-Submitted by David Drumm (Nal), Guest Blogger
Katherine Eban of Fortune has published the results of a six-month investigation into the Fast and Furious scandal that turns the previous narrative on its head. Eban notes a fundamental misconception at the heart of the scandal: while no one disputes that straw purchasers repeatedly bought guns that fell into the hands of criminals, “five law-enforcement agents directly involved in Fast and Furious tell Fortune that the ATF had no such tactic.”
Eban points out the irony of Republicans, who support the National Rifle Association’s attempts to weaken gun laws, chiding the ATF for not interdicting enough guns.
Eban’s investigation reveals a poorly funded ATF operation, antagonism among the agents, and local gun laws that make straw purchases all but impossible to prosecute. One suspect had legally purchased 476 firearms for more than $300,000 while accepting food stamps. Another suspect, who was jobless, paid more than $10,000 for a 50-caliber rifle.
However, the assistant U.S. Attorney said that agents did not have probable cause to confiscate the weapons. A spokesman of Rep. Issa asserts that even if agents were following prosecutors’ directives, “the practice is nonetheless gun walking.” Such an admission is a serious walk-back. What did Issa expect the agents to do? Illegally seize lawfully purchased guns?
Under Arizona law, it is perfectly legal to buy as many guns as you can afford as long as you’re 18 or older and pass a criminal background check. The Phoenix area is home to 853 federally licensed firearms dealers who advertise volume discounts on billboards. Just 200 miles from Mexico, drug cartels have recruited young Americans as straw purchasers. It is a boom time for Arizona firearms dealers.
There still remains troubling questions concerning a few gun dealers ordered by the ATF to sell guns to every illegal purchaser with wads of cash who walked through their doors. The ATF had set up surveillance cameras in the ceiling of one store with promises to follow the guns. It was from this store that Jaime Avila, a transient, legally purchased guns that later showed up at the scene of Border Patrol Agent Brian Terry’s murder.
With 853 gun dealers in Phoenix alone, the seven-agent Fast and Furious team never stood a chance. Straw purchases are hard to prove and carry minimal penalties so prosecutors are not motivated to pursue these kinds of cases.
There is much more detail in Eban’s must read article.
– Submitted by David Drumm (Nal), Guest Blogger –
H/T: Kevin Drum, Richard A. Serrano (LA Times), John Holbo, Michael LaBossiere.
woody,
Don’t know why, but a lot your comments were flagged as Spam. I unspammed the last one. Don’t know if it will show up.
Otterway: Of course the JD won’t pursue the contempt charge…not a lot of sub-ordinates will prosecute thier own boss! As for the rest of the issue, the entire operation was destined to failure from the beginning. No amount of firearms should have been sold to illegal buyers, promises of “following” the illegal weapons or not. Whether the plan was to locate cartel operatives by trying to trace the weapons in a foreign country known for its massive corruption and “wild west” style of living or it was a set up to try to promote more gun control, the operation resulted in the loss of life for an American border patrol agent and countless innocent lives in Mexico (and probablt many more!). As long as all the documents dealing with F&F reamin concealed, no law enforcement agency involved is going to admit its participation in a tragic (and unexusable), flawed operation of this magnitude. If there is no wrong-doing by this Administration or the fault lies elsewere, then why the ultimate cover-up (i.e. “executive privilege”)? Let’s see the proof instead of relying upon the “we don’t have to prove anything, just trust us” mentality of the current Administration!
If the ATF program was a multi-year failure because another arm of the Justice Department couldn’t prosecute (due to the AZ laws) then why wasn’t the ATF program just shut down? At best it was just a gross waste of tax dollars.
Idealist: “Maybe it’s us who are the game to be hunted—but they won’t admit that.”
“Us”? My doG man, have we invaded Sweden too? 🙂
Last I read (about 10 days ago) 26,000 people a year die from gun inflicted injuries in the USA, three an hour is how it works out; suicide, accident/misadventure and murder.
As a comparison 32,800 were killed in/by motor vehicles in 2010.
mr. turley …when are you going to give us your opinion on vance v. rumsfeld/????
Is there an FBI wiretap on this computer…my post on Vance v. Rumsfeld has been erased??? This is a bigger scandal than fast and furious
On a related topic, I see Justice Department lawyers have determined the contempt of congress charge by Issa and company against AG Holder is not criminal and not even worthy of bringing before a Grand Jury. At least they will not be wasting any more taxpayer money on Issa’s dog and pony show. Who could have predicted that?
grammar cops: it’s should be its
mahtso 1, June 30, 2012 at 10:29 am
“Under Arizona law, it is perfectly legal to buy as many guns as you can afford as long as you’re 18 or older and pass a criminal background check.”
That may be true, but I am fairly certain it is a crime if the purchases are for another person, as may be the case here.
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I have the right to make a purchase for myself and shortly thereafter decide that I no longer want the gun for myself and I sell it to someone else. That is legal. Hard to prove that my intent was to purchase for another. Although if it could be proved that my “loan” for the purchase was from the same person who subsequently it bought from me maybe intent can be inferred. If person A “loans” me the money and I sell person B. Unless it can be shown that person B took care of my “loan”, I’m home free again.
I think that the only way to stop the massive gun sales is for AZ to change it’s laws or for Congress to do so. The majority of Congress is in the hands of the NRA. AZ state legislature is more interested in restricting the rights of all Latinos and women. I don’t see much of a chance for change unless Issa witch hunt has some unintended (for him) consequences.
Nal 1, June 30, 2012 at 10:47 am
From the article:
“Transferring [guns] to another is lawful and even sale or barter of the guns to another is lawful unless the United States can prove by clear and convincing evidence that the firearm is intended to be used to commit a crime.”
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That would indicate a case in civil court would it not, because if it were a criminal charge the beyond a reasonable doubt standard would apply.
Just sayin’ …
From the article:
“Transferring [guns] to another is lawful and even sale or barter of the guns to another is lawful unless the United States can prove by clear and convincing evidence that the firearm is intended to be used to commit a crime.”
I believe Issa’s “investigation” is 100% b.s./witchhunt. However… post an actual Congressional Contempt vote, doesn’t DOJ refusal to refer to Grand Jury on basis of Exec. Privilege effectively gut any Congressional oversight, ever?
IANAL but have concerns about ramifications, here.
Mahtso,
IN some States you can buy guns in what they call a “Hand to Hand” purchase…..no record check, no nothing….. The only exclusion that I am aware of is that it can not be a dealer selling guns this way…
“Under Arizona law, it is perfectly legal to buy as many guns as you can afford as long as you’re 18 or older and pass a criminal background check.”
That may be true, but I am fairly certain it is a crime if the purchases are for another person, as may be the case here.
Maybe there is no fire here, but look at some of the smoke:
US Atty for Az forced to resign (Dennis Burke)
Chief Criminal Atty at US Atty’s Office in Az takes 5th rather than testify before Congress and also resigns (Patrick Cunningham)
Justice Department rescinds a report (or letter) to Congress on the issue
White House denies knowledge or involvement, but then asserts Executive Privilege
I almost forgot, great job David. The Fortune magazine article cuts the heart out of the talking points that Rep. Issa lives and breathes on.
Rep. Issa is the poster child for lying and cheating and clawing your way to the top, no matter the cost and no matter what happens to the truth on the way up. He is a disgrace to the Congress.
When a war is unwise the tactics within its parameters will not lead to a wise result either.
The unwise war on drugs is another perversion of power designed to enrich the 1% at the expense of the 99%.
The House dynamics Nal writes about in this post are dynamics that distract from the “big gun” sales in other parts of the world.
We sell gazillions of dollars worth of military hardware to a nation that was improperly involved with the events of 9/11.
I don’t follow the issue, but want to compliment the clear presentation in this blawg.
It ieads me to a clear conclusion: What chance did the ATF have—NONE.
Just for kicks: Wonder what the comparable density is in
Tucson and in cities in other border states; ie number of gun dealers per city population?
And wonder how the NRA reasons on such stats and the game population of the same states? Maybe it’s us who are the game to be hunted—but they won’t admit that.
Maybe we should re-think the Merida Initiative. Since we militarized “Mexico’s Drug War” that is being fought because we can’t enforce our absurd drug laws, things seem to have gotten a whole lot more brutal.
It’s worth noting too that this is all being done with the complicity of major US financial institutions.
“During a 22-month investigation by agents from the US Drug Enforcement Administration, the Internal Revenue Service and others, it emerged that the cocaine smugglers had bought the plane with money they had laundered through one of the biggest banks in the United States: Wachovia, now part of the giant Wells Fargo.”
http://www.guardian.co.uk/world/2011/apr/03/us-bank-mexico-drug-gangs
It’s the old and tired saying….. I want it my way, now…… You beg to differ….. I’m sorry….. I can play Monday Morning Quarterback……