If attorney general given pass, 'it appears President Obama is complicit'
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Posted: July 08, 2011
1:00 am Eastern
By Michael Carl
© 2011 WND
U.S. Rep. Allen West West is not only a reason for the African American community to feel proud
all Americans should feel lifted up by this man
He is a Veteran
He is a Statesman
He is an American First
He is everything that Obama is Not
A new member of Congress who rode into office during the 2010 American rejection of Washington's business-as-usual practice today said that a special prosecutor needs to review the actions of Attorney General Eric Holder regarding the "Fast and Furious" gun scandal where weapons were sold to carriers known to supply Mexican drug lords, and the circumstances make it appear that President Obama could have dirty hands in the deal.
During an appearance on the Steve Gill Show, U.S. Rep. Allen West said the roads that appear to lead to those responsible for the botched program that was supposed to trace guns to high-ranking drug lords are alarming.
"This is just another sad chapter in the Eric Holder book of ineptness and incompetence," West said. "Eric Holder needs to be brought before an investigative committee and if those charges are warranted he needs to be held accountable.
"At least the president needs to realize that Eric Holder needs to be removed from the Department of Justice … or else it appears President Obama is complicit and in approval of the actions of his attorney general," he said.
The comments:
on video on link above.
West's comments came in the wake of word from Acting Director Kenneth Melson of the Bureau of Alcohol, Tobacco, Firearms and Explosives that the DOJ blocked him and other senior agency officials from cooperating with members of Congress who were investigating the scandal.
West, R-Fla., said the solution is an independent special prosecutor who would be assigned to look into the roles of top DOJ officials, such as Holder, regarding the "Fast and Furious" gun-running scheme.
"If all roads lead to him as far as obstructing justice, then we've got to have that special investigation," West said.
Those revelations by Melson are fueling the outrage among members of Congress who have had concerns about the situation, especially because it appears at least one of the weapons dispatched by the federal government to a drug gang was used in an attack that killed a U.S. Border Patrol agent.
Officials with the House Committee on Oversight and Government Reform have been looking into the circumstances, but were tight-lipped today in light of the new developments.
"I can say that this is an ongoing investigation and that when details become available, Mr. [Darrell] Issa [Republican from California] will make them public," the committee's press office explained.
It was in a letter to Attorney General Eric Holder that Committee Chairman Issa and Iowa Sen. Charles Grassley said after Melson's Monday testimony, they were disturbed to learn that guns may have been taken across the border by known criminals and that they're determined to learn more.
"The evidence we have gathered raises the disturbing possibility that the Justice Department not only allowed criminals to smuggle weapons but that taxpayer dollars from other agencies may have financed those engaging in such activities. While this is preliminary information, we must find out if there is any truth to it," Issa and Grassley wrote.
The letter also said that Melson only learned about the charge of criminals carrying the guns to Mexico after the fact. "
According to Acting Director Melson, he became aware of this startling possibility only after the murder of Border Patrol Agent Brian Terry and the indictments of the straw purchasers, which we now know were substantially delayed by the U.S.," Issa and Grassley wrote.
Firearms law analyst and writer David Codrea believes that even if there is evidence to prove that known criminals took the guns to Mexico with taxpayer money, nothing is likely to be done with the evidence.
"If left to Holder's Justice Department, nothing, because it shows this had to be top-level DoJ-authorized. That's probably a question for Issa's office, although I doubt they'd be inclined to respond and we'll need to see how things play out with them as further hearings are held," Codrea said.
According the committee report, other federal agencies have also been drawn into the operation. The DEA, FBI and upper-level DOJ officers, including the U. S. attorney's office in Phoenix have been named.
The Issa-Grassley letter also says Melson was surprised about the depth of the operation
Once the Fast and Furious operation was made public, several agents and supervisors were reassigned from the Phoenix office. Melson allegedly made the reassignments but was told by DOJ officials not to report the reassignments to Issa's committee.
Spokeswoman Becca Watkins of the House Committee on Oversight and Government Reform said there was pressure being applied.
"He [Melson] didn't say anything to the committee because the ATF operates under the DOJ," Watkins said.
Codrea said the explanation for Melson's silence is something the DOJ will have to tell under oath, but he has his own suspicion.
"That is a question for DOJ officials – under oath. My sense is because any shared information provides another thread to pull, and they don't want the fabric to unravel, so they're keeping a lid on all information and only providing bare minimal responses that have been carefully vetted for damage control," Codrea said.
There is also speculation about whether Melson will resign, something that Issa and Grassley address in their letter to Holder.
"In the last few weeks, unnamed administration officials have indicated to the press that Acting Director Melson would be forced to resign. According to Mr. Melson, those initial reports were untrue. Regardless of what we might have thought before about how he should handle a request to resign, we now know he has not been asked to resign," the letter stated.
"We also now have the benefit of hearing his side of the story and will have a chance to examine what he said and compare it to the other evidence we are gathering. However, that will take some time," the letter added.
The Issa-Grassley letter asserts that Melson is being pressured to leave, even though Melson knew that the appointment was supposed to be temporary.
"In 2009, he said he was asked to take over as acting director of the ATF. Acting director of the ATF is by its nature a temporary job. According to Mr. Melson, he was willing to serve the department with the understanding that after a short tenure as acting director, he would return to a position as a career senior executive elsewhere within the department," the letter read.
"However, two days after he told Acting Deputy Attorney General Cole about serious issues involving lack of information sharing, the Wall Street Journal reported that unnamed sources said that Melson was about to be ousted," the letter added.
Codrea agrees with that assessment and says the administration has a political motive.
"They wanted him to go quietly and they'd get their preferred anti-gun advocate Andrew Traver to bring the Chicago Way to the Bureau – either as acting or through a recess appointment as he's already pretty much been rejected through normal channels," Codrea said.
Melson's admissions were made public in a "Tweet" posted by Issa on his Twitter account.
The Tweet said, ATF Acting Director Melson spilling the beans to Darrell Issa! Issa Tweet! Darrell Issa #AskObama: who is right on #fastandfurious: Eric Holder or #ATF Dir.Melson, whom we just interviewed? INFO: http://1.usa.gov/pvqXJQ #2nd. PDF File letter by Issa & Grassley http://oversight.house.gov/images/stories/Letters..."
Holder needs to be fired and IMMEDIATELY Charged with the murder of Mexican and American Citizens.
Obama needs to be IMPEACHED and IMMEDIATELY Charged with the murder of Mexican and American Citizens.
This is no joke these are Rogue Officials that did the unconscionable this cannot be allowed to go much longer with out actions taken to remove these criminal Thug's.
BATFE ~ Busted
ATF ~ Busted
DHS ~ Busted
Obama and his Small Arms Treaty ~ Busted
"That's good right?"`stopping these guys, and blowin' the lid off! This is Bizzarro World Blowing up in the Federal Governments new face.
The ends "DO NOT" Justify the means to get a North American Perimeter
You cannot give weapons to a cartel that has killed over 30,000 Mexicans
This is the New Water Gate
A journalist's guide to 'Project Gunwalker'
many, many links on this post; go to the link below to view them
The following is a summary and time line of articles appearing on the Sipsey Street Irregulars blog and Gun Rights Examiner, reflecting original reporting on the developing "Project Gunwalker" story by Mike Vanderboegh and myself. That's the purposely ironic name I assigned it, a parody of the Bureau of Alcohol Tobacco, Firearms and Explosive's "Project Gunrunner," and it refers to allegations by whistleblowing ATF insiders that:
* ATF management was allowing potentially hundreds of semiautomatic firearms to be walked across the Mexican border in order to pad statistics used to further budget and power objectives.
* Mexican authorities were kept in the dark, and protests that they should be informed were overridden, first by the Phoenix ATF office, and ultimately by higher-ups in Washington, DC.
* A gun used in this operation was involved in a December 2010 incident in which a Border Patrol agent was killed.
The original allegations were posted on CleanUpATF.org. Vanderboegh and I, who have a history going back years of documenting allegations posted there, and pressing for congressional hearings to investigate the claims, were both contacted independently by various ATF insiders claiming to have corroborating information and documentation. Mike vetted his sources and I used my contacts to help validate that my informant was who he represented himself to be. Mike and I did what we could throughout our separate and coordinated investigations to test and corroborate what was being told. We also had a small circle of behind-the-scenes consultants, including firearms designer Len Savage, and a few other knowledgeable advisors, all with contacts and informed insights of their own, and all of whom have earned our trust over the years.
Our primary goal was to help arrange for protection for our sources, and quickly, as retaliation was feared. Because the allegations involved higher ups within the Justice Department, the added protection afforded by separation of powers was sought. Through various contacts and machinations that are documented in the following timeline, the whistleblowers came under the protective umbrella of Sen. Charles Grassley, a senior member of the Committee of the Judiciary.
Our secondary goal was to push this story outside our limited spheres of influence and into the "mainstream press," so that it would be problematic to ignore or bury things. Again, making this happen has been an ongoing struggle, but we've seen the first cracks in the dam. The following time line will bring journalists just getting involved with this story up to speed by walking them though it, from its genesis to where we are today as major media outlets finally begin to take notice and get involved.
By way of a FAQ, two seem to be recurrent:
Will you have your sources contact us?
and
Will you provide us with copies of documentation?
The answer to both is "No." The reason is one of protection. You will need to observe official proceedings and develop/consult sources of your own.
Here's what's happened so far, at least what I can publicly disclose:
Dec. 28:
* Border Patrol agent killed with ATF-smuggled AR? Some ATF agents seem to think so.
Jan. 3:
* So the DOJ comes to visit, worried about the ATF-smuggled gun that may have killed the Border Patrol officer last month, and their exit page is CUATF.
Jan. 5:
* "Pure fact verified." The ATF scandal that's going to guarantee oversight hearings.
* ATF source confirms ‘walking’ guns to Mexico to ‘pad’ statistics
Jan. 6:
* More information on ATF ‘walking’ guns across Mexican border
Jan. 7:
* Walk Don't Run
* White House now in decision making loop on ATF "Walking Gun-gate" scandal. The ghost of Vince Foster to walk the corridors of the fifth floor?
* This just in on the Mexican end of what David Codrea has called "Project Gunwalker."
Jan. 10:
* The Curious Case of the Walking M-16s by L. Neil Smith
Jan. 12:
* Following the various threads of Project Gunwalker -- "Gun Dealer: 'ATF Approved Sales to Mexican Gun Runners'"
Jan. 13:
* Does Texas gun shop tie in with ‘Project Gunwalker’?
Jan. 18:
* Is ‘Project Gunwalker’ about to bust wide open?
* "Project Gunwalker" scandal story at a tipping point this morning, though it may take a short while for you to see it.
* Senators crawfish on helping agents in Project Gunwalker scandal. See if you can't help concentrate their minds.
Jan. 19:
* Open Letter to Senate Judiciary Committee staff on 'Project Gunwalker'
* Sources, Timeline and Summary of the ATF "Project Gunwalker" scandal and the death of BP agent Brian Terry.
* We have movement on the Senate side of the Project Gunwalker scandal.
* Outstanding idea from Kurt Hofmann on ratcheting up the pressure on the Project Gunwalker scandal!
Jan. 20:
* Mayors Against Illegal Guns issues new graphic in light of ATF's "Project Gunwalker" scandal!
* Yogi Berra was right. Rumor of a big, bad ATF bust early next week.
Jan. 21:
* ‘Project Gunwalker’ sources talking to Senate staffers
* The shadow war for the truth. "Management culture of ATF holds no regard for the life and/or safety of front line agents." STAND DOWN THE ATF!
* Will the Mexican reporter who called last night about Project Gunwalker please contact me?
* Senators now in contact with ATF agents about Project Gunwalker scandal.
Jan. 22:
* Knox reports on ‘Project Gunwalker’
* Jeff Knox and World Net Daily pick up on the Project Gunwalker scandal.
* Brian Terry memorial service marred by insincere promises and pious platitudes
Jan. 23:
* ‘Project Gunwalker’ investigators: Watch for smears, focus on leads
* David Codrea on Liberty Watch Radio about Project Gunwalker.
Jan. 25:
* ATF Project Gunrunner dog and pony show in Phoenix today. Are they ready to spin the "modified limited hangout" on the death of BPA Terry?
* Here's the dog and pony show -- "Gun Running Operation Uncovered in Arizona." Yeah? Did they arrest the Phoenix ATF SAC as the mastermind?
Jan. 26:
* Hans von Spakovsky asks "Is the fix in at Justice? Appointing Robin Ashton to oversee ethical standards is like choosing a fox to guard the henhouse."
* More on the Project Gunrunner dog and pony show in Phoenix.
Jan. 27:
* One question for ‘Project Gunwalker’ skeptics
* This just in: Senate is now referring to "Project Gunwalker" as the "Brian Terry Whistleblower Case" plus a question for ‘Project Gunwalker’ skeptics.
Jan. 30:
* Phoenix ATF reportedly retaliating against ‘Project Gunwalker’ whistleblower
* Mexican press picks up on 'Project Gunwalker'
* David Codrea: "Phoenix ATF reportedly retaliating against ‘Project Gunwalker’ whistleblower."
* "Torpedo . . . LOS!" MEXICAN PRESS PICKS UP ON 'PROJECT GUNWALKER'!! ATF brass headed for lifeboats?
Jan. 31:
* Why does link for Mexican newspaper redirect to the FBI’s website?
* A Sipsey Street Exclusive: Senator Grassley is on the Project Gunwalker scandal case -- big time.
* BREAKING NEWS: Grassley Writes Melson on Project Gunwalker
* "We do not permit the exit of arms to Mexico." Riiight. El Diaro translation, cleaned up by, ironically enough, Avatar at CleanUpATF.org
* ATF execs' ululations of agony -- Not-so-instant Karma at the tipping point of the perpetual scandal that is ATF -- and David Olofson's revenge.
* There's going to be a lot more of this before it is over.
* Plumbing the considerable depths of ATF spokesman "Baghdad Tom" Mangan's 'unawareness.'
Feb. 1:
* Media begins noticing ‘Project Gunwalker’
* Three Examiner Columns on "Project Gunwalker": Two from David and one from Kurt
* Burning the midnight oil at DOJ over Project Gunwalker.
* If it is on television, it must be true.
* Actions louder than words. Eric Holder just told the President of Mexico and Senator Charles Grassley to go fornicate themselves.
Feb. 2:
* Has ATF Phoenix SAC been transferred to Mexico?
* Late to the story, Pravda (WaPo) Parrots Kremlin Cover Up Line.
* "Heer there be Dragones." My letter to the Pravda reporters. "Welcome to the Project Gunwalker Scandal story."
* Washington Post ‘Project Gunwalker’ piece lets key claim go unchallenged
* FOX News picks up the Project Gunwalker story.
Feb. 3:
* Irrational exuberance
* Putting their money where their cover-up is. Did Project Gunwalker Scandal cause the Obama administration to double down on ATF?
* Mainstream press reports shed additional light on ‘Project Gunwalker’
* Of Whistleblowers and Watchdogs
* InfoWars on Gunwalker
* My letter to Consul General Salvador De Lara, Consul General in Atlanta of the Republic of Mexico.
* So where are the "authorized journalists" asking sharp questions of the State Dept. about the violation of treaty & protocol in Project Gunwalker?
* Chris Dumm, writing at The Truth About Guns, has an interesting observation. . .
* Alex Jones' "DisInfo Wars" finally finds the "Gunwalker" scandal, but of course they can't mention Sipsey Street.
* TTAG picks up my letter to the Mexican Consul General in Atlanta. "If there is justice in this world castration's too good for them."
Feb. 4:
* Need good Spanish translation of my letter to the Consul General ASAP
* ATF Deputy Director Melson doing the French Mistake in Lyon.
* I Accuse! Meet the Assistant Attorney General at the center of the Project Gunwalker Cover-up: Lanny Breuer.
* A word about our Project Gunwalker scandal icon.
* Death in the Desert: Project Gunwalker and the ATF Cover-Up
* WaPo Reporter: "Help! I'm trapped in my Weltanschauung and I can't get out!"
Feb. 5:
* The Project Gunwalker Scandal in a nutshell.
* ‘American Thinker’ narrates development of ‘Project Gunwalker’ story
* Did Lanny Breuer play a role in ‘Project Gunwalker’?
* BP agent Brian Terry's own valediction is an indictment of the government-paid cowards who are covering up the circumstances of his death.
Feb. 6:
* On the Obama Death Star, The Project Gunwalker scandal continues as the Empire Strikes Back in the form of evil eminence Darth Breuer.
* ATF Agent: "Unfortunately the objectives usually have nothing to do with the best interest of the Government or the public."
* No answers yet about guns found at Border Patrol agent death scene
* Profiles in Cover-up. When is some big media type going ask Janet Napolitano what the meaning of "swift justice" is? Plus a calendar to keep track.
Feb. 7:
* Big Week for Gunwalker Scandal -- Agents Suggest Witness List. "God have mercy on our agency but please don't give the bad guys another free pass."
* My letter to the Consul General of the Estados Unidos Mexicanos in Atlanta -- In English AND Spanish.
* ‘Project Gunwalker’ allegations bolstered by Project Gunrunner indictments
* Open Source Analysis of "Fast & Furious" Bust Confirms It As An Integral Part of the Project Gunwalker Cover-up.
This post will be regularly updated with new links, so those interested in having a one-stop resource to keep up with Mike and my posts should bookmark it and return to keep apprised of new developments.
From other Gun Rights Examiners:
Sean McClanahan/Des Moines:
* Senator Grassley pushes BATFE on Project Gunwalker
Kurt Hofmann/St. Louis:
* 'Project Gunwalker': Another angle from which to bring the heat
* Cutting BATFE's funding sounding better and better
* Are more tax dollars to be spent facilitating arms trafficking to Mexico?
* Where is the 'gun control' movement's outrage over 'Project Gunwalker'?
Dave Workman/Seattle:
* Selective Seattle coverage: Bloomy gun show sting v. alleged ATF 'negligence'
* Silence in Seattle: Why is Brady Campaign defending ATF operation?
Continue reading on Examiner.com: A journalist's guide to 'Project Gunwalker' - National gun rights | Examiner.com http://www.examiner.com/gun-rights-in-national/a-journalist-s-guide-to-project-gunwalker#ixzz1DMYmKfyw
http://www.examiner.com/gun-rights-in-national/a-journalist-s-guide-to-project-gunwalker
_________________
I'm a Conservative ~ "BOO" and According to Obama and Napolitano I am (AKA) the "Boogieman"
Two in Rio Rico (see 'firearms recovered' link at end of column) Photo: BATFE
Continue reading on Examiner.com: ‘Project Gunwalker’ allegations bolstered by Project Gunrunner indictments - National gun rights | Examiner.com http://www.examiner.com/gun-rights-in-national/project-gunwalker-allegations-bolstered-by-project-gunrunner-indictments#ixzz1DMY0lPVV
“Grand juries have returned multi-count indictments in five cases against 34 defendants accused of assisting Mexican Drug Trafficking Organizations with illegally trafficking firearms from the United States to Mexico,” a Jan. 25 press release from the District of Arizona Office of the United States Attorney announced. http://www.justice.gov/usao/az/press_releases/2011/PR_01252011_Press%20Conference.pdf It was accompanied by a press conference, one Mike Vanderboegh of the Sipsey Street Irregulars blog and I had been tipped off to in advance, and then contacted reporters urging them to attend and suggesting questions to ask, particularly about guns recovered at the murder scene of Border Patrol agent Brian Terry.
One of the confidential sources that has given us consistently reliable information in the investigation we have come to call “Project Gunwalker” has performed an analysis of the indictments and connected some dots, all of which bolster allegations raised to date, including corroborative evidence that there was high level involvement at the Justice Department. Vanderboegh and I agree that the best way to throw maximum light on this is to simultaneously post it at our respective sites. http://sipseystreetirregulars.blogspot.com/2011/02/open-source-analysis-of-fast-furious.html
Our source’s observations follow:
OK, I can’t believe this is even necessary but since no one else seems to have done it? Let us examine what we know through open source material…
On January 25th, 2011, ATF Phoenix and the United States Attorney’s Office – District of Arizona held a press conference where they proudly displayed their 53 count “Jaime Avila Indictment” as a trophy to their exhaustive efforts in combating the flow of U.S. weapons to Mexico. (A copy of the press release and the indictment is available at: http://www.justice.gov/usao/az/ - “Press Room” under “2011 Archives.”)
Some of ATF’s sworn assertion in the case:
“15. Between September of 2009 and through December of 2010, defendants fraudulently and knowingly exported and sent firearms from the United States to Mexico contrary to the laws and regulations of the United States.”
“16. Between September of 2009 and through December of 2010, defendants fraudulently and knowingly received, concealed, bought, sold, and facilitated the transportation, concealment, and sale of firearms prior to exportation, knowing the firearms were intended for exportation contrary to the laws and regulations of the United States.”
Further: “As part of the conspiracy, members of the conspiracy both known and unknown to the grand jury shipped, transported, and exported firearms from the United States to Mexico.”
As we all know, the life of the conspiracy does not automatically reflect when ATF’s investigation began. So when did it?
“28. On or about November 19, 2009, prior to being pulled over by police, HECTOR ROLANDO CARLON attempted to dispose of an FN Herstal 5.7mm pistol purchased on November 17, 2009, by JOSE ANGEL POLANCO.”
“99. On December 8, 2009, SEAN CHRISTOPHER STEWARD purchased forty AK-47 type rifle from FFL Lone Wolf Trading Company, Glendale, Arizona, and during the course of such purchases falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. On December 9,2009, nine of the AK-47 type rifles were found by Douglas, Arizona, police officers in the course of a vehicle stop, concealed in the bumper of a car.”
Perhaps, but it may have just have been a couple of good road officers doing their job? But what about…
“36. On December 8, 2009, a male caller using a telephone number utilized by MANUEL FABIAN CELIS-ACOSTA called FFL Lone Wolf Trading Company, Glendale, Arizona, to inquire as to the number ofAK-47 type rifles in stock. Forty-five minutes after this call, on the morning of December 8, 2009, SEAN CHRISTOPHER STEWARD arrived at Lone Wolf and purchased twentyAK-47 type rifles which he transported to an auto auction business in Phoenix, Arizona, and loaded into another vehicle or vehicles.
“37. On the evening of December 8, 2009, SEAN CHRISTOPHER STEWARD returned to Lone Wolf Trading Company and purchased an additional twenty AK-47 type rifles. SEAN CHRISTOPHER STEWARD loaded the rifles into a white Nissan Titan in which MANUEL FABIAN CELIS-ACOSTA was a passenger. This vehicle was driven to CELIS ACOSTA's residence where the rifles were unloaded.”
Sounds like active investigation to me. How else do we learn the locations, phone calls, times, vehicles, passengers and the drivers? It doesn’t read like statements from a CI or even an historical account from someone directly involved. And remember, the FFL has already released a statement declaring that he was fully cooperating with ATF in this investigation. So at least by November, 2009, this was an active investigation.
Was the ATF doing active surveillance on members of this conspiracy?
“51. On or about August 19, 2010, JONATHAN EARVIN FERNANDEZ purchased nine AK-47 type rifles from Lone Wolf Trading Company, and during the course of such purchase falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. After purchasing the firearms, FERNANDEZ and DANNY CRUZ MORONES, riding with FERNANDEZ, attempted to evade agents and officers conducting surveillance.”
Although this is the only time that it appears in the affidavit, we can be certain that it is not the only time it was done. What else was going on…
“81. On or about May 28, 2010, URIEL PATINO received a .308 caliber rifle from FFL Gunnet, Peoria, Arizona, at MANUEL FABIAN CELIS-ACOSTA's instruction, and during the course of such transfer falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. After receiving the rifle, URIEL PATINO spoke with MANUEL FABIAN CELIS-ACOSTA by phone and MANUEL FABIAN CELIS-ACOSTA instructs URIEL PATINO to deliver the rifle to MANUEL FABIAN CELIS-ACOSTA's residence.”
“67. On or about July 2, 2010, in a telephone conversation with ALFREDO CELIS, MANUEL FABIAN CELIS-ACOSTA directed ALFREDO CELIS to take steps to recover twenty AK-47 type rifles seized by police on or about June 30, 2010.”
“93. On or about July 8, 2010, MANUEL FABIAN CELIS-ACOSTA and FRANCISCO JAVIER PONCE spoke on the telephone and MANUEL FABIAN CELIS-ACOSTA arranged an additional straw purchase for FRANCISCO JAVIER PONCE by URIEL PATINO.”
Can anyone say “T-III”?* (Interesting note: Every agent knows that only Main Justice (DOJ – Criminal) is the final authorization hurdle for any T-III, spin-off, or renewal. They have to be briefed on the case and no affidavit can be submitted to the court without their review and authorization.)
Now, what about the person whose name titles this indictment, Jaime Avila?
“55. On or before November 24, 2009, JUAN JOSE MARTINEZ-GONZALEZ and URIEL PATINO introduced JAIME AVILA Jr. into the conspiracy to purchase firearms. On or about November 24, 2009, PATINO accompanied JAIME AVILA Jr. into Lone Wolf Trading Company while AVILA Jr. purchased firearms for the conspiracy.”
“25. On or about January 16, 2010, JAIME AVILA, Jr. purchased three AK-47 type firearms from FFL Lone Wolf Trading Company, Glendale, Arizona, and during the course of such purchase falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms.”
Avila is in no way the most culpable for firearms purchased according to the indictment. Many others have him beaten in both the number of purchases and amount of firearms trafficked. Why? Avila isn’t even charged in the most serious counts of the indictment. Why? Most striking is that on January 25th, 2011, while the ATF was serving the “Avila Indictment” and preparing for the press conference to follow – Avila wasn’t even arrested in the big roundup. Why? Well, a simple Pacer search (the Federal Courts electronic document system / available to anyone via the internet) reveals that Jaime Avila Jr. was already in jail. The court records clearly show how Avila was arrested during the early morning (just after midnight) of Dec. 16th, 2010, by Phoenix ATF agents for lying on 4473’s. So why on Dec 15th, 2010 did ATF feel the need to rush out and arrest Avila, on a hurried criminal complaint (as opposed to the proper method of indictment) after knowing of his trafficking activities, watching him and his coconspirators, listening to their phones, and investigating them for nearly the past 14 months? What happened on Dec. 15th, 2010? Why was Avila arrested on a criminal complaint, indicted on January 11th, 2011, and then re-indicted on January 19th, 2011? (2-10-MJ-00629MHB, 2-11-CR-00065-GMS, and 2-11-CR-00126-JAT) Why was an indictment and round-up named after him when he had already been in jail for over a month?
And lastly, what about the indictment in general? Although in no way does it have to state everything known in or about the case, it does raise some interesting questions. There are 81 Overt Acts that occurred “Between September of 2009 and through December of 2010” which are specifically detailed:
“110. The factual allegations in paragraphs 24 to 105 of the Indictment are incorporated by reference and re-alleged as though fully set forth herein.”
The last one listed is for August 19th, 2010. What, if anything has been done between then and the January 25th round-up? Why wait so long to indict? In the indictment’s money laundering section, albeit in no way all inclusive, it list $104,251.00 as being spent by conspirators at the one FFL on record for cooperating with the investigation. Nowhere in the indictment nor the press releases is there mentioned any seizure of that money? Furthermore, contained in the 81 overt acts there is detailed the many firearms purchases which, when read and added together, total 717 firearms. The same 81 acts only describe the recovery of 123 firearms. (Note, I may have missed one here or there for both sales and/or recoveries. My numbers are quick tallies; feel free to check my math.) Of special note is the USAO press release (again - http://www.justice.gov/usao/az/ - “Press Room” under “2011 Archives.”, titled “Fast & Furious – Map of Recoveries”) It states the Recovery Totals as U.S. – 372, Mexico – 195. (Totaling 567 / still shy of the 717 listed as purchased in the indictment.) It makes no mention of the circumstances surrounding these recoveries, but it does show…
“Rio Rico 2”. What happened in Rio Rico where 2 firearms were recovered?
Indeed. What happened? http://www.kvoa.com/news/breaking-news-border-patrol-agent-shot-and-killed-near-rio-rico/
Related information:
* US v. Avila et al. http://www.justice.gov/usao/az/press_releases/2011/US_v_Avila_Indictment.pdf
* US v. Flores et al. http://www.justice.gov/usao/az/press_releases/2011/US_v_Flores_Indictment.pdf
* US v. Broome et al. http://www.justice.gov/usao/az/press_releases/2011/US_v_Broome_Indictment.pdf
* US v. Aguilar http://www.justice.gov/usao/az/press_releases/2011/US_v_Aguilar_Indictment.pdf
* US v. Abarca http://www.justice.gov/usao/az/press_releases/2011/US_v_Abarca_Indictment.pdf
* Map of Firearms Recovered in Avilas Investigation http://www.justice.gov/usao/az/press_releases/2011/Fast_Furious_Map_ATF.pdf
*TIII = Title III Electronic Surveillance http://ilt.eff.org/index.php/Privacy:_Wiretap_Act
BLOCKBUSTER: Open Source Analysis of "Fast & Furious" Bust Confirms It As An Integral Part of the Project Gunwalker Cover-up.
This analysis came to David Codrea and Mike Vanderboegh from a current or retired ATF agent and is being released simultaneously here at Sipsey Street Irregulars and David's War on Guns and National Gun Rights Examiner column. The original document has been copied into this form to prevent it being traced.
Note: "TIII" referenced in the text is shorthand for Title III Electronic Surveillance.
The Wiretap Act regulates the collection of actual content of wire and electronic communications. Codified in 18 U.S.C. §§ 2510-2522, the Wiretap Act was first passed as Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and is generally known as "Title III". Prior to the 1986 amendment by Title I of the ECPA, it covered only wire and oral communications. Title I of the ECPA extended that coverage to electronic communications.
More at: http://ilt.eff.org/index.php/Privacy:_Wiretap_Act
Analysis begins:
OK, I can’t believe this is even necessary but since no one else seems to have done it? Let us examine what we know through open source material…
On January 25th, 2011, ATF Phoenix and the United States Attorney’s Office – District of Arizona held a press conference where they proudly displayed their 53 count “Jaime Avila Indictment” as a trophy to their exhaustive efforts in combating the flow of U.S. weapons to Mexico. (A copy of the press release and the indictment is available at: http://www.justice.gov/usao/az/ - “Press Room” under “2011 Archives.”)
Some of ATF’s sworn assertion in the case:
“15. Between September of 2009 and through December of 2010, defendants fraudulently and knowingly exported and sent firearms from the United States to Mexico contrary to the laws and regulations of the United States.”
“16. Between September of 2009 and through December of 2010, defendants fraudulently and knowingly received, concealed, bought, sold, and facilitated the transportation, concealment, and sale of firearms prior to exportation, knowing the firearms were intended for exportation contrary to the laws and regulations of the United States.”
Further:
“As part of the conspiracy, members of the conspiracy both known and unknown to the grand jury shipped, transported, and exported firearms from the United States to Mexico.”
As we all know, the life of the conspiracy does not automatically reflect when ATF’s investigation began. So when did it?
“28. On or about November 19, 2009, prior to being pulled over by police, HECTOR ROLANDO CARLON attempted to dispose of an FN Herstal 5.7mm pistol purchased on November 17,2009, by JOSE ANGEL POLANCO.”
“99. On December 8, 2009, SEAN CHRISTOPHER STEWARD purchased forty AK-47 type rifle from FFL Lone Wolf Trading Company, Glendale, Arizona, and during the course of such purchases falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. On December 9,2009, nine of the AK-47 type rifles were found by Douglas, Arizona, police officers in the course of a vehicle stop, concealed in the bumper of a car.”
Perhaps, but it may have just have been a couple of good road officers doing their job? But what about…
“36. On December 8, 2009, a male caller using a telephone number utilized by MANUEL FABIAN CELIS-ACOSTA called FFL Lone Wolf Trading Company, Glendale, Arizona, to inquire as to the number ofAK-47 type rifles in stock. Forty-five minutes after this call, on the morning of December 8, 2009, SEAN CHRISTOPHER STEWARD arrived at Lone Wolf and purchased twentyAK-47 type rifles which he transported to an auto auction business in Phoenix, Arizona, and loaded into another vehicle or vehicles.
37. On the evening of December 8, 2009, SEAN CHRISTOPHER STEWARD returned to Lone Wolf Trading Company and purchased an additional twenty AK-47 type rifles. SEAN CHRISTOPHER STEWARD loaded the rifles into a white Nissan Titan in which MANUEL FABIAN CELIS-ACOSTA was a passenger. This vehicle was driven to CELIS ACOSTA's residence where the rifles were unloaded.”
Sounds like active investigation to me. How else do we learn the locations, phone calls, times, vehicles, passengers and the drivers? It doesn’t read like statements from a CI or even an historical account from someone directly involved. And remember, the FFL has already released a statement declaring that he was fully cooperating with ATF in this investigation. So at least by November, 2009, this was an active investigation.
Was the ATF doing active surveillance on members of this conspiracy?
“51. On or about August 19, 2010, JONATHANEARVIN FERNANDEZ purchased nine AK-47 type rifles from Lone Wolf Trading Company, and during the course of such purchase falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. After purchasing the firearms, FERNANDEZ and DANNY CRUZ MORONES, riding with FERNANDEZ, attempted to evade agents and officers conducting surveillance.”
Although this is the only time that it appears in the affidavit, we can be certain that it is not the only time it was done. What else was going on…
“81. On or about May 28, 2010, URIEL PATINO received a .308 caliber rifle from FFL Gunnet, Peoria, Arizona, at MANUEL FABIAN CELIS-ACOSTA's instruction, and during the course of such transfer falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. After receiving the rifle, URIEL PATINO spoke with MANUEL FABIAN CELIS-ACOSTA by phone and MANUEL FABIAN CELIS-ACOSTA instructs URIEL PATINO to deliver the rifle to MANUEL FABIAN CELIS-ACOSTA's residence.”
“67. On or about July 2, 2010, in a telephone conversation with ALFREDO CELIS, MANUEL FABIAN CELIS-ACOSTA directed ALFREDO CELIS to take steps to recover twenty AK-47 type rifles seized by police on or about June 30, 2010.”
“93. On or about July 8, 2010, MANUEL FABIAN CELIS-ACOSTA and FRANCISCO JAVIER PONCE spoke on the telephone and MANUEL FABIAN CELIS-ACOSTA arranged an additional straw purchase for FRANCISCO JAVIER PONCE by URIEL PATINO.”
Can anyone say “T-III”? (Interesting note: Every agent knows that only Main Justice (DOJ – Criminal) is the final authorization hurdle for any T-III, spin-off, or renewal. They have to be briefed on the case and no affidavit can be submitted to the court without their review and authorization.)
Now, what about the person whose names titles this indictment, Jaime Avila?
“55. On or before November 24, 2009, JUAN JOSE MARTINEZ-GONZALEZ and URIEL PATINO introduced JAIME AVILA Jr. into the conspiracy to purchase firearms. On or about November 24, 2009, PATINO accompanied JAIME AVILA Jr. into Lone Wolf Trading Company while AVILA Jr. purchased firearms for the conspiracy.”
“25. On or about January 16, 2010, JAIME AVILA, Jr. purchased three AK-47 type firearms from FFL Lone Wolf Trading Company, Glendale, Arizona, and during the course of such purchase falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms.”
Avila is in no way the most culpable for firearms purchased according to the indictment. Many others have him beaten in both the number of purchases and amount of firearms trafficked. Why? Avila isn’t even charged in the most serious counts of the indictment. Why? Most striking is that on January 25th, 2011, while the ATF was serving the “Avila Indictment” and preparing for the press conference to follow – Avila wasn’t even arrested in the big roundup. Why? Well, a simple Pacer search (the Federal Courts electronic document system / available to anyone via the internet) reveals that Jaime Avila Jr. was already in jail. The court records clearly show how Avila was arrested during the early morning (just after midnight) of Dec. 16th, 2010, by Phoenix ATF agents for lying on 4473’s. So why on Dec 15th, 2010 did ATF feel the need to rush out and arrest Avila, on a hurried criminal complaint (as opposed to the proper method of indictment) after knowing of his trafficking activities, watching him and his co-conspirators, listening to their phones, and investigating them for nearly the past 14 months? What happened on Dec. 15th, 2010? Why was Avila arrested on a criminal complaint, indicted on January 11th, 2011, and then re-indicted on January 19th, 2011? (2-10-MJ-00629MHB, 2-11-CR-00065-GMS, and 2-11-CR-00126-JAT) Why was an indictment and round-up named after him when he had already been in jail for over a month?
And lastly, what about the indictment in general? Although in no way does it have to state everything known in or about the case, it does raise some interesting questions. There are 81 Overt Acts that occurred “Between September of 2009 and through December of 2010” which are specifically detailed:
“110. The factual allegations in paragraphs 24 to 105 of the Indictment are incorporated by reference and re-alleged as though fully set forth herein.”
The last one listed is for August 19th, 2010. What, if anything has been done between then and the January 25th round-up? Why wait so long to indict? In the indictment’s money laundering section, albeit in no way all inclusive, it list $104,251.00 as being spent by conspirators at the one FFL on record for cooperating with the investigation. Nowhere in the indictment nor the press releases is there mentioned any seizure of that money? Furthermore, contained in the 81 overt acts there is detailed the many firearms purchases which, when read and added together, total 717 firearms. The same 81 acts only describe the recovery of 123 firearms. (Note, I may have missed one here or there for both sales and/or recoveries. My numbers are quick tallies; feel free to check my math.) Of special note is the USAO press release (again - http://www.justice.gov/usao/az/ - “Press Room” under “2011 Archives.”, titled “Fast & Furious – Map of Recoveries”) It states the Recovery Totals as U.S. – 372, Mexico – 195. (Totaling 567 / still shy of the 717 listed as purchased in the indictment.) It makes no mention of the circumstances surrounding these recoveries, but it does show…
(Link: http://www.justice.gov/usao/az/press_releases/2011/Fast_Furious_Map_ATF.pdf )
“Rio Rico 2”. What happened in Rio Rico where 2 firearms were recovered?
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Mike Vanderboegh answers: The murder of Brian Terry. Note that the origins of the scandal begin at least back in 2009. Note also the Justice Department approval of wiretaps. Do you recall what Senator Grassley wrote in his first letter of 27 January to Acting Director Melson about if the ATF had prior contact with straw purchasers that it would raise a number of serious questions? The fact is that coupled with the decision (by Assistant Attorney General Lanny Breuer) to get rid of Attache Gil and keep the Mexicans in the dark, this is where the cover-up began. It explains why the FBI has been mum on the murder investigation. They CAN'T give us details without the whole sordid tale coming out.
http://sipseystreetirregulars.blogspot.com/2011/02/open-source-analysis-of-fast-furious.html
ATF Project Gunrunner May Have “Lost” 3000 Firearms
U.S. Customs and Border Protection Agent Brian Terry ( courtesy littlebytesnews.amplify.com )
February 6, 2011
by Robert Farago
The “Gunwalker” scandal started at cleanupatf.org. Well it actually started at the Bureau of Alcohol, Tobacco, Firearms and Explosives (and Really Big Fires), where someone had the bright idea to allow rifles to travel from the U.S. to Mexico. Or maybe even “walk” them into Mexico themselves. All so the ATF could justify federal funding and garner kudos by busting said smugglers. Eventually. But not before a Mexican drug gang used two ATF-enabled weapons to murder Brian Terry, an agent for U.S. Customs and Border Protection. Hang on; two weapons? What are the odds? Either the ATF was extremely unlucky in this firearms fiasco or . . . they must be responsible for a large number of deadly weapons falling into the hands of criminals. Now that I’ve had a little time to poke around the site, I’ve discovered the possibility that there may be 3000 smoking guns . . .
Have any of you non-ATF employees reading these posts ever ask yourselves ‘where is the adult supervision in that organization?’ [ED: TTAG's Chris Dumm's exact words.] As ‘gunwalker’ continues to gain attention, the guys in the Phoenix Division rumored that the number of ‘waked’ [sic] guns could be as high as 3,000.
So, where is the adult supervision that says ‘this case is not going anywhere and we are doing more harm than good so STOP?’ These cases were approved by the RAICS, ASIC, SAIC and HQ managers. [ED: anyone know what they're talking about?] So the question is why?”
And the answer is . . .
Well the word from Phoenix is that the SAIC Newell wanted to be able to track where these guns were going in Mexico. As such, the analysts have made pretty charts with lines showing where these guns have turned up. I am not sure how that stems the flow of guns South, especially considering these guns usually get recovered alongside dead bodies.
Let’s stop and think about that. A branch of the United States government was supplying weapons to Mexican criminals who used them to murder Mexican citizens. Why are we only outraged in the usual myopic sense (i.e. if a plane crashes in an African forest and no Americans died did it really happen)? At the risk of stating the obvious, this is madness. The ATF should be shuttered before they start setting fires to clear up those crimes. Madness.
http://thetruthaboutguns.com/2011/02/robert-farago/atf-project-gunrunner-may-have-lost-3000-firearms/
Tuesday, January 25, 2011
ATF Project Gunrunner dog and pony show in Phoenix today. Are they ready to spin the "modified limited hangout" on the death of BPA Terry?
President Richard Nixon: "You think, you think we want to, want to go this route now? And the--let it hang out, so to speak?"
White House Counsel John Dean: "Well, it's, it isn't really that--"
Bob Haldeman: "It's a limited hang out."
Dean: "It's a limited hang out."
John Ehrlichman: "It's a modified limited hang out."
Nixon: "Well, it's only the questions of the thing hanging out publicly or privately."
-- Watergate Tapes, 22 March 1973 meeting between Richard Nixon, John Dean, John Ehrlichman, John Mitchell, and H.R. Haldeman.
A limited hangout, or partial hangout, is a public relations or propaganda technique that involves the release of previously hidden information in order to prevent a greater exposure of more important details. It takes the form of deception, misdirection, or coverup often associated with intelligence agencies involving a release or "mea culpa" type of confession of only part of a set of previously hidden sensitive information, that establishes credibility for the one releasing the information who by the very act of confession appears to be "coming clean" and acting with integrity; but in actuality, by withholding key facts, is protecting a deeper operation and those who could be exposed if the whole truth came out. In effect, if an array of offenses or misdeeds is suspected, this confession admits to a lesser offense while covering up the greater ones. -- Wikipedia.
Confirmed with two reporters that there will be a press conference at 10 a.m. at ATF in Phoenix. It will be all about how Project Gunrunner is protecting us from the evil American gun dealers. Presumably they won't be bragging about "walking" the rifle south that killed BPA Terry. Whether they have a "modified limited hangout" ready remains to be seen.
http://sipseystreetirregulars.blogspot.com/2011/01/atf-project-gunrunner-dog-and-pony-show.html
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