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Interesting ATF document

Right here. It's one that spells out "gunwalking." Interesting points:

pp. 10-11: "secondary sources (e.g.,gun shows, thefts and private sales) are a greater source of trafficked crime guns than licensed dealers."

p. 11: "This strategy will present certain challenges as some of the persons we seek to investigate, indict, and apprehend will reside outside the United States and/or may be priority targets of other U.S. law enforcement agencies. When appropriate, this strategy envisions that ATF will refer information and actionable intelligence to the Government of Mexico and/or other U.S. law enforcement agencies." Which was not done.

p. 11: "There are also practical considerations that may require bringing investigations to a conclusion or dictate a change in investigative tactics prior to the identification of persons directly affiliated with the DTOs. Examples include high volume trafficking investigations in which numerous diverted firearms identifiable with one or more purchasers are being used in violent crimes and recovered by law enforcement, and high volume trafficking investigations in which over an extended period ATF cannot reasonably determine where or to whom such firearms are being trafficked. SACs must closely monitor and approve such investigations, assessing the risks associated with prolonged investigation with limited or delayed interdiction. In some instances, the best answer may be to provide actionable intelligence to other law enforcement agencies and/or the Government of Mexico." Essentially admits that guns, perhaps in large volume, will be allowed to go to the cartels (DTOs).

p.13: Lists 2009 gun seizures from the cartels. Gulf and Zeta cartels had 892 firearms and 782 grenades seized, the Sinaloas lost 578 firearms and 60 grenades. The grenade numbers are interesting, suggesting that we're talking largely military thefts or imports from the south. This also illustrates that the number of "walked" guns -- estimated at 2000 -- was no drop in the bucket.

p. 18: "The controlled movement of firearms, ammunition, explosives, explosives devices, and/or components or non-functional “props” of such items across the U.S.-Mexico border from the United States shall be coordinated with and approved in advance by Bureau headquarters and the MCO [Mexico Country Office, the ATF attache']. Which was not done -- the attache' was kept in the dark.

If anyone knows the attorney representing Brian Terry's family in their suit against the US, I'd appreciate their bringing this to their attention. One problem in a Federal Tort Claims Act suit is getting around the discretionary function exception, and the key to getting around that is proof that someone disobeyed orders (i.e., had no discretion to do what he did).

· BATFE