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August 2011
Fast and Furious and journalist shills
In Foreign Policy, an article that places the blame for Operation Gunwalker on... the NRA. You see, they kept BATF from compiling dealer records that would be searchable by name, and blocked bills that would have registered all guns, so when President Obama told them to crack down on drug cartels, they only thing they could do was ... ship guns to drug cartels. Somehow I don't quite follow the logic.
The Issa hearings "were useless." He thinks it terrible that three relatives of the murdered Border Patrol agent were allowed to testify.
"There are roughly 100,000 licensed gun dealers in the United States. ... many are so-called "kitchen table" dealers who sell secondhand guns out of their businesses, homes, or even cars." Few who sell out of homes have survived the 1990s legislation that requires dealers to be zoned for business, and no dealer can sell out of a car.
"The U.S. government keeps track of everyone who owns a car or a house..." Really? I thought counties and States did that.
"And, preposterously, there is no federal law explicitly forbidding international gun-trafficking." Ever hear of Arms Control Act, as in up to ten years in prison for each offense? And I guess he didn't hear about the person who who got 30 years imprisonment for running guns to Mexico.
William Newell, who ran Gunwalker, is a "devoted, articulate lifetime civil servant," who might even have become head of ATF as a result of his brilliant gunwalking.
The agents who blew the whistle were "newly posted to Phoenix," and "had no idea of the scale of the gun-trafficking problem when they arrived in Arizona. They were used to interdiction and apparently were not properly read into the larger aims of Fast and Furious." Narrowminded novices, who didn't understand how letting guns flow to cartels would lead to busting cartel leaders. Nor can I. Nor does the author explain just why, other than a general suggestion that somehow it would happen. And it's curious that the head of the agency said that gunwalking astonished him, too.
The article sees it as regrettable that no one understands " that letting guns walk was precisely the point of Fast and Furious."
Permalink · BATFE · Comments (9)
Reactions to the Melson "reassignment"
"This move by the Administration indicates that Director Melson may be being used as a scapegoat for a much larger problem within ATF and DOJ. It appears that other senior officials at DOJ may have been involved in this deadly operation. The American people and Congress will not be appeased until we have the whole truth about how and why Operation Fast and Furious was authorized. "
"While the reckless disregard for safety that took place in Operation Fast and Furious certainly merits changes within the Department of Justice, the Oversight and Government Reform Committee will continue its investigation to ensure that blame isn't offloaded on just a few individuals for a matter that involved much higher levels of the Justice Department. 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."
"“The resignation of U.S. Attorney Burke and the demotion of Acting ATF Director Melson are only small steps on the long road to accountability for the Department of Justice. ... I will not rest until the American people are informed about who authorized the program, who allowed it to continue despite grave misgivings on the part of dedicated ATF agents, and who is responsible for the lack of transparency from DOJ thus far.”
"WASHINGTON - Today's uncovering of secret multi-agency program for shipping illegal Gibson guitars to Mexican drug cartels left red-faced officials of the U.S. Department of Justice scrambling for an explanation amid angry calls for a Congressional investigation.
"I have ordered all agency personnel to fully cooperate in any Congressional inquiries, including all reasonable document request, as soon as we can redact them with Sharpie pens and lighter fluid," said U.S. Attorney General Eric Holder.
The secret program came to light early this morning in the border town of Nogales, Arizona, after what was described as a wild battle of the bands between members of the Sinaloa cartel and Los Zetas, two of Mexico's most notorious violent drug gangs.....Justice spokesman Gary Evans said the Nogales incident yesterday showed the program was a success. "By putting American guitars in the hands of Mexican gangs, I think we've proven what we've warned all along - that Mexican gangs have access to American guitars. Hopefully this will lead to sane and sensible guitar controls.""
Hat tip to Emily on the last...
Permalink · BATFE · Comments (5)
Lawsuit incoming!
Let's see now.... police hear that a lady has firearms, enter her home without a warrant, confiscate 13 guns, find out that she owns them all legally... and refuse to return them unless she gets a court order. So she files suit....
Why can't they learn that in a situation like this, give them back immediately and hope things quiet down.
Update: there certainly is a 1983 cause of action here. Entering a residence without a warrant, and probably without probable cause (a report that someone owns guns, where they can be owned legally, hardly gives probable cause), Not to mention seizing property, refusing to give a prompt hearing on its return, and indeed putting the burden on the owner to sue for its return.
Permalink · State legislation · Comments (11)
Acting Director Melson, AZ US Atty removed
Story here. Melson is made "senior adviser on forensic science" to the Department of Justice's Office of Legal Policy. Which essentially drafts documents reflecting legal policy, and has no need of forensic experts. It's obviously the "room with a desk and pencil" reassignment, where you give the guy just that, and figure he'll eventually quit out of boredom.
His replacement is US Attorney B. Todd Jones, who appears to have had no relationship to ATF in the past.
Three of the four whistleblower agents in Phoenix are reassigned to the East Coast. Sounds like punitive transfers ... just send the agent as far away from his present station as possible, then in another year send him across country again, until he quits.
Permalink · BATFE · Comments (0)
ATF HQ celebrating long gun reporting requirements
From a thread over at CleanupATF.org (right now it's post No. 4). It attaches an email that was sent out:
"From:
Sent: Thursday, August 25, 2011 9:36 AM
Subject: Rifle Multiple Sale Reporting Program Celebration
Please join us on Wednesday, August 31, at 9:30 a.m., in Conference Room B to celebrate the successful completion of the rifle multiple sale reporting program. Collaboration among many directorates made this program possible, and ______ and I want to recognize and thank all the employees who contributed to our success.
This celebration will be held in connection with our EPS supervisors meeting to be held in the same room beginning at 10am. Please forward this invitation to all the remaining EPS supervisors in Martinsburg. I initially tried to list all their names, but I know I will leave some of the section supervisors out, and our celebration would not be complete without them. ______ and I look forward to seeing you all in Martinsburg."
Dick Cheney, and the gov'ts amicus in Heller
Part of his autobiography to be released tomorrow. The Circuit Court of Appeals had struck down the DC law; the government wound up filing an amicus that argued the Supreme Court should send the case back to the District Court, to develop factual bases for a great number of issues. That is, the government was doing as much as it could to delay and complicate the case, while at the same time saying that it really did support an individual right. Cheney says he opposed this, and when Justice Department went ahead, he signed onto a legislators' amicus (in his role as president of the Senate) that did go all-out for an individual right.
Hat tip to Sixgun Sarah....
If you want to order his book on Amazon, here's the link:
In My Time: A Personal and Political Memoir
Permalink · Parker v. DC · Comments (4)
Reason Online takes down New Yorker over Justice Thomas
Article here. The New Yorker piece claims that Thomas "finds a racial angle on a broad array of issues, including those which appear to be scarcely related to traditional civil rights, like campaign finance or gun control."
Maybe the author (who's written extensively on the Supreme Court) would think on the Fourteenth Amendment long enough to realize that you can't write about its history without writing about race and racism.
Investment -- Ruger stock beats gold
Story here. At one year, it outperformed gold by nearly a third, and the S&P by 2500%. Similar results over shorter and longer terms.
Interesting 9/11 charities
For nonprofits, they certainly are profitable.
Permalink · Personal · Comments (0)
Hmmm....
I think this plan to "save the world" must make more sense if you're drunk and/or stoned.
So much for "we need stricter penalties for gun running"
David Codrea reports an Austin woman gets 30 years for gun running to Mexico. He asks, "uestion: What is it she did that our government was not sanctioning and facilitating in “Project Gunwalker”?"
I can think of one difference. The ATF was arming the Sinaloa Cartel, and she was arming the Zetas.
Permalink · BATFE · Comments (2)
That's funny...
That's funny, they don't look like criminals.
Permalink · Crime and statistics · Comments (1)
I'd heard that Warren Burger would pull this trick
But here's the proof, from Justice Brennan's notes of a conference of the Justices on Ballew v. Georgia in 1978. Issue is -- the Court had earlier held that criminal juries can be as small as six jurors, but Georgia went to five.
Chief Justice Burger starts out "The figure of five versus six doesn't bother me--I can't see how there is a constitutional issue." The other Justices state their votes, and it's obvious that position loses. Burget ends with "I change my vote to reverse on the five-man jury. Five is constitutionally inadequate."
The trick -- the Chief Justice writes the opinion, or assigns it out, only if he is in the majority; otherwise the most senior Justice in the majority assigns it. By changing his vote, Burger puts himself in the majority again. It's interesting that Blackmun, sometimes called his twin, switches also. Surprise! Burger assigned the opinion to Blackmun.
Permalink · General con law · Comments (0)
Brady Campaign worries about Rick Perry
That's understandable. and Denis Henigan's piece adds to their ideas of "reasonable regulation":
" the case against legalizing guns in public places."
"the presence of guns, even carried by well-meaning, law-abiding citizens, increases the risk that arguments and conflicts will escalate to lethal violence. "
Permalink · antigun groups · Comments (2)
A new answer to violent crime
A Newark group is holding a toy gun "buy-back". I'm sure cap-gun drive by shootings will decline as a result.
The new SEAL sniper rifle
Article here. Interesting reading, if you overlook the author's many technical errors. The responses to those in comments are pretty funny.
Permalink · shooting · Comments (0)
Tacoma: open season on burglars
Dave Workman has the story.
Joyce Malcolm on the British riots
Joyce has an interesting article in the Wall Street Journal.
Permalink · non-US · Comments (5)
Operation Gunwalker --It's not just for the cartels any more
Fast and Furious guns traced to a dozen US violent crime scenes.
Permalink · BATFE · Comments (0)
A tale of two 1911s
"Medford Man Returns Rare Handgun to Medal of Honor Winner. And the MoH recipient returns the favor, with a one that had belonged to another MoH recipient. Via Instapundit.
NY Times responds to Gunwalker -- with a hit piece on Rep. Issa
A Businessman in Congress Helps His District and Himself..
The Times article was quickly taken apart by Issa's office. The story claims property had appreciated, according to tax records, when the records show its appreciation as zero. An investment that supposedly sold at over a thousand percent profit actually sold at a substantial loss.
The source of the errors? The Times stole the story from a progressive/left blog post.
Academic debates on gun control can get ugly
John Lott tells the story of one. I'll add a detail. The fellow who the nut claims is an NRA shill is regarded as the dean of American criminology, with studies and writings going back to before I got out of high school in 1969. Some years ago he wrote a preface for Gary Kleck's surveys that found millions of defensive gun uses, in which he stated that he hated guns, and if he could make every gun in the country disappear instantly, he would do it, but Kleck's data was comprehensive, his methods impeccable, and he could not quarrel with the result. He's honest and impartial, and very far from a gunnyy. He just is comfortable with the truth, and so his nutso critic isn't comfortable with him.
It'll be like Dodge City!
Virginia legalizes CCW in bars and restaurants, rate of gun crime in bars and restaurants falls.
Permalink · CCW licensing · Comments (3)
Ouch!
Original at Day By Day.
Permalink · media · Comments (1)
Wash Post getting defensive on Operation Gunwalker
Article here. Its defense is that it did run a story on February 1, and a more extensive one on July 26. I think it valid, though, to ask why the six month silence in between, while CBS and others were breaking the story (starting in March). I mean... in April, Issa threatens Admin officials with contempt. Nothing in the Post. In mid-June, the Committee held hearings. The Wall St Journal covered it, the Post kept silent. On July 7, it was public knowledge that Acting Director Melson had met secretly with committee investigators. Nothing in the Post.
Permalink · BATFE · Comments (2)
Sports comparisons
Here's a webpage devoted to arrests of professional football players, averaging over one a week. DUI, assault and battery, drugs, thefts.
I wish someone would do a similar page for National Match competitors. It'd be something like:
August 5: John Smith receives a warning for speeding.
July 8: May Jones receives a parking citation.
Permalink · shooting · Comments (2)
Western and Southern States luring gunmakers away from Massachusetts area
An unusual story for the NY Times. It's amusing to see Massachusetts, and Charlie Schumer, trying to induce gun manufacturers to stick around, or move into their State.
Comparing British and American riots
The British experience and the American. The American experience tends to be briefer
I heard a candidate for the post of Mayor of London on the radio. She was saying that she wanted the police to take no action because she'd rather see houses and shops burning that police hitting people over the head.
UPDATE: a response to that candidate's position: three men killed while trying to protect their property.
Permalink · Self defense · Comments (11)
Is the Budget Control Act unconstitutional
Herb Titus and Bill Olson make a pretty good case, over at The American Thinker.
Permalink · General con law · Comments (0)
US Attorney denied murdered BP agent's family are victims in gunwalker case
In the ongoing prosecutions of the Gunwalker straw men and conspirators, the family of murdered Border Patrol Agent Terry has filed for status as victims, and the local U.S. Attorney opposed their filing. The argument appears to be that GCA violations are victimless crimes, hence no one can be a victim of one, even if they get killed as a result of it.
Looking over the statute on victim rights, I can't see much practical reason for the opposition. A victim gets notice of court proceedings (which their attorney could pull up anyway), can rarely be excluded from the courtroom, and has a few other rights of little importance to the government here. I'd guess the rationale for the objection was one of impressions: the government doesn't want the Terry family seen as a victim of Gunwalker. But you'd think whoever made that call would have realized (1) they are already seen as a victim of Gunwalker and (2) what about the impression your opposition is going to make?
Permalink · BATFE · Comments (1)
More on Gunwalker
In USA Today.
A known supplier of guns to the Sinaloa Cartel tries to buy 20 guns from an FFL, the FFL contacts BATFE, and ""Our guidance is that we would like you to go through with Mr. Patino's request and order the additional firearms," ATF Supervisor David Voth wrote the dealer in an Aug. 25 e-mail."
Permalink · BATFE · Comments (3)
CSPAN debate over guns on campus
Online here.
At last, the movie!
Poster here.
Permalink · BATFE · Comments (0)
Possible development in Operation Gunwalker
The operation may have a link to a DEA operation that essentially recruited the Sinaloa Cartel as an ally against the other cartels, as part of which DEA turned a blind eye to its drug shipment. I say may have because the court pleading on which the story is based gives details about other cooperation with the cartel, but guesses as to whether the gunrunning was part of this. On the other hand, the Sinaloa Cartel does seem to have wound up with an enormous share of the walked guns.
Sister Toldja has more.
Permalink · BATFE · Comments (2)
ATF cancels appointment of Newell as attache' to Mexico
Story here. The part I best like:
"The reassignment comes at a time the Mexican Justice Department known as the PGR is reportedly conducting a criminal probe into the Fast and Furious Operation. It has also requested transcripts of Newell’s recent testimony before the House Committee on Oversight and Government Reform, according to two people familiar with the situation.
Concern had surfaced recently within ATF that the Mexican government might arrest Newell if he came down there as the attache."
Permalink · BATFE · Comments (7)
ATF cancels appointment of Newell as attache' to Mexico
Story here. The part I best like:
"The reassignment comes at a time the Mexican Justice Department known as the PGR is reportedly conducting a criminal probe into the Fast and Furious Operation. It has also requested transcripts of Newell’s recent testimony before the House Committee on Oversight and Government Reform, according to two people familiar with the situation.
Concern had surfaced recently within ATF that the Mexican government might arrest Newell if he came down there as the attache."
Permalink · BATFE · Comments (1)
Forbes weighs in on Operation Gunwalker
Story here. The silence of the mass media here in Tucson is amazing. Understand, the BP agent was murdered about thirty miles south of here. The gunwalking was ordered by the Phoenix office, about 120 miles north of here. One of the whistleblower agents lives right here. But newspaper coverage has been limited to one short story, a month or two ago.
Page one today: Giffords returns to Congress. OK, that's a proper headline story. Then ... July was hot, and homebuilders are taking remodeling work during the slump. Page two: library writes off overdue charges, kids getting free haircuts, city hires police, and US moves to dismiss suit over medicinal pot.
Page A 16: "Gun smuggling scandal spurs Mexican backlash" Ah, a little mention. The scandal itself is given one sentence. Followed by the remark that the guns walked only equaled 10% of those traced to the US. It does quote a security consultant in Mexico City asking what would have happened if a government agency had planned to run guns to the enemy in Afghanistan. A good question.
Permalink · BATFE · Comments (5)
Michigan wonders: what was the big deal about "shall issue"?
An article in Detroit Free Prees
"Ten years after Michigan made it much easier for its citizens to get a license to carry a concealed gun, predictions of widespread lawless behavior and bloodshed have failed to materialize.
Today, nearly 276,000 -- or about four out of every 100 eligible adult Michiganders -- are licensed.
That's more than twice the number predicted when the debate raged over whether Michigan should join the growing ranks of so-called "shall issue" states.
. . . . . . .
Anti-gun activists say changing the law was a grave mistake. The Brady Campaign to Prevent Gun Violence Web site describes state reforms like the one enacted in Michigan as "a recipe for disaster."
Michigan's prosecuting attorneys association led the push against changing the law in 2001. Today, Ionia County Prosecutor Ronald Schafer, president of the group, says it's hard to remember what the fuss was about.
"I think you can look back and say, 'It was a big nothing.' ""
Permalink · CCW licensing · Comments (1)
ATF HQ promotes Operation Gunwalker figures
Go to this thread at Cleanup ATF and scroll down to the entry by onesparkz, on july 30 11:17 PM. Understand that McMahon was the supervisor overseeing Phoenix during Operation Gunwalker, and now he'll be second in command of the agency internal affairs unit, i.e., in a position to punish dissident agents. Here's the take of one agent commenter:
"Here's my analysis on McMahon. He was essentially in charge of the western region (ipso facto maravilloso, in charge of Gunwalker). Main Justice knows it, and consented to his promotion.
The promotion itself was a message that DoJ intends to charge full speed ahead on its defense-slash-deflection of Gunwalker.
But it's also the sound of a shotgun chambering a round for street agents: One of the men directly culpable for this project is now in a position to slit their throats (a la OPR). They seem to be telling their agents to be very careful what they say, and to whom."
From: Chait, Mark R.
To: All Special Agents in Charge; All ASACS; All Directors, Industry Operations
Sent: Thu Jul 28 19:00:21 2011
Subject: FO Changes August 1
I would like to take this opportunity to announce several changes to the Field Operations (FO) command staff that will be effective August 1st. These changes were made to provide strong leadership, a more efficient span of control and provide enhanced communication and support to the field.
We have created the position of Deputy Assistant Director (DAD) for Programs and this will be Michael Boxler. DAD Boxler, who was the DAD for the Central Region divisions, will oversee the following FO programs: Fire, Explosives, Alcohol and Tobacco Programs and Training; as well as the Firearms Operations Division (FOD).
SAC Mark Potter, who has been the SAC in the Philadelphia Field Division, will be promoted to the DAD for the Western Region field divisions. He will also oversee the International Affairs Office (IAO).
SAC Ron Turk, has been the SAC in the New York Field Division, will be promoted to the DAD for the Central Region field divisions. He will also oversee the Special Operations Division (SOD).
DAD Julie Torres will remain as the DAD for the Eastern Region field divisions and will oversee the Field Management Staff (FMS).
DAD Bill McMahon who has been the DAD Western Region will transfer to the DAD for Office of Professional Responsibility and Security Operations (OPRSO).
I would like to personally thank Mark and Ron for their leadership in their field divisions and I look forward to having them a part of the FO executive staff. I would also like to extend the same thanks to Bill for his leadership and work with the Western Region field divisions and IAO. While we will miss his guidance in FO, I know he will take the same professionalism and dedication he has shown us and direct that into his new position at OPRSO.
Mark and Ron are welcome additions to our FO team, and I look forward to them joining Julie, Mike and Harry McCabe.
We will have some tough and challenging times ahead of us and I believe that we will come out of this a stronger and better organization. In order to accomplish this, we must all work together and foster open communication at all levels, take a close look at the way we do business and ways to improve our ability to efficiently and safely carry out our mission. Our thought process around investigations and inspections must include the risk /reward of our plans and actions with public safety being at the forefront. We must also consider disruption, interdiction and investigation in a tiered approach with the safety of our citizens as the rule.
Your FO executive staff will continue to provide you the leadership and assistance you need in conducting your business. Our tradition, together with our ability to turn adversity into strength is exemplified through our tenacious work ethic and successful investigations and inspections. Each one of us should be proud of the work of our agency and the men and women of ATF.
Thank you,
Mark R. Chait
Assistant Director
Field Operations