if an agency doesn't, the appropriations committee may cut its budget next year. In this case, I'd guess that ATF has no fear of that, so it just keeps going.
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BATF director-nominee catches flak from judge
Story here. Basically, the federal sentencing guidelines provide for stiffer sentences as illegal conduct, well, gets bigger. If a guy defrauds the government out of a million, penalties are a lot worse than if he only takes ten thousand. The judge, in sentencing a contractor for fraud in relation to the flawed "Big Dig" tunnel, notes that Sullivan's US Atty office failed to investigate just how much the guy had swindled from the government, even tho it had two people who had turned state's evidence, and the defendant had boasted of ripping off the government fo 18 years. As it was, there was only evidence of an $80,000 fraud, and the judge had to sentence him to 15 months. The judge added that there was evidence the total frauds in the Big Dig went from $3 to 15 billion, yet there had been few prosecutions.
Via Red's Trading Post.
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Another hold on ATF director's nomination
LA Senator David Vitter has joined Idaho's senators in putting a hold on Michael Sullivan's nomination for head of BATFE.
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Counterattack on Idaho hold on Sullivan confirmation
As I mentioned earlier, the Idaho senators put a "hold" on confirming Michael Sullivan as head of ATFE. Now, John Kerry is asking them to release the hold. And a New York Times editorial takes the same stance.
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Senators put "hold" on new ATF director confirmation
Red's Trading Post reports that the Idaho senators have put a hold on confirmation of Michael Sullivan as ATF head.
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GoA opposing Sullivan nomination for head of ATF
Red's Trading Post has the story.
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Online petition for fair treatment of FFLs
Here. It was created by Red's Trading Post, already has over 5,000 names. And he's figured out how to make a practical use of it, by emailing it to his Congressional delegation.
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Assn of former ATF agents
From Red's Trading Post comes a report of an association of former ATF agents.
It might be an interesting group. From my observation, ATF has a wide span of agents. I mean, there would be two reasons to join: you like to work around guns, or you hate guns. My contact with ATF in my immediate area has all been good. Inspectors and enforcement that they import from elsewhere -- not good at all. Historically, some offices are good, some are antigun, some honest, some are corrupt.
In my gov't experience, Fish and Wildlife Service law enforcement was much the same. Most offices just did their job. Some could get totally out of control. Problem during my stint was that high level managment covered for and sometimes encouraged the latter (I hope that it's changed during the intervening 15 years, but have no data). I think ATF has a similar problem: the high level doesn't sweat about the corrupt or oppressive offices, nor reward the ones that worry about criminals and ignore everyone else.
While I'm on an ex-bureaucrat's roll (and any thinking person who has been a bureaucrat has become at least a small l libertarian): there is actually a MAJOR disincentive for a federale to worry about real problems.
The criteria for being promoting are essentially that you are spending a lot of time on complex issues. Now, making a felon in possession case, of a real street criminal, gang shooter, whatever, is a social good. BUT it's not very complex, is it? Check with local cops, find guys arrested for CCW or whatever who have a felony rap, paraphrase their report, submit to the US attorney. Child's play. So forget about getting promotions. Nevermind that almost everyone would agree that you're doing a good job and creating social good. Cook up a complicated case against an FFL -- get a promotion.
So why not promote the good guys anyway? Because the Office of Personnel Managment every now and then audits an agency, trying to catch them doing that, and if a sufficient number of people have been promoted despite doing non-complex cases, it dings the agency and cuts back on how many higher-level slots it is allowed to have.
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Article on new ATFE Director
Sounds like they got a loo-loo.
In the old days, the agency just promoted somebody from the liquor side of the agency to hold the job and get his "high three" in before retirement. They usually did little good and little bad. This time it sounds like the Admin. brought in the archtypical political hack. On the other hand, this IS the Boston Globe, and the comments suggest another side to the story.
Hat tip to Red's Trading Post.
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Good news & bad news at Red's
Entry here. Good news: the local ATF finally approved their computer system. Bad news: they're still pushing ahead with the revocation.
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ATF recordkeeping
Article here. High point:
"A gun manufacturer who specializes in legal reproductions of historic weaponry told WND a recent audit of the business found no discrepancies in his records, but it did reveal mistakes in the ATF records.
"What was of particular interest to me was that the NFRTR [BATFE's bound book of machineguns, etc] was off by four machineguns," Len Savage, of Historic Arms LLC, said.
"It is so bad [the BATFE own record keeping] that the inspectors have a form for correcting it using dealers records," he said. He submitted a Freedom of Information Act request and discovered that the federal agency "is very quietly trying to fix their own inept record keeping by using our [store and business] records to fill in the gaps."
An ATF inspector, Herbert Blount, told Savage that when the agency moved to a new building, officials "lost/misplaced" records for more than 500 businesses and replacements were being sought."
Hat tip to Red's Trading Post...
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ATF publc affairs exaggerations
A while back I posted on how the ATF Seattle Office had had to back off from claims it was involved in a massive roundup of gang members ... which turned out to be a much smaller roundup of non gang members, for non-gun offenses.
Red's Trading Post has a long list of other exaggerations coming out of that office.
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A ... slight correction
Story here. ATF official announces 77 arrests in a gang sweep in Spokane, a roundup of "the worst, chronic offenders with ties to illegal firearms and violent crime."
Then spends two weeks evading reporters' questions. Because it turns out there were only 35 arrests, and they included ones for driving infractions and misdemeanors. Only one gun was seized in the "sweep."
"I guess he may have taken some liberties with how those numbers were represented," an ATF spokesman admitted.
Hat tip to Stephen P. Wenger...
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More on Red's Trading Post
Story here. Back when they had paper records (as do most FFLs, since a computer program has to have ATF approval and few do), they were told to file 4473s for past years in alphabetical folders (i.e., 2006 -- all last names beginning with A) but have them in chron order inside the folder. That'd make a trace report a bit simpler, since bound books would give you the date of sale. Then a new ATF inspector came around and wrote them up on a violation notice for that, pointing out that the regs say you can put them in alphabetical order (sorting out all sales for an entire year) or chron order, but the regs say nothing about a mixture of the two systems.
Red's has since managed to lease an ATF-approved computer program and used that. Now the inspector has decided the system is inadequate because of how it handles lay-away sales.
The story illustrates how complex and often arbitrary the system governing licensed firearms dealers is. If you have an inspector who is decent and practical, life is simple. The same system overseen by an inspector who is a nit-picker, or has a grudge for you, can be impossible.
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ATF from the inside
I've received the attached pdf file (small, 134K) from someone in the know. It details ATF agents' complaints regarding how managers are conducting themselves. Here are a few snippets:
" Field agents have attempted to challenge the un-ethical, and illegal actions of field managers through various means in recent years only to meet with retaliation so destructive it almost inevitably results in the challenges or allegations being withdrawn."
" Fear of ATF leadership has replaced transparency. Lack of trust and the absence of good faith in trying to resolve these issues have caused a growing number of Agents to rely upon legal means to invoke the protections and seek redress. Record numbers of EEOC, OIG, OSC, whistleblower and internal grievances face the new management team. Requests for congressional intervention by Agents across the country..."
"The EEOC complaints over the last 2 years number in the hundreds. The overwhelming percentage of which contain allegations of retaliation. "
" First impressions in the field are that Acting Director Michael Sullivan is a competent and professional leader who possesses the skill to lead the Bureau of ATF&E. However, he continues to act on filtered information from those who have created these problems. These problems and those responsible must be dealt with before the Bureau can restore trust in it management team.
With the appointment of Deputy Director Ronnie Carter and Assistant Director Billy Hoover, the signal was clear. The intent is/was to restore ethical and professional leadership to the Bureau.
Perhaps the problems are too significant to place on the shoulders of 3 men, or maybe the Bureau is beyond repair. Either way, the complaints continue as does the retaliation, abuse of authority and the climbing number of EEOC, OSC, OIG and internal grievance complaints."
Having worked in the bureaucracy, I can see the comment about the incoming director. The guy on top may be good, but he knows only what his assistant directors tell him, and they know only what the guys below them tell them, etc., etc. At each stage of this, information is filtered to remove bad news, protect your unit, protect your buddies, etc.. If you send up info that makes your unit look bad -- that's gonna hurt you when your superior does your yearly evaluation, right? By the end of the filtration, the guy in charge hears nothing but "Everything is being run perfectly, and there are no problems, and anyone who managed to get your ear about problems is a lying sack of offal." Then of course they hunt down the guy who talked. He's not a team player. He makes his bosses look bad. Jack him around, transfer him around, seek out excuses to give him a bad evaluation, maybe see if you can tag him with misconduct (hmmm... did he use his official car for a grocery run?).
The greatest fear of mid-level is that the boss may get unfiltered information. At Interior I was a simple staffer. Even my secretary didn't work for me -- she reported, like me, to my boss. Yet one day we received written orders that if the Secretary of Interior called us to ask for data on a legal case, we were to refuse to talk to him and tell him to go thru channels. (The order was given, and stuck, because our ultimate boss had in fact better White House connection than the Secretary. Our ultimate boss was a good guy, not a bureaucrat, so I'd wager the mid-level folks had gone to him with horror stories about the Sec. becoming a loose cannon if he got real data, and sold him on the idea).
[UPDATE in light of comment: I did start under Watt, in '82, but the Secretary under which this happened was Manny Lujan. I forget the Solicitor's name, but he was a good one, in this case I'd assume spun by mid-level management. The full story: the bean-counters, the admin people, came up with the idea of a litigation book, in which each case in which we were involved would have one page, no more and no less. The thought we were involved in a few hundred cases. It turned out to be many thousands. Sent by, in those days, a 1200 baud modem. The first try locked up the mainframe for a solid day. Afterwards, each office had to send them in by floppy, sent overnight. Then someone in HQ had to review them lest the horrific sin, a typo, be found. But our corrections didn't go back to the author, so next month would have the same typos...
Anyway, at the bottom of each page was " For further information contact: John Smith, 208-0124." A bureaucrat knew that mean John Smith was handling the matter, kindly do not think you can contact him, you go thru channels. Lujan, who was a nice guy, didn't understand that, actually read the briefing books -- by now a set of about six big three-ring binders -- and calling people. Hence all the uproar. He was getting raw data, from someone who actually knew what was going on!
In those days, we called ourselves OPs, Omnipotent Peons.]
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ATFE director committee hearings
Senate Judiciary held hearings on confirming Michael Sullivan as director of ATFE. Red's Trading Post is not impressed.
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Red's Trading Post on confirmation of ATF Director nominee
The Red's Trading Post blog has some thoughts on the nomination of Michael Sullivan for Director of BATFE.
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Article on Red's Trading Post and movie "The Gang"
Right here.
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Article on Red's Trading Post and movie "The Gang"
In High Country News. It reports that the owner of Red's is playing the movie to, literally, packed houses. It makes some errors (just got back from vacation, no time to list) and puts in a prof's rather antigun sociological observations.
Hat tip to Chas Clifton...
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More on Red's Trading Post
Story here.
Here's Glenn Reynold's take on the issue.
"Personally, I can't see any legitimate reason for ATF personnel conducting a routine inspection not to be photographed. What possible problem is there with photographing public employees performing a public duty in a public place? Certainly if ATF agents were photographing ordinary citizens in such a setting, we'd hear that there was "no legitimate expectation of privacy," right?"
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Complaint to court about blogging "harrassment"
David Codrea has an interesting post on the latest developments in BATFE's attempt to revoke the FFL license of Red's Trading Post. BATFE has complained in a motion that people have taken pictures of their inspectors during an inspection, and mentioned blog posts. Note these are not enforcement agents, who might go undercover and have legitimate concerns about having their images taken, but inspections people, who audit records.
PS--word is that the photographer(s) are locals who don't appreciate the move to revoke their FFL's license one bit.
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Wikipedia on BATF
I bet this entry gets deleted....
UPDATE: it's been deleted. But if you look in comments, you'll see a link to a screen capture by Matt Maynard, who tipped me off.
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Trailer for "The Gang"
JPFO has a trailer for its film, "The Gang" on (subject ATF abuses) on Youtube.
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Richmond gun show: it was proper, but we won't do it again
The Plain Dealer has the story. This is in relation to BATFE activities at Richmond, VA area gun shows a while back, where they were getting addresses off 4473s and driving to the address to make sure the person lived there (and in some cases asking the spouse if they were OK with them buying a gun), etc..
Update: here's the report, in pdf.
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Red's Trading Post blog
Red's Trading Post, the Idaho FFL subject to a license revocation proceeding, now has a blog.
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Nomination for head of BATFE
It appears that Michael Sullivan has been nominated to head ATFE (right now he's Acting Director), and that the nomination hearing has been postponed.
Hat tip to Len Savage.
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Shakeup at ATF
Two top ATFE officials have been effectively demoted. The Washington Post treats it as a retaliatory demotion: they had "opposed many questionable management and spending decisions by the agency's former director."
I've blogged about the spending scandal before, here and here and here. Agency politics can get quite byzantine. The one that is clear is that these are demotions, and serious ones. Just why is another question. Perhaps because they opposed the spending, or more likely because they are suspected as whistleblowers, or maybe because they are seen as whistleblowers who acted out of a grudge (there were some reports that the whistleblowers were due for reassignment by the director and their actions were meant as payback). Who knows?
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IG report on BATFE disciplinary matters
Just found an Inspector General's report on ATFE disciplinary matters. Major findings:
1. Many problems are not being reported. 47 of a group of 58 that were supposed to be reported to the Justice IG were not. For others, while a demotion or firing was decided upon, there was no record showing that it had actually been done.
2. Of 76 files where the agent was disciplined, 16 contained no documentation at all to show why, and not one showed a report of investigation.
3. ATF rules allow a supervisor to both bring charges and be the judge of those charges, which is done most of the time. It also has no consistent standards, so that each case is a law unto itself.
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MAJOR article on ATF
The Arizona Republic has one major story about BATFE, from the inside, as it were.
"Dobyns, among the most celebrated agents within the Bureau of Alcohol, Tobacco, Firearms and Explosives, has lived on the edge from the beginning of his career.....
In grievances filed with the ATF, Dobyns claimed the agency failed to protect him when he was threatened in the line of duty and then harassed him when he complained about the lack of security. He has submitted a multimillion-dollar claim alleging the bureau ignored death threats against him and his family.
According to a grievance Dobyns filed in May, ATF administrators sought to undermine his credibility by spreading false allegations that he was psychologically unfit for duty and a danger to himself or others. Dobyns alleged in that 83-page record that he was subjected to unwanted transfers, denied security, accused of fraud and blocked from getting a Medal of Valor.....
Vincent Cefalu of Modesto, Calif., a 20-year agent with grievances pending, recently sent a letter to Sullivan complaining about "unethical practices and widespread distrust." ...
Billy Queen, a former agent who wrote Under and Alone, a book about his infiltration of the Mongols biker gang, said he retired in 2003 after enduring four years of harassment from ATF administration. Queen said he still loves the bureau but believes it is beleaguered by incompetent bully managers...."
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Senators call for investigation of ATFE headquarters
Senators Menendez and Lautenberg have called for a Judiciary Committee investigation of the ATFE's spending on its new HQ.
"In a letter to Carl Truscott, ATF director, the New Jersey senators questioned the need for expensive office upgrades while laws governing firearms are not adequately enforced and equipment for field agents is under the knife.
“[These] unnecessary upgrades, including nearly $300,000 in upgrades for your office suite alone, ha[ve] put this project $19 million over budget, just as the ATF is eliminating funding for 500 bulletproof vests and 300 new cars for field agents who enforce the nation’s federal gun laws,” the letter said.
A recent press report outlined extensive upgrades proposed by Director Truscott for the ATF’s Washington headquarters including such costly items as a $65,000 conference table, and $100,000 for hardwood floors. "
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Two ATF agents shot in Atlanta
The Atlanta Journal-Constitution has a short story on it. Apparently they were serving a search warrant and were shot thru the door. One was hit in the knee, the other in the lower abdomen (I'm guessing below the bulletproof vest, or perhaps the vest stopped it and the medical treatment is for the bruising. Suspects are in custody.
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ATFE director names chief of staff
Acting Director Michael J. Sullivan of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) has announced the appointment of Brian A. Benczkowski as chief of staff.
Benczkowski was majority counsel to the House Judiciary Committee, underr Chairman F. James Sensenbrenner Jr. (R-Wisconsin). Before then he was with DoJ's Office of Legal Policy and Sen. Dominici of New Mexico.
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Historical quirk about BATFE
Just realized, from this outline of BATFE history:
The agency starts out as the Alcohol Tax Unit of the IRS. In 1934, it is assigned enforcement of the National Firearms Act. It stays the Alcohol Tax Unit.
In 1952, it becomes the Alcohol and Tobacco Tax Division. Still no mention of firearms.
The Gun Control Act of 1968 adds explosives to its responsibilities, and so it is renamed the Alcohol, Tobacco and Firearms Division, later the Bureau of Alcohol, Tobacco and Firearms. Explosives is nowhere to be found in its title.
Finally, in 2003 it gets renamed the Bureau of Alcohol, Tobacco, Firearms and Explosives.
It appears that for some reason 20-30 years pass between the agency being assigned a field, and that being reflected in its title! Even the agency has problems with it, since the webpage proclaims that in 2003, when it became ATFE, "In addition, the agency's name was changed to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to reflect it new mission in the Department of Justice."
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More on ex ATFE Director's extravagance with tax monies
The Federal Times has the story.
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More on former ATFE chief
Forbes has the story.
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Justice IG rules on former ATFE money waste
The Justice Inspector General has issued the report (pdf) on fiscal misconduct by former ATFE director Carl Truscott.
It's a long document, but juicy. They find that he spent massive sums of money to line his office with wood paneling and to improve the HQ gym, at a time when the agency was so short of cash that agents were using outdated bullet-resistant vests. A team was assigned to pick just the right wood and design. He wanted built-in bookcases, custom milling, and even wanted his pantry wood paneled, and a wood floor to match that of a vice presidential office. The millwork alone would have cost a quarter million, and his floor $62,000. He planned another $100,000 for gym improvements.
And that he hired on agents knowing he would have no budget to pay them.
When they renovated the firearms licensing center, he directed that it have a gym, too.
When his nephew wanted to do a high school video on the ATFE, he directed that various offices assist with research, and provide tours, and he himself delivered the nephew's freedom of info act requests to the office handling that (hint, hint). Substantial agency time was spent ensuring that the nephew got a good grade.
He also created an agency Executive Protection Branch, so that he could have bodyguards. For a time they even stayed with him when he worked out in the gym, until he realized there were several of them working out at the same time as he did, anyway. They escorted him on trips, including his commute to HQ. The new office had a chief and four bodyguard agents, plus three assigned autos. The bodyguards served as his drivers during his trips to the office and back, He went out of his way to keep them inconspicuous when he visited the Hill. They drafted a formal protocol for his visits to field offices. When he did so, an advance agent went to the location a day ahead of him to make sure everything was proper for his reception. Two more agents went with him to the airport. One handled the car and the other went inside to get his boarding pass and make sure he got special treatment in boarding the plane, since he hated waiting. A bodyguard said escorting him thru crowds was like the parting of the seas, and people asked who this important official might be. Sometimes on arrival 3-4 cars escorted him, because they were needed to "secure lanes" for his car (apparently they used emergency lights to ensure he got thru traffic quickly). He was also assigned a medic on trips as an escort, just in case he had a medical problem. The medic carried a defib unit, several decontamination suits, etc.
When he went overseas, a squad of 3-4 accompanied him, and stayed at $300-400 a night hotels.
When he had lunch with friends, two female agents were instructed to function as waitresses. At the 2005 International Assn of Chiefs of Police meeting, he had two agency photographers assigned to tail him constantly and take photos.
He hired cronies, and kicked up their job evaluations over what their supervisors had given them.
Conclusion is that since he has resigned, there is nothing to be done.
Note the resignation -- that of course means IG was free to go to town on him. However much might be done by his successors, well, we may never know. But this guy apparently wanted to live like a king, or at least a duke, to have an office and an escort worthy of a president or VP, etc. Your tax dollars at work.
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Email of ATFE employee's complaint
I've rec'd an email of a complaint made to Justice Inspector General regarding ATFE headquarters conduct and waste of tax money, and attach it below. I've previously noted that the agency's previous director resigned in the wake of similar fiscal scandals, after spending $300,000 to pretty up his office suite at the same time the agency budget didn't have enough for bullet-resistant vests.
SEPTEMBER 22, 2006
OFFICE OF THE INSPECTOR GENERAL
U.S. DEPARTMENT OF JUSTICE
950 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20530
DEAR INSPECTOR GENERAL,
EMPLOYEES AT THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES HAVE LONG BEEN DISTURBED WITH THE ACTIONS OF SOME OF OUR EXECUTIVES. THE TIME HAS COME TO SHARE THESE CONCERNS WITH YOU FOR FURTHER INVESTIGATION. FOR THE GOOD OF OUR BUREAU, WE IMPLORE YOU TO SEEK ANSWERS TO THE FOLLOWING QUESTIONS SURROUNDING WASTE, MISMANAGEMENT, AND ABUSE OF POWER BY TOP GOVERNMENT OFFICIALS:
>ARE ASSISTANT DIRECTOR BOUCHARD AND ASSISTANT DIRECTOR CHASE VIOLATING DEPARTMENT OF JUSTICE RULES BY USING GOVERNMENT-OWNED VEHICLES TO COMMUTE FROM HOME TO WORK IN DEFIANCE OF A POLICY THAT PROHIBITS THE USE OF TAXPAYER FUNDED VEHICLES FOR SUCH PERSONAL USE?
>IS IT A GROSS WASTE OF TAXPAYER MONEY FOR THESE ASSISTANT DIRECTORS TO DRIVE LUXURIOUS NEW GOVERNMENT VEHICLES FOR PERSONAL USE WHILE AGENTS DRIVE MUCH OLDER AND HIGH MILEAGE CARS TO GET THE JOB DONE?
>IS IT AN EXTRAVAGANT EXPENDITURE OF TAXPAYER MONEY FOR ASSISTANT DIRECTOR BOUCHARD TO ARRANGE WEEK-LONG CONFERENCES FOR OVER 30 OF HIS EMPLOYEES AT PLACES SUCH AS LAS VEGAS HARD ROCK CASINO AND SEA ISLAND GOLF AND TENNIS RESORT WHILE FIELD AGENTS LACK ESSENTIAL EQUIPMENT? DID THESE CONFERENCES COST TAXPAYERS $30,000? $50,000?
>IS IT AN EXTRAVAGANT EXPENDITURE OF TAXPAYER MONEY FOR ASSISTANT DIRECTOR RADEN TO ARRANGE A TRIP OF ALMOST TWO WEEKS FOR NEARLY A DOZEN OF HIS EMPLOYEES TO ATTEND A CONFERENCE IN GERMANY THAT DID NOT DEMAND SUCH EXTENSIVE GOVERNMENT RESOURCES? DID THIS TRIP COST TAXPAYERS $20,000? $40,000?
>IS IT A MISUSE OF AUTHORITY AND RESOURCES FOR DEPUTY DIRECTOR DOMENECH TO WASTE TAXPAYER MONEY BY ORDERING THE DIRECTOR’S SECURITY PERSONNEL TO PROVIDE HIM CHAUFFERED LIMOUSINE SERVICE FROM WORK TO HOME, ALTHOUGH SECURITY APPARENTLY WAS NOT NEEDED FROM HOME TO WORK, AS ACTING DIRECTOR?
>HAS ASSISTANT DIRECTOR CHASE WASTED TAXPAYER MONEY BY TRAVELING, WITH HIS SPOUSE, ALL THE WAY ACROSS COUNTRY TO LOS ANGELES FOR A ATF RETIREMENT SEMINAR THAT IS OFFERED WITHIN HIS DUTY STATION OF WASHINGTON, D.C.?
>IS DEPUTY DIRECTOR DOMENECH VIOLATING ANTI-NEPOTISM LAWS FOR PUBLIC OFFICIALS (5 USC 3110) BY ARRANGING FOR HIS WIFE TO BE PROMOTED FROM A SECRETARIAL POSITION TO A SENIOR PROGRAM ANALYST? BY ARRANGING FOR HIS SISTER IN LAW TO BE PROMOTED FROM A FIELD AGENT IN NEW YORK TO THE AGENT IN CHARGE OF THE PORTLAND, OREGON OFFICE AND HAVING TAXPAYERS PAY THE EXPENSES FOR THIS MOVE BACK HOME? BY ARRANGING FOR HIS NIECE TO BE HIRED AS AN INSPECTOR IN FLORIDA, THEN NORTH CAROLINA?
>DOES DEPUTY DIRECTOR DOMENECH VIOLATE MERIT SYSTEM PRINCIPLES BY REGULARLY PRACTICING FAVORITISM IN MAKING PERSONNEL SELECTIONS BASED ON FRIENDSHIP AND FACTORS OTHER THAN MERIT? DOES HE CREATE AN INTIMIDATING, HOSTILE WORK ENVIRONMENT BY RETALIATING AGAINST THOSE HE PERSONALLY DISLIKES THROUGH UNDESIRABLE, FORCED REASSIGNMENTS AND TRANSFERS?
>IS IT A CONFLICT OF INTEREST FOR ASSISTANT DIRECTOR RADEN TO SPEND A SUBSTANTIAL AMOUNT OF TIME IN FLORIDA AND CANADA BEING ENTERTAINED BY A TECHNOLOGY VENDOR WHILE APPROVING TENS OF MILLIONS OF DOLLARS WORTH OF GOVERNMENT CONTRACTS WITH THEM?
>IS IT AN ABUSE OF AUTHORITY AND WASTE OF TAXPAYER MONEY FOR ASSISTANT DIRECTOR BOUCHARD TO ARRANGE WITH OTHER ASSISTANT DIRECTORS A CHANGE IN POLICY THAT ALLOWED HIS SON TO BE HIRED AS A PAID SUMMER INTERN ON GOVERNMENT SALARY WHILE OTHER ATF PROFESSIONAL POSITIONS GO UNFILLED DUE TO BUDGET CONSTRAINTS?
>IS IT AN EXTRAVAGANT EXPENDITURE FOR ASSISTANT DIRECTOR CHASE TO USE TAXPAYER MONEY TO PURCHASE A WORLD GLOBE FOR SEVERAL HUNDRED DOLLARS WITH GOVERNMENT RESOURCES SIMPLY TO DECORATE HIS OFFICE? WAS THIS GLOBE USED TO PINPOINT WHERE HE WOULD TAKE NEEDLESS TRIPS TO CONFERENCES AND MEETINGS AROUND THE WORLD TO PLACES LIKE FRANCE, HUNGARY, AND OTHER INTERNATIONAL LOCATIONS?
>IS IT UNETHICAL CONDUCT FOR ASSISTANT DIRECTOR RADEN TO REPRESENT ATF AT FUNCTIONS AND EVENTS WHILE UNDER THE INFLUENCE OF ALCOHOL?
THESE ARE BUT A SAMPLE OF KEY EXECUTIVES ABUSING THEIR POSITIONS AND TAXPAYER MONEY THAT WE HAVE WITNESSED OVER THE LAST 3 YEARS. AS YOU INVESTIGATE THESE EXAMPLES, YOU WILL FIND MANY MORE LIKE THEM. FOR THE GOOD OF OUR BUREAU AND ITS FUTURE, PLEASE STOP THIS IMPROPER BEHAVIOR AND MISMANAGEMENT BEFORE IT FURTHER ERODES MORALE HERE AND THREATENS THE FUTURE OF ATF.
RESPECTFULLY SUBMITTED,
ATFers United against Mismanagement and Misconduct (ATFUMM)
Get your email and more, right on the new Yahoo.com
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Ooops!
BATFE's headquarters' website has this pdf file explaining gun laws for the public.
On pages 73 and 75 (of the pdf) it shows shotguns with barrels shortened to "less than 16 inches", and states that "Since this weapon exhibits a barrel shorter than 16 inches, it is subject to the NFA regulations governing minimum dimensions..."
Uh-- the NFA limits for shotguns are 18 inches, not 16. The 16 inch limit only applies to rifles (because after WWII the government found to its embarassment that it had sold loads of M-1 carbines, as surplus, with 16 1/4 barrels). Shotguns with barrels under 18" have been subject to NFA registration since the statute was enacted in 1934.
Considering that possession of an unregistered shotgun with a barrel under the limit is a federal felony, with a prison sentence of up to ten years, you'd expect headquarters would be a little more accurate in its description of the law to the public....
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Feinstein puts "hold" on BATFE reform bill
Story here.
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IG report on ATFE violent crime initiative
A few years ago, BATFE got $20 million for a violent crime initiative, and thereafter announced its success. Justice Dept's Inspector General thinks otherwise. (pdf file).
A quick read suggests (1) it was a pretty good plan -- zero in on small violent crime hotspots, and focus on the worst perps in them; (2) headquarters, however, designated the targets with little input from the field agents, who might actually know the local conditions; (3) followthru on the plan details was lacking (sounds as if focusing on the worst of the worst wasn't yielding many arrests, so the offices gradually expanded it to include bad guys in general, not a bad thing but not in accord with the plan) and (3) the success consisted of showing declines in gun homicides city-wide, not just in the targetted areas, and in cases where it was limited to the targetted areas, the number was so small that large percentage variations could be expected (one target area had a 50% drop -- but we're talking about going from four homicides to two, which could be sheer chance).
I suspect it'd be impossible to show success or failure by the test being used (six months before and after, in a small area). If you did put the ten worst perps in jail for ten years, the benefits will be spread over ten years -- and only begin with their arrest, which won't happen the day the program starts.
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House Report on BATFE reform bill
The House Report on HR 5092 is online here. As is usual, the first part of the report just sets out the language as reported by committee, the explanations are later.
(The link comes via a website search engine. I tested it, but if it doesn't work, go here, click on "search committee reports" and enter HR 5092.
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ATFE reform bill passes the House
I have an unconfirmed report that HR 5092 passed the House by an overwhelming 277-131 vote.
UPDATE: consider it confirmed. Here's the Brady Center condemnation of the vote.
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New head of ATFE
Michael Sullivan, US Atty for Massachusetts, has been named acting head of BATFE.
I know nothing of him, but anyone interested in rising in MA politics is, for me, a source of worry in the firearms area. The appointment seems strange, tho. The job is now subject to Senate confirmation (I'd assume this is a recess appointment). He keeps his job as US Attorney while heading the agency. That's not improper (there have been folks who sat on the Supreme Court and were cabinet members at the same time, OK, that's a bit improper), but it is irregular -- how can a fellow do two fulltime jobs hundreds of miles apart? It's possible he very literally is meant to be acting director, just give another entry on his resume', and go back to being US Atty when they find the real nominee.
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More on ATF director resignation
The Minneapolis Star-Tribune is reporting on a few scandals that may have prompted the BATFE director to resign. As I noted earlier, the resignation was not at a time a bureaucrat would voluntarily choose (just before he got in his "high three" years of salary on which his pension is calculated).
"A report on ATF is expected soon from Justice Department Inspector General Glenn Fine, whose office has been investigating allegations that Truscott put through or proposed hundreds of thousands of dollars of unnecessary plan changes and upgrades to ATF's new 438,000-square-foot headquarters. The building, under construction in northeastern Washington, is at least $19 million over budget.
Sources familiar with the project told the Washington Post this year that Truscott planned to buy, among other things, nearly $300,000 in extras for the new director's suite, including a $65,000 conference table and more than $100,000 for hardwood floors, custom trim and other items. These sources described Truscott as overly focused on the building's luxurious details, from soap dishes to tile colors and said he wasted valuable time with innumerable project meetings and field trips to the site....
Justice investigators also questioned ATF employees about a costly trip that Truscott and others took to London last year and about allegations that ATF staff members helped assemble a school video report for a young relative of Truscott's, according to officials interviewed in the inquiry and who declined to be identified for fear of retaliation."
(Hat tip to Prof. Joe Olson).
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Head of ATF resigns
Carl Truscott, Director of BATFE, has resigned.
Funny time to do it... every bureaucrat knows your pension is based on your "high three," average of your three years' highest pay. He's been director for two and a half years. Sticking around a few more months might have made a pretty nice change to the pension.
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While we're talking about the 4473
I found an OMB report from 1997 that reported they'd found ATF was in violation of the Paperwork Reduction Act for a period of time, with its revised 4473:
Paperwork Reduction Act Violations Top of PageDepartment of Treasury/Bureau of Alcohol, Tobacco, and Firearms (ATF)
Title: Firearms Transaction Record, Part I, Over-the-Counter, and Firearms Transaction Record, Part II, Non-Over-the-Counter (ATF F 4473, Parts I and II (5300.9))
Violation: Unauthorized Collection
How Discovered by OMB: In February 1997, the public notified OMB that ATF had revised Form 4473, Part I, without OMB approval.
OMB Action: ATF's submission of the revised forms to OMB, requesting an extension without change. were designated by OMB as improperly submitted.
Agency Response: ATF resubmitted the forms to obtain OMB approval of the revisions. Treasury has assured OMB that ATF will reexamine its internal procedures to ensure future compliance with the PRA.
The PRA requires an agency, before it issues a form asking info from the public, to get approval from OMB and to publish that at the bottom of the form. Every so many years, OMB reviews the forms to see if there is any way the time spent filling them out could be shortened.
Back in the Reagan years I urged NRA and GOA to raise the question when the 4473 came up, and a long list of suggested deletions went to OMB. They did nothing back then (the guy in charge kept saying his wife had been robbed with a gun, as a hint that they were spinning their wheels with him), but there's surely someone else in there today. I just haven't found when the form comes up for renewal, yet.
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ATFE: Making the World Safe from Ninjas
The headline says it all: "ATFE Rids University of Ninja Threat".
A Univ. of GA student was attending a pirates vs. ninjas event (I assume a fundraiser), wearing black clothes and with a bandanna over his face. Some ATFE agents, on campus for another event, decided he was suspicion, told him to freeze, and when he ran, tackled him, handcuffed him, and held him for university police ... who of course released him.
Click on the pictures to zoom in. Note how the one agent has the handcuffed student on the ground, with one of the agent's knees on his neck, and what looks like his full body weight on the kid's neck, twisting his head over. I guess they figured that when ninjas are concerned, there is no such thing as excessive force.
Continue reading "ATFE: Making the World Safe from Ninjas"
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ATFE abuse hearings
CNN news has the story.
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ATFE hearing tommorrow
House Judiciary, Subcomm. on Crime, Terrorism & Homeland Security, has announced a hearing tommorrow regarding ATFE. The hearing is set for 2 PM on March 28. No witness list on the webpage, and the subject is "Oversight Hearing on The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE): Reforming Licensing and Enforcement Authorities".
Sounds like it'll be a short one, because at 3 PM they start hearings on the H.R. 5005, the "Firearms Correction and Improvement Act".
Here's the text of HR 5005. It's pretty pro-gun.
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ATFE case in Eastern Tennessee
Says Uncle has a report on a developing ATFE case in Eastern TN. Not much detail yet, but it sounds as if the argument may, repeat may, be that possession of semiauto parts plus a milling machine equals possession of full auto. (Via Instapundit, which adds another link.
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Report on Richmond gun show hearings
The Richmond Times-Dispatch has an article on the Feb. 28 hearings, when ATFE answered the criticisms.
Here's another article.
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Move to make ATFE director subject to Senate confirmation
Congressional Quarterly is reporting that the reauthorization of anti-terrorism laws (conference report on HR 3199) will make the appointment of the director of ATFE subject to Senate confirmaton.
Continue reading "Move to make ATFE director subject to Senate confirmation"
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News report on BATFE hearings
CNS News has the story on the first day's hearings here.
None of the MSM have picked it up -- only coverage was in a local paper, and that was very sketchy.
{Hat tip to Mike Baker on the story...]
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Hearings on Richmond gun show affair
I'm told you can get webcast video of it here, although I'm not able to play it on my own browser.
BTW, anyone who's had trouble with the agency should email JOuimet@nrahq.org.
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Senate hearings on Richmond Gun Show
NRA reports that the U.S. House Judiciary Subcommittee on Crime, Terrorism and Homeland Security will hold an oversight hearing to investigate apparent wrongdoing by BATFE at a Richmond, VA gun show last August.
The hearing is set for next Wednesday, February 15, at 4:00 p.m EST.
The report states you can watch the hearings online here.
[Hat tip to Kit.]
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ATFE head in fiscal hot water
According to the WashPo, ATFE's director Carl J. Truscott is in a bit of hot water with Justice leadership. The agency is $19 million over budget, planning to cut spending for bullet-resistant vests and other items ... and it turns out the director was planning to spend over $300,000 to pretty up his headquarters suite. Not to mention was spending about a million a year for bodyguards.
Continue reading "ATFE head in fiscal hot water"
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ATFE activities in Virginia
Virginia Citizens Defense League has an interesting report on ATFE gunshow activities in their area. (On their page, click on VA-Alert Archive to get to it). If correct, this would raise major problems as to violation of the Privacy Act, 5 USC 552a (remedies for which include a minimum damage award plus attorneys' fees), not to mention the restrictions on use of data from background checks:
"The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), who
seem to go out of their way to alienate gun owners with their
heavy-handedness, behaved in a shameful manner this last weekend at
the Showmasters' gun show in Richmond.
I had reports from members of police going to their houses while the
member was waiting for their approval to purchase a gun at the show!
The police asked the spouse and other family members questions about
the purchases and filled in a survey! "Did you know your husband was
going to a gun show today?" "Did you know your husband was going to
buy a gun today?" and many other such questions.
If no one was home at the gun purchaser's house, the police went to
the neighbors! "Did you know that your neighbor was buying a gun
today? How do you feel about him doing so?"
One member, who was carrying a personal gun to sell, was approached
by BATFE and taken to a car while they checked him out. The officer
said in front of Showmasters' management, "Did you know you need a
business license to sell a gun at this show? I have seen you at a
lot of shows - are you in the business of selling guns? I think you
are." That's called a fishing expedition and intimidation. In the
end they let the VCDL member go because their fish hooks came up
empty.
They had over 17 BATFE agents at that show. Richmond and Henrico had
a large number of officers running to the homes of anyone purchasing
a handgun to ask questions.
I guess Mayor Wilder is flush with cash all of a sudden. Too bad he
didn't use that money to put all those cops into the rougher
neighborhoods of Richmond, instead of harassing the decent citizens
who buy guns at a gun show.
And, if you are sitting down, the main BATFE agent at the show told
Showmasters' management that Richmond was going to be the model for
this kind of behavior across the nation!!!
BUT, THERE IS GOOD NEWS.
Steve Elliott, who heads up C&E Gun Shows and is affiliated with
Showmasters, along with Annette Gelles, who heads up Showmasters,
went to Washington with some lawyers to get this straightened out on
Monday. (BTW, Steve told me that he has spent in excess of $10,000
this year on legal fees fighting this kind of abuse.)
Steve and Annette were told by the BATFE in DC that BATFE would no
longer be sending officers to people's houses who were purchasing a
firearm and that what happened in Richmond should not have happened.
We will be watching carefully to see if BATFE keeps its word or not.
Report any such abuse immediately to VCDL, along with the officer's
name, badge number, and department."
UPDATE, from the same source:
For those who question how BATFE/police could pull this off in a
timely fashion: At the gun shows in Richmond, the State Police setup
a NICS check room where ALL the dealers drop off their NICS forms.
Later, the dealers check back to see if the NICS check has been
completed and the forms ready. All BATFE has to do is to grab the
forms as they are dropped off by the dealers, call in the contact
info and have an officer dispatched to the house. That officer
reports results of survey back to dispatcher, who in turn gives it to
BATFE. The form is then approved and released to the dealer the next
time he checks back. It is not unusual to have to wait an hour for
approval, so the average gun owner wouldn't really be alerted to
anything until he got home.
Where the disbelief seems to be coming from is that in many states,
the dealer calls in the NICS check from the show floor. Thus BATFE
would have to be in the booth with the dealer to get the NICS info
and make the dealer hold the form until the survey results were
returned. This would have also alerted dealers as to what was going
on. But that isn't how it's done at Richmond gun shows.
Continue reading "ATFE activities in Virginia"
Permalink · BATFE · Comments (2)
Request for info on ATF seizure/destruction of full autos
Eric Larson is helping to collect some legislative info supporting H.R. 2088, the "Veterans' Heritage Firearms Act of 2005." He would be interested in any reports (particularly those with hard copy documentation) of ATF seizure and destruction of rare or historical full autos.
His mailing address is
Eric M. Larson
P.O. Box 5497
Takoma Park, Maryland 20913
and his email is
larsone - at- starpower.net
Permalink · BATFE · Comments (0)
How often do you see a Federal agent admitting perjury on videotape?
A while back, word leaked out of an ATFE training video in which the head of their National Firearms Act Branch (in charge of maintaining registrations of full auto firearms, etc.) had said the the registries had a high error rate, but not to worry, his Branch would always testify that they were 100% correct.
ATFE went to extraordinary lengths to keep the video secret. FOIA requests were denied, and when it came up in Brady motions it moved to seal the record. It apparently forgot to seal the record in one case, and the video got out. Here's a compressed MPEG-4 highlight tape (2.2 megs)
[UPDATE: On the linked page, the video is embedded. You have to wait for it to download (about a minute on hi-speed, or many minutes on dialup) and it should start on its own.]
Permalink · BATFE · Comments (4)
6th Cir. ruling against ATFE on search warrant
From Saeid Shafizadeh comes this interesting 6th Circuit ruling. (warning--large pdf file). It's an appeal from a ruling in a Bivens-type civil suit for damages. Gist of it:
1. ATFE's search warrant was invalid. The 4th Amendment requires that a warrant specify the place to be searched and the items to be seized. With regard place, this one specified an entire building, although the items were known to be confined to a special Customs vault in the basement. With regard items to be seized, the warrant said only "see affidavit," and the affidavit was not attached and had been sealed by the court.
2.The agents are not entitled to qualified immunity against suit. That immunity applies when a reasonable law enforcement officer would not have known that what he was doing was unconstitutional. Here, the requirements of specificity are on the face of the 4th Amendment, which has been on the books for a couple of centuries.
Congrats to attorney Richard Gardiner on the win.
Continue reading "6th Cir. ruling against ATFE on search warrant"