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Fast and Spurious and a Prosecution by Federal Co-Conspirators

Once upon a time I made a lot of money doing nothing more than graphic timelines of events and people all engaged in a single endeavor, just to see who did what, and in what order, and asking why. It’s a terrific analytical tool.

From the moment Fast and Furious went public in Dec 2010, after the murder of Border Patrol Agent Brian Terry, the story became so political, with so much dancing and sidestepping by administration officials inside ATF and the Department of Justice, no wonder a whole category of crimes involved have been overlooked.

In fact, all the serious ones.

As I have often argued, facts don’t lie, and the politics often resolves itself if you simply lay out in simple terms the crimes, who planned them, who carried them out, and who, for whatever reason, collegial loyalty or mutual dirty fingerprints, tried to cover them up.

We all know something of Fast and Furious. It was an ATF plan to allow guns purchased from gun stores along Mexican border states to “walk” into Mexico, where they could lead American and Mexican federal officials to drug cartels buying the guns. (Only I’m not sure if Mexico was dialed into this plan.)

These purchases occurred in 2009-2010, approx 2000 guns (semi-automatic assault-looking rifles and pistols), approx $1M, or average, $500 per weapon. Not a $32 Saturday night special in the lot. The ATF lost track of 1400 of them, 70%, costing them their ISO-9000 certification.

We know that a couple of ATF agents in Phoenix began to complain about the operation because they were not allowed to make arrests as per standard ATF procedures, before the guns got into the hands of criminal end-users. (The actual details as to how guns were to be traced, and arrests made, once they got into criminal hands, is a mystery to me. But with 70% untraceable, it must have been pretty shoddy. But I’m getting ahead of myself.)

But intentional, accidental, or incompetence, in the end it shouldn’t matter.

In Dec, 2010, Agent, Brian Terry, was likely shot and killed by one of two of these 1000 weapons along a smuggling trail in southern Arizona. (I used to try cases near there, in Bisbee.) Strangely, the killers left the two F&F guns laying on the ground at the crime scene, then fled. One man is being held for the shooting, but there is no conclusive proof either of the F&F guns fired the fatal round (according to the FBI, a wholly-owned subsidiary of the Department of Justice.).

Again, it shouldn’t matter.

When this killing occurred, news of the Fast and Furious plan quickly went public. They couldn’t keep a lid on it.  Within 30 days the Federal District Attorney for Arizona, Dennis Burke, ended the Fast and Furious operation by filing a sealed multi-count indictment against the people who were used as straw buyers in the Phoenix area on behalf of drug cartel members, way back at the front end of the operation. There were 20 named people, and I link to that indictment for informational purposes. Read it for all it doesn’t mention, and crimes it doesn’t list. All but one were charged with the principal charges of 1) Conspiracy and 2) Dealing in Firearms without a License, citing 90 separate incidences in 2009 and 2010.

The first named buyer, Avila, though not the biggest buyer, was the man who bought the two rifles found at the scene of Agent Terry’s death. This past April, he and two of the other named defendants pleaded guilty to the two main charges. and face up to 10 years in prison, I assume based on a plea deal that will become evident at sentencing, and possibly later at the trial of the remaining defendants in September.

During Avila’s allocution, no mention was allowed to be made of Agent Terry’s death, or of Fast & Furious, or the two guns. Follow the linked Fronteras leads to other stories, which shows that Agent Terry’s family had sought to be listed as victims in the Avila 20 case, that petition denied by a Tucson Federal judge in Jan 2012, then accepted an informal deal with the new federal prosecutor to withdraw in Feb 2012. Their reasoning: “The request would have opened the possibility of turning the smuggling case into one against the Bureau of Alcohol Tobacco and Firearms.”

If you throw the Department of Justice into the mix, that is precisely the point. They should be.

I’ll tell you why.

The deaths of hundreds of Mexican citizens and Agent Terry were a direct result of acts certain people within ATF, and possibly DOJ, caused to happen.

As long as this case is about the smuggling of guns by straw buyers, and not the intentional or irresponsible placing of guns into the hands of criminals, the real crimes go unaddressed and unpunished. It is my conclusion that the ultimate government purpose now, both in this trial against straw buyers, and in the series of dodges and stalls before Congress, is to hide a series of crimes in which the government was the principal instigator.

My view is that enough crimes were committed, almost from day one of Fast and Furious, that had timely indictments been made, the need to spend millions of tax payer dollars in finding out about a potential cover up would be unnecessary.

The State of Arizona could still lead in this regard.

The Crimes: First things first.

When a man enters a gun store, several laws come into play, not only one. It’s like every young Catholic is taught, there is more than one sin in a lewd thought. And both state and federal laws apply.

And violation of some of those laws can be “more criminal” than others.

First, a buyer must prove he is qualified to buy a gun. He must be of age, a legal resident or citizen, be free of a felony past, and finally, he must, in writing (there’s a federal form for it) that the purchase of the gun is for his personal use, and not for resale, or the use of another.

Console and Associates P.C. reminds us that, as a buyer, it’s a crime to lie about those things, and it’s a crime to transfer the weapons purchased. These are the principal charges against the Avila 20. There is no mention that it was the ATF who so easily placed those guns into the straw buyers’ hands in the first place, or that, but for the ATF, the buys would never have taken place.

There are other crimes, NOT MENTIONED in the indictment, placing certain duties on the selling end of the transaction.

So, for the store owner it is a crime to ignore the falsehoods of buyers or the likelihood they will transfer them for still other criminal purposes.

With this many guns being purchased, especially considering the damage they could do (these weren’t hunting rifles), ordinarily the gun store owners would be indicted as well. Of course, they weren’t here because they were working with/for the ATF. That was the plan. They had been immunized of the crimes they committed. But these were crimes, nonetheless, a point everyone seems to forget.

Up to a point, the government can forgive the trespasser, but never the trespass. But as Eichmann found out, at some point the crime becomes so inherently dangerous, or manifestly heinous, a simple “I was only obeying orders,” or “the DOJ said it was OK won’t do.

Remove the ATF from this buy-sell scenario and simply replay events. The guns would never have been sold in the quantities that they were sold in the first place.

Without the ATF covering their backs, if a buyer makes multiple purchases of guns, such as these, the gun dealer has (at a minimum) the duty to report it to ATF who would then follow it up to ascertain if the guns were for personal use, and locked away in a safe somewhere.  That’s routine, for many law-abiding citizens make multiple gun purchases. (State law usually controls this, as only this week Virginia repealed a one-handgun-a month-law that had been in place for nearly two decades. There is no federal law limiting the number of weapons one can buy in any given period.)

Most of the Fast and Furious purchases were in the range of 5-to-10 at a time, enough to raise suspicion to any seller under ordinary circumstances.

What’s at stake for the seller: The dealer’s duty to report, or deny, the sale is for his own protection. This duty is based in common law as well as general state criminal laws ranging from accessory before a crime to wanton endangerment, for he knows that if he places dangerous instrumentalities into hands he believes are likely to use them for a criminal purpose, he could face criminal charges as well.

Example: If my brother rushes up to me asking for my pistol, because he has just caught his wife in bed with his best friend, and I give it to him, then he does the dirty deed to one or both of the dirty-riders, am I also culpable criminally?

Yes. But don’t forget civil penalties, especially if I live in a mansion and my brother in a trailer park. The gun dealer can be sued for damages, just as OJ Simpson was, his store turned into a flower shop bought by two Greenpeace volunteers at public auction.

So, why weren’t the gun store owners sued, by not only the Terry family but the myriad of Mexican families who had loved ones murdered, each of those guns traceable back to a single transaction with an individual gun dealer? Where are the ambulance chasing Juan Edwards of the southwest? Where are the radio and TV ads in Sonora, asking victims’ families to call 1-800-GUN-SHOT (Si usted o algún ser querido…)

The bottom line is that while ATF and their magic immunizing needle can immunize the store owners, but they cannot erase the crime.

So while we have charges, even guilty pleas for a series of nickle and dime conspiracy and illegal transfer violations, suddenly no one is responsible for up to 300 deaths, including one American, Arizona citizen named Brian Terry.

Suddenly these deaths were  just one big Oooooppps. A paperwork malfunction. As Janet Reno said during the Waco hearings, it was the fault of process.

Knowingly providing weapons to people one knows were intended for use in crimes is a crime, and, at some point, cannot be immunized. That “some point” is found among individuals within the ATF, standing alone, or individuals inside the ATF, standing shoulder to shoulder with individuals in the Department of Justice who told them all this was OK.

This really should not be difficult to prove.

Wanton endangerment works best for me, at the very least, since there are ample facts already in evidence to prove them, requiring no intent, nor injuries or dead people. Putting people in harm’s way is enough.

At the DOJ’s end, at the minimum their failure to act as officers of the Court and indict and prosecute crimes that are squarely in front of their noses. Like wanton endangerment, evidence, as it unfolds can increase this to a full-blown cover-up and collusion.

Either way, these are giant steps past a mere  “ooopps” in process.

Figuring this out is really simple.

Fast and Furious began with a  Plan, and it would be written down. Agents on the front line would not be read into the overall Plan, only their compartmentalized role in it. I assume Issa has seen this Plan, plus the many operational addenda that various action offices added, as well as the legal findings and rules of engagement provided by the District Attorney or one of his minions, (Cunningham or Hurley).

Together, on paper, they would have approved a Plan which, BY LAW, was required to prevent the guns falling into the hands of criminals who would likely use them in the commission of crimes, putting public safety at risk. The Operation had to achieve its mission within these legal parameters, or fold.

If not, the Plan was fatally flawed from the beginning, sort of like when the committee designing Chevrolet’s back in the 70s required the engine block to be lifted out in order to change the plugs on their new and improved Monza. It should never have been allowed to go into production.

If the Plan going forward is flawed, that is one set of offenses. If the ATF steps outside the parameters set by DOJ, that is different set of offenses. In one the DOJ is a co-conspirator, in the other, they have failed to act in accordance with their duties as officers of the Court.

I haven’t seen the Plan, or the DOJ’s advice, so can’t know which is which now, but do know that contrary to upper-management ATF officials testimony there was never any intention to allow the guns to actually walk into the hands of criminals,  the fact that 70% did proves that 1) they lied or 2) the Plan was as incompetently put together as the loan package for Solyndra and as with Solyndra ,various levels of ATF and DOJ were not on the same page. Or even playbook. (Which brings up a whole new set of offenses.)

Both in determining whether intended or unintended, accident, bad luck, blithering indifference (after all the only persons likely killed would be Mexicans) or incompetence, these things matter only to degree: whether the perpetrators get 1-to- 5, or 10-20 years. They are all criminal because of the risks citizens were placed under.

So then, why did the federal prosecutors chase after a bunch of 5-year penalties for making false statements, leaving the wrongful death of a federal agent (and hundreds inside Mexico) unindicted to several people in the chain, when they had the guns that did it, and knew the store owners and buyers who began the chain that put those guns into criminal hands? Why did the feds go after the 5-to-10 and ignore the 25-to-life charges of  being accessories before the fact of murder.

In all likelihood, why  federal prosecutors did not these kinds of  charges is that they would have had to admit a theory of crime in which they themselves participated, and perhaps even launched.

Follow me here. The bone of contention that arose early between field agents (such as whistle-blower John Dodson, in Phoenix) and supervisor (David Voth) is that he were allowing the guns to walk, even as this, according to reports, was contrary to stated ATF policy as enunciated by higher-ups in congressional testimony. Somebody was lying.

In the ordinary world of dog-eat-dog career bureaucrats, front line decision-makers would have been dumped on and indicted quickly, and that would have been the end of it, in early 2011. But this is not what happened. In fact, curiously, a couple of key actors were moved and maybe even promoted, reminiscent of what happened with FBI supervisory agents immediately following WACO.

I am convinced that these guns did not walk due to a couple of rogue superviros. More likely, at certain levels ATF managers believed that, just like the store owners, they were immune from all of the most serious consequences of their intentional actions. Likely this belief could have been obtained from the local DA’s office, or higher up.

From the approximate time the Avila 20 indictments were handed down, (Jan 2011) and the more serious crimes (which still cannot be mentioned in court, and presumably before any jury) were buried instead of being pursued, the ATF and DOJ have been moving in concert. At 18 USC 371, this is known as “Conspiracy”, yet another offense, so I’m inclined to believe DOJ is covering themselves as much as they are ATF.

Now, none of these federal agents are killers, I’m sure. No one intended to hurt anyone. But many are cynical careerists,  bureaucrats,who will quickly reorganize their priorities when something goes wrong, so as to protect their careers (and pensions) first. Especially if forfeiture or jail time may be involved. More was at play here than process gone awry.

What has gone amok is the belief, among many federal officials that they can be immunized simply by an OK from a federal lawyer once a crime becomes manifest, and, I submit, this was long before Agent Terry was killed. With all those guns nowhere to be traced, they knew something had to go wrong.

This is the real lesson from Fast & Furious; that federal law enforcement agents and Department of Justice officials believe they can forgive themselves of any crime. 

After all, it was Barack Obama, on the advice of Eric Holder, who ordered the assassination of an American citizen, then told the world it was legal, a righteous shoot. It wasn’t. Yes, he may have pardoned himself, but we’ve been watching this sort of imperial sense of legal immunity since Waco, and the people simply cannot permit its government to continue to write their own get out of jail free cards, as if they were 16th Century nobility.

So in the end, the current federal case against 20 defendant straw buyers (US v Avila et al) in Phoenix is being prosecuted by co-conspirators to the crime, with the express purpose of keeping their involvement out of it.

So what do we do about it?

Now, I’d love to see Darrell Issa move to ask for a special prosecutor against the ATF and DOJ on these criminal charges, as the criminal case has already proved itself. My suggestion is that Issas and Grassley do a full-blown timeline, with documents, publish them privately, like the Warren Report, stating the case from the angle of wanton endangerment. Name names, and Holder’s doesn’t need to be mentioned.  Go to the floor of the House and do a 30-minute power point, then let it be known that the next administration will chase these crimes and the unindicted co-conspirators once the Obama regime are dissolved. Let them know this now, gentlemen.

And the state of Arizona is not without it own power to shake the ‘simmon tree either, although it has waited a long time. (There may not be an federal “wanton endangerment statute.) Virtually every major crime I’ve mentioned here is an Arizona crime, too. Agent Terry was an Arizonan. And I’d bet prosecutors in Sonora would like to see a little justice brought on behalf of all the families in Mexico and would be happy to work with Arizona prosecutors.

You’ll notice I haven’t said much about Eric Holder.

I’ll drop the Nixon analogy where all the criminals in the Watergate break-in were offered lighter sentences, even a week at Disneyland, if they’d just help nail Nixon’s ass to the White House garage. After all Nixon’s crimes were much more serious than the deaths of 300 people, or so they say. They were so serious you might have thought he’d have sold secret rocket technology to the Chicoms…no wait, that was Bill Clinton. Yes, now I remember, it was his enemies list, which, at last report, was one-one hundredth the size of Barack Obama’s.

In any case, such political crusades by honest men are unseemly. They belong to scoundrels.

Just go after the crimes, do it right, and everything else will fix itself.

You can always trust honest lawyers from Miami wrongful death attorneys when you need them in your wrongful death claim to fight for your rights.

vassarbushmills
Citizen With Bark On

41 COMMENTS

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41 COMMENTS

  1. If Gov Romney wins in November, I expect the Presidential Pardon machine to kick into Clinton-style high gear. Perhaps we’ll need to entertain a constitutional amendment to limit that form of executive power, specifically regarding himself and his minions.

  2. Thanks for keeping this alive, Vassar.  The fact that Democrat crimes keep getting glossed over (as you noted, since Clinton), who rewrote the dictionary of the English language, is an abomination.  Somehow, our side has to stiffen its spine and prosecute these people, otherwise there can be no trust in the law or our laws.

    •  Did you know that the Zetas were given Special Forces training during B. J. Clinton’s term?   Did you know that B. J. weaponized the Community Reinvestment Act..even signed The Bill while Cloward and Piven looked on over his shoulder!?  Some of his other [What was the title of that book?  NONE DARE CALL IT TREASON!] acts are noted in another reply.  One might start to see a pattern and infer a connection.

      Why did so many Clintonian staffers find a role to play in these current issues, even BHO’s administration?  Holder, for instance….

      David Voth, George Gillette, Dennis Burke, Bloody Bill Newell, Hope McCallister….

      • I had thought it was because the only people Obama knew were open communists and black liberation theologists and they had to have some people who knew how to get around Washington.  🙂

        •  Get around?  Yeah, so far, they’ve gotten around, all right.  The even got around recording rules by meeting in coffee houses so as to avoid direct documentation.  Big Sis asks for phone numbers you KNOW she has in speed dial just to make it abundantly clear that warm keyboards sink ships and careers.

    •  I’ve tried to lay out a state case for AZ here, in case their AG hasn’t considered it. For the most part, it’s politics and gut check. There’s nothing to keep AZ Rangers marching in and handcuffing a federal official, although I think most ol tke key players have been transferred out. Maybe DOJ always knew what AZ should have known.

      Also the time line I’ve suggested might allow the Terry family to bring wrongful death, civil actions against named officials even though they’ve left the state.

      Don’t expect any major movement pre-election, but it will be helpful to put all the current feds on notice that they may be pursued after a change of leadership.

      But surely someone in the southwest is interested in the cynical disinterest this administration has shown the deaths of 300 Mexican national. I don’t run the media campaigns, i just write the copy.

      • The sad fact is that many Americans are disinformed nor do they see the merit in pursuing what many describe as a “witchhunt”. The liberals walked out of the house vote using that byline as a reason. the reality is most people do not see the loss of 300 Mexican lives as an issue of import. While debating The merits of the House’s investigation of FandF with a Hispanic liberal friend of mine, he proposed that Congress had better things to do than worry over Dead Mexicans. I agreed we have many problems, yet just sweeping this one under the table would create an opening where rogues of all types would see no contradiction in being servants of the people and breaking the law. That argument fell on deaf ears.

        •  Not here, Pantera. it is the loss of innocent life that propels this article. In this case, the indifference is institutional, and we can no longer tolerate it. We must fight it where we can.

        •  Pantera, 

          Don’t think that US media mouth-pieces represent the reality of “fly-over country.”  I know many who are vexed by the callous disregard for human life…including the victims in Mexico. 

          The callous in Congress could not even pronounce Brian Terry’s  name without stuttering.  The callous in cable TV could not even recall his name. 

          Jaime Zapata is recalled almost as an afterthought by the members of that “revered society.”  [Revered, as the Klan was once revered by their predecessors in the same Democratic Party….and anything BUT revered by me,or any of my friends.]

          Both Brian and Jaime are revered by those of us who bother to know the truth, no matter how many times the mouth-pieces tell everyone to “…move along…nothing to see here…stop the speculating….”

          Most of the +300 dead in Mexico were likely to have been cartel members; but, not all.  Mario Gonzalez was kidnapped and tortured for two weeks before he was executed [the means of his execution are not known to me – the cartels shoot each other, and practice more gruesome and lethal tortures on helpless victims under their total control, as he was before they buried him in a shallow grave.].  Two F&F guns recovered, among 70 rifles seized, when that compound was captured tied his death to the DoJ/DHS/DoS approved and overseen OCDETF Case under which F&F and Castaway ran amok.

          OCDETF was not mentioned, it rarely is; but, OCDETF cases are the shining cities on the hill in the law enforcement world.  Yet the lights remain low on this one….

          Justice is blind, and people commonly know that.  Only the egregiously callous and senseless forget that fact.

          As a practical matter, the turmoil created in northern Mexico also roils throughout Latin America, yet our senseless stenographic pools in newsrooms along the coasts ignore or hide that reality from their customers.

          With over a 1,000 US Cities now hosting cartel operatives, only fools in a newsroom would be so senseless as to think they won’t feel the pain eventually.

  3. About the only thing you missed – the two felons who the FBI allowed to play along and bought (without any legal authority) dozens of guns for transfer to the Sinaloas.  While they face 15 years (felon in possession), the new US Atty negotiated 5 years.  Go figure!
    Excellent article – It is my humble opinion that Fast and Furious was launched by members of the DOJ/HLS/State/FBI/ DEA/ICE transition team looking for a way to …Dennis Burke was there, David Ogden was there, Eric Holder was there, John Morton was there, Hillary and Janet were there, and someone representing Robert Mueller had to participate. It was funded, for Pete’s sake, with the Stimulus (American Recovery Act) in Feb 2009 to place agents in Mexico to count the deaths and the guns. Why doesn’t Holder cooperate?  Because it would take a whole bunch of reckless political appointees, like him, down the drain.  Want a conspiracy?  Try the Dems on the Oversight Committee.

  4. Greetings, and God bless.

    Good work, sir. With the exeptions of the exposes over at Sipsey Street Irregulars and in the writing of David Codrea at the Examiner, yours is the only detailed timeline of these events out there. If I may, I’d like to point out that, based upon the details that I have been able to glean from available coverage, the dealers involved may have less culpability than is indicated in your article. As understand it, they were subject to a certain amount of intimidation and coercion by DOJ/ATF to cooperate in sales that many of them were clearly uncomfortable with. And who are you gonna report that to?

    Thanks,
    William

    •  David is indeed the go-to guy in my book for background on this. He provided invaluable assistance, and on short notice, and during a holiday. That proves all the things necessary to not being called a Democrat.

      I don’t doubt the coercion aspect, but those are facts “not in evidence” as they say. I’d have to do interviews or see prior statements. This is why I posited that what they did would ordinarily be against the best self-interest.

      I don’t want to get into the old Liddy mode of “jack booted thug” but no doubt some in the agency lean in that direction.

      So yes, I think everyone is in need of a soul cleansing in Phoenix.

  5. There are some errors in this article:

    1.  You state that two F&F guns were found at the murder scene of Agent Terry.  BATFE Agent Hope McAllister is on an audio recording where she admits to a Phoenix gun dealer that THREE guns were found at the scene, but ONE of them pointed back to an FBI “employee” and it was “disappeared” – https://www.cbsnews.com/8301-31727_162-20109529-10391695.html

    2.  You state that “Without the ATF covering their backs, if a buyer makes multiple
    purchases of guns, such as these, the gun dealer has (at a minimum) the
    duty to report it to ATF who would then follow it up to ascertain if the
    guns were for personal use, and locked away in a safe somewhere.
    ”   In actuality, the gun dealers reported every one of these requested sales to BATFE and were told to proceed anyway.  In MANY cases, the gun dealers stores were wired with video cameras which provided a live feed to AT LEAST BATFE headquarters in DC.  Furthermore the dealers were running NICS checks on these purchasers BEFORE the sale.  In Avila’s case, those checks came back clean, EVEN THOUGH HE WAS A CONVICTED FELON and therefor unable to legally buy weapons per Federal Government regulations.

    3.  You do not even mention International Trafficking in Arms Regulations (ITAR):  https://pmddtc.state.gov/regulations_laws/itar_official.html  which prohibit the transfer of these weapons to Mexico.  Note that the guns were bought FROM the straw buyers with FBI stimulus funds before being packed for shipment to Mexico.  ICE agents were instructed to NOT inspect the trucks carrying these weapons.

    Hopefully you’ll make the time to follow up on these as well.  Also note that F&F was merely ONE operation run out of the Phoenix Field Division of BATFE.  Operation Castaway, out of their Tampa Field Division, was running guns to former president Zelaya’s supporters in Honduras.  It is unknown how many OTHER operations are still being run out of OTHER Field Divisions and OTHER Agencies, because whistle-blowers have been wary of coming forward in light of the retaliation visited on those BATFE agents who identified this treason.

    •  Thanks for providing add’l information. I don’t profess to know all that needs to be known, but am a fair country analyst.

      1. That is information that a comprehensive timeline which I’ve suggested would include, but isn’t relevent to the narrow points I raise here.
      2. I understand the stores were reporting to ATF, but that they had a duty to do so anyway.
      3. I don’t mention ITAR because, again, I’m not aware of it, and the defendants are not charged with it…againn, which proves there is much they could be charged with that hasn’t surfaced. My guess is the Jan 20 indictments were hastily drawn.

    • Thanks matism.

      You are TOTALLY RIGHT!

      “Strangely, the killers left the two F&F guns laying on the ground
      at the crime scene, then fled. One man is being held for the shooting,
      but there is no conclusive proof either of the F&F guns fired the
      fatal round (according to the FBI, a wholly-owned subsidiary of the
      Department of Justice.).
      Again, it shouldn’t matter.”

      “… there is no conclusive proof either of the F&F guns fired the
      fatal round…”

      IT DOES MATTER!

      The SKS rifle, sold by a Dallas gun dealer under a related program, was documented by the officers who then turned it over to the FBI agents when the FBI arrived and took over the murder investigation.  You want a can of worms opened?  Follow that SKS both ways – original sale, forward, and trace, forward.Re: Whistleblowers in other, perhaps on-going, operations-  Look for a slew of ‘national security’ non-disclosure ‘agreements’.  It’s the Federal equivalent to “Silver, or lead?”

  6. Holder also should be included with all the other suspects in the indictments for his obstruction of justice, perjury and apparent conspiracy of collusion to cover-up this criminal scandal. It would not be fair to the victims or the interests of justice to let him off the hook. When the courts prosecute organized crime they don’t let the big fish off the hook. Nor is it a “witch hunt” to go after the top leadership if they are involved in the cover-up. Indict and prosecute all those involved in both the crimes and the cover-ups.

  7. Well Mr. Bushmills, how do we take down and bring to Justice, Professor Moriarty and the United States Crime League? 

    Who will step up and fill the shoes of this century’s Untouchables?

    As always, you present us with nourishment for the little gray cells.

    •  Thanks Jeff. A comprehensive timeline is what needs to be created, using all the docs and sworn testimony before Congress and in the public record…for public consumption. It’s not a massive undertaking but would make a nice contribution to the public’s understanding so that this stigma of partisan bickering is removed. I doubt if Elijah Cummings would accept a letter by Dennis Burke as proof, but I dooubt he reads much snyway.

      This is just a thumbsketch, but I’m surprised  Rep Issa nor Sen Grassley have put one together for their own cmmittees’ use.

  8. Mr. B.

    I’ve finally taken the horn by the bulls and blocked out all external interference to read what is nothing short of your normal brilliance.

    I’ve taken the liberty to link your writing at The American Survival Guide within our coverage of Fast And Furious.  We’ve been on it heavy since day one with postings, videos, etc. – as I type this, we’re at 52 pages of material and commentary just on Fast And Furious, along with hundreds of other topics on their own pages.

    As to the matter at hand, it’s the way of the Totalitarian.

    Set up the misdeed, accuse those who are against the Totalitarian agenda of committing the crime, bring them to trial and make quite sure the direct accusers are involved out in the open with prosecutorial duties as well as bearing (abjectly false) witness against the accused.

    It also helps to have a 99.9999% compliment of sycophantic media and currently seated political opportunists on the side of evil incarnate.

    Long ago before we met – even before my first days at Ban Central Station – I posited things of this nature and worse were on the horizon for our nation.  The scoffing and hem-hawing were a sight to behold and being called “insane” became a compliment to me.

    Now, we find ourselves and our nation – regardless of what the unwashed masses think or say by rote – we find ourselves and our nation quite close to the figurative and literal edge of eternity.

    When I was a ‘wacawwy yout’, the thought of having to in-country physically defend my flag, nation, freedom and life against my own people – Americans –  was so silly as to be non-existent.

    Now, due to the build up of several momentous events at the same time * – some of us would say the scheduling is on purpose – the thought of it NOT having to in-country physically defend my flag, nation, freedom and life against my own people is on the waning leeward side of the all-waters-churning harbor.

    Yes indeed, we do certainly live in interesting times.

    Cheers my friend !

    Kenny Solomon
    Israel Survival Updates
    The American Survival Guide

    — — —

    * 1. UN Arms Treaty being forced in, maybe without Congressional approval due to the administration not caring about the once-august body…… 2. The Muslim Brotherhood being officially recognized and invited for an official state visit (posting here at UP)……. 3. The flat-out ignoring the charges pending from FastAndFurious by the administration of the aforementioned sidelining of Congress…….. 4. Whatever it is with the health care madness that will take much more than a simple repeal to deal with……… 5. The elections in Mexico which just handed Mr. George Soros and the cartels the entire nation……… 6. Our own pending ‘open and transparent’ elections taking place this November…….. and much more.

  9. Regarding my commentary above regarding confirmation that Agent Terry and all other agents of the line were armed with beanbag shells for their shotguns……. I dug back through the archives and whaddayaknow………. March 3rd 2011 was the date and a posting by Jim Hoft over at Gateway Pundit from an article at the very legitimate media source, The Arizona star.

    Fast-forward to today……. Today…….. TODAY……… The #HeilObama administration openly admitted USBP agents were armed with beanbags.

    https://theamericansurvivalguide.com/showthread.php?1535-Border-Patrol-Agent-Killed-in-Southern-AZ&p=23489&viewfull=1#post23489

    Understand this and understand this well:  There are no coincidences when it comes to this administration – None.

    Releasing this information was well-thought out as to the data itself, timing, etc.

    Plans within plans within plans.

    • Which, if it hasn’t already, should trigger a separate investigation.  The shotguns bought by the Dept of Education were not of the type that fire beanbags, but our border patrol is issued bean bags? Maybe to control a bunchof rowdy ilegals at a Cinco de Mayo fest, but not on the border facing Mexican gangs.  Arming the Sinolas with AK’s and giving our guys beanbags??
      The plot thickens.

      • The bean bag rounds can be fired from any shotgun…specialized guns are not required.

        Remember Ramos and Compean, the partner BPOs who shot the Mule in the butt and were commuted by GWB as he turned out the lights and headed back to Texas? Big Sis took note of all the Mexican aggressors being shot and decided that she was NOT going to have officers under her command shooting Mexicans. It wouldn’t look good. Mexicans were supposed to be doing that, and she wanted to appear to have no peace with that.

        So, she issued the order: Any gun-fight involving BPOs had better see socks flying down range before any actual metal could follow. “Fair warning/fair play, an all dat.”

        One could wage a credible argument that thebean bag requirement started with Bush, and the Marquess of Queensburry Rules he backed us into.

  1. If Gov Romney wins in November, I expect the Presidential Pardon machine to kick into Clinton-style high gear. Perhaps we’ll need to entertain a constitutional amendment to limit that form of executive power, specifically regarding himself and his minions.

  2. Thanks for keeping this alive, Vassar.  The fact that Democrat crimes keep getting glossed over (as you noted, since Clinton), who rewrote the dictionary of the English language, is an abomination.  Somehow, our side has to stiffen its spine and prosecute these people, otherwise there can be no trust in the law or our laws.

    •  Did you know that the Zetas were given Special Forces training during B. J. Clinton’s term?   Did you know that B. J. weaponized the Community Reinvestment Act..even signed The Bill while Cloward and Piven looked on over his shoulder!?  Some of his other [What was the title of that book?  NONE DARE CALL IT TREASON!] acts are noted in another reply.  One might start to see a pattern and infer a connection.

      Why did so many Clintonian staffers find a role to play in these current issues, even BHO’s administration?  Holder, for instance….

      David Voth, George Gillette, Dennis Burke, Bloody Bill Newell, Hope McCallister….

      • I had thought it was because the only people Obama knew were open communists and black liberation theologists and they had to have some people who knew how to get around Washington.  🙂

        •  Get around?  Yeah, so far, they’ve gotten around, all right.  The even got around recording rules by meeting in coffee houses so as to avoid direct documentation.  Big Sis asks for phone numbers you KNOW she has in speed dial just to make it abundantly clear that warm keyboards sink ships and careers.

    •  I’ve tried to lay out a state case for AZ here, in case their AG hasn’t considered it. For the most part, it’s politics and gut check. There’s nothing to keep AZ Rangers marching in and handcuffing a federal official, although I think most ol tke key players have been transferred out. Maybe DOJ always knew what AZ should have known.

      Also the time line I’ve suggested might allow the Terry family to bring wrongful death, civil actions against named officials even though they’ve left the state.

      Don’t expect any major movement pre-election, but it will be helpful to put all the current feds on notice that they may be pursued after a change of leadership.

      But surely someone in the southwest is interested in the cynical disinterest this administration has shown the deaths of 300 Mexican national. I don’t run the media campaigns, i just write the copy.

      • The sad fact is that many Americans are disinformed nor do they see the merit in pursuing what many describe as a “witchhunt”. The liberals walked out of the house vote using that byline as a reason. the reality is most people do not see the loss of 300 Mexican lives as an issue of import. While debating The merits of the House’s investigation of FandF with a Hispanic liberal friend of mine, he proposed that Congress had better things to do than worry over Dead Mexicans. I agreed we have many problems, yet just sweeping this one under the table would create an opening where rogues of all types would see no contradiction in being servants of the people and breaking the law. That argument fell on deaf ears.

        •  Not here, Pantera. it is the loss of innocent life that propels this article. In this case, the indifference is institutional, and we can no longer tolerate it. We must fight it where we can.

        •  Pantera, 

          Don’t think that US media mouth-pieces represent the reality of “fly-over country.”  I know many who are vexed by the callous disregard for human life…including the victims in Mexico. 

          The callous in Congress could not even pronounce Brian Terry’s  name without stuttering.  The callous in cable TV could not even recall his name. 

          Jaime Zapata is recalled almost as an afterthought by the members of that “revered society.”  [Revered, as the Klan was once revered by their predecessors in the same Democratic Party….and anything BUT revered by me,or any of my friends.]

          Both Brian and Jaime are revered by those of us who bother to know the truth, no matter how many times the mouth-pieces tell everyone to “…move along…nothing to see here…stop the speculating….”

          Most of the +300 dead in Mexico were likely to have been cartel members; but, not all.  Mario Gonzalez was kidnapped and tortured for two weeks before he was executed [the means of his execution are not known to me – the cartels shoot each other, and practice more gruesome and lethal tortures on helpless victims under their total control, as he was before they buried him in a shallow grave.].  Two F&F guns recovered, among 70 rifles seized, when that compound was captured tied his death to the DoJ/DHS/DoS approved and overseen OCDETF Case under which F&F and Castaway ran amok.

          OCDETF was not mentioned, it rarely is; but, OCDETF cases are the shining cities on the hill in the law enforcement world.  Yet the lights remain low on this one….

          Justice is blind, and people commonly know that.  Only the egregiously callous and senseless forget that fact.

          As a practical matter, the turmoil created in northern Mexico also roils throughout Latin America, yet our senseless stenographic pools in newsrooms along the coasts ignore or hide that reality from their customers.

          With over a 1,000 US Cities now hosting cartel operatives, only fools in a newsroom would be so senseless as to think they won’t feel the pain eventually.

  3. About the only thing you missed – the two felons who the FBI allowed to play along and bought (without any legal authority) dozens of guns for transfer to the Sinaloas.  While they face 15 years (felon in possession), the new US Atty negotiated 5 years.  Go figure!
    Excellent article – It is my humble opinion that Fast and Furious was launched by members of the DOJ/HLS/State/FBI/ DEA/ICE transition team looking for a way to …Dennis Burke was there, David Ogden was there, Eric Holder was there, John Morton was there, Hillary and Janet were there, and someone representing Robert Mueller had to participate. It was funded, for Pete’s sake, with the Stimulus (American Recovery Act) in Feb 2009 to place agents in Mexico to count the deaths and the guns. Why doesn’t Holder cooperate?  Because it would take a whole bunch of reckless political appointees, like him, down the drain.  Want a conspiracy?  Try the Dems on the Oversight Committee.

  4. Greetings, and God bless.

    Good work, sir. With the exeptions of the exposes over at Sipsey Street Irregulars and in the writing of David Codrea at the Examiner, yours is the only detailed timeline of these events out there. If I may, I’d like to point out that, based upon the details that I have been able to glean from available coverage, the dealers involved may have less culpability than is indicated in your article. As understand it, they were subject to a certain amount of intimidation and coercion by DOJ/ATF to cooperate in sales that many of them were clearly uncomfortable with. And who are you gonna report that to?

    Thanks,
    William

    •  David is indeed the go-to guy in my book for background on this. He provided invaluable assistance, and on short notice, and during a holiday. That proves all the things necessary to not being called a Democrat.

      I don’t doubt the coercion aspect, but those are facts “not in evidence” as they say. I’d have to do interviews or see prior statements. This is why I posited that what they did would ordinarily be against the best self-interest.

      I don’t want to get into the old Liddy mode of “jack booted thug” but no doubt some in the agency lean in that direction.

      So yes, I think everyone is in need of a soul cleansing in Phoenix.

  5. There are some errors in this article:

    1.  You state that two F&F guns were found at the murder scene of Agent Terry.  BATFE Agent Hope McAllister is on an audio recording where she admits to a Phoenix gun dealer that THREE guns were found at the scene, but ONE of them pointed back to an FBI “employee” and it was “disappeared” – https://www.cbsnews.com/8301-31727_162-20109529-10391695.html

    2.  You state that “Without the ATF covering their backs, if a buyer makes multiple
    purchases of guns, such as these, the gun dealer has (at a minimum) the
    duty to report it to ATF who would then follow it up to ascertain if the
    guns were for personal use, and locked away in a safe somewhere.
    ”   In actuality, the gun dealers reported every one of these requested sales to BATFE and were told to proceed anyway.  In MANY cases, the gun dealers stores were wired with video cameras which provided a live feed to AT LEAST BATFE headquarters in DC.  Furthermore the dealers were running NICS checks on these purchasers BEFORE the sale.  In Avila’s case, those checks came back clean, EVEN THOUGH HE WAS A CONVICTED FELON and therefor unable to legally buy weapons per Federal Government regulations.

    3.  You do not even mention International Trafficking in Arms Regulations (ITAR):  https://pmddtc.state.gov/regulations_laws/itar_official.html  which prohibit the transfer of these weapons to Mexico.  Note that the guns were bought FROM the straw buyers with FBI stimulus funds before being packed for shipment to Mexico.  ICE agents were instructed to NOT inspect the trucks carrying these weapons.

    Hopefully you’ll make the time to follow up on these as well.  Also note that F&F was merely ONE operation run out of the Phoenix Field Division of BATFE.  Operation Castaway, out of their Tampa Field Division, was running guns to former president Zelaya’s supporters in Honduras.  It is unknown how many OTHER operations are still being run out of OTHER Field Divisions and OTHER Agencies, because whistle-blowers have been wary of coming forward in light of the retaliation visited on those BATFE agents who identified this treason.

    •  Thanks for providing add’l information. I don’t profess to know all that needs to be known, but am a fair country analyst.

      1. That is information that a comprehensive timeline which I’ve suggested would include, but isn’t relevent to the narrow points I raise here.
      2. I understand the stores were reporting to ATF, but that they had a duty to do so anyway.
      3. I don’t mention ITAR because, again, I’m not aware of it, and the defendants are not charged with it…againn, which proves there is much they could be charged with that hasn’t surfaced. My guess is the Jan 20 indictments were hastily drawn.

    • Thanks matism.

      You are TOTALLY RIGHT!

      “Strangely, the killers left the two F&F guns laying on the ground
      at the crime scene, then fled. One man is being held for the shooting,
      but there is no conclusive proof either of the F&F guns fired the
      fatal round (according to the FBI, a wholly-owned subsidiary of the
      Department of Justice.).
      Again, it shouldn’t matter.”

      “… there is no conclusive proof either of the F&F guns fired the
      fatal round…”

      IT DOES MATTER!

      The SKS rifle, sold by a Dallas gun dealer under a related program, was documented by the officers who then turned it over to the FBI agents when the FBI arrived and took over the murder investigation.  You want a can of worms opened?  Follow that SKS both ways – original sale, forward, and trace, forward.Re: Whistleblowers in other, perhaps on-going, operations-  Look for a slew of ‘national security’ non-disclosure ‘agreements’.  It’s the Federal equivalent to “Silver, or lead?”

  6. Holder also should be included with all the other suspects in the indictments for his obstruction of justice, perjury and apparent conspiracy of collusion to cover-up this criminal scandal. It would not be fair to the victims or the interests of justice to let him off the hook. When the courts prosecute organized crime they don’t let the big fish off the hook. Nor is it a “witch hunt” to go after the top leadership if they are involved in the cover-up. Indict and prosecute all those involved in both the crimes and the cover-ups.

  7. Well Mr. Bushmills, how do we take down and bring to Justice, Professor Moriarty and the United States Crime League? 

    Who will step up and fill the shoes of this century’s Untouchables?

    As always, you present us with nourishment for the little gray cells.

    •  Thanks Jeff. A comprehensive timeline is what needs to be created, using all the docs and sworn testimony before Congress and in the public record…for public consumption. It’s not a massive undertaking but would make a nice contribution to the public’s understanding so that this stigma of partisan bickering is removed. I doubt if Elijah Cummings would accept a letter by Dennis Burke as proof, but I dooubt he reads much snyway.

      This is just a thumbsketch, but I’m surprised  Rep Issa nor Sen Grassley have put one together for their own cmmittees’ use.

  8. Mr. B.

    I’ve finally taken the horn by the bulls and blocked out all external interference to read what is nothing short of your normal brilliance.

    I’ve taken the liberty to link your writing at The American Survival Guide within our coverage of Fast And Furious.  We’ve been on it heavy since day one with postings, videos, etc. – as I type this, we’re at 52 pages of material and commentary just on Fast And Furious, along with hundreds of other topics on their own pages.

    As to the matter at hand, it’s the way of the Totalitarian.

    Set up the misdeed, accuse those who are against the Totalitarian agenda of committing the crime, bring them to trial and make quite sure the direct accusers are involved out in the open with prosecutorial duties as well as bearing (abjectly false) witness against the accused.

    It also helps to have a 99.9999% compliment of sycophantic media and currently seated political opportunists on the side of evil incarnate.

    Long ago before we met – even before my first days at Ban Central Station – I posited things of this nature and worse were on the horizon for our nation.  The scoffing and hem-hawing were a sight to behold and being called “insane” became a compliment to me.

    Now, we find ourselves and our nation – regardless of what the unwashed masses think or say by rote – we find ourselves and our nation quite close to the figurative and literal edge of eternity.

    When I was a ‘wacawwy yout’, the thought of having to in-country physically defend my flag, nation, freedom and life against my own people – Americans –  was so silly as to be non-existent.

    Now, due to the build up of several momentous events at the same time * – some of us would say the scheduling is on purpose – the thought of it NOT having to in-country physically defend my flag, nation, freedom and life against my own people is on the waning leeward side of the all-waters-churning harbor.

    Yes indeed, we do certainly live in interesting times.

    Cheers my friend !

    Kenny Solomon
    Israel Survival Updates
    The American Survival Guide

    — — —

    * 1. UN Arms Treaty being forced in, maybe without Congressional approval due to the administration not caring about the once-august body…… 2. The Muslim Brotherhood being officially recognized and invited for an official state visit (posting here at UP)……. 3. The flat-out ignoring the charges pending from FastAndFurious by the administration of the aforementioned sidelining of Congress…….. 4. Whatever it is with the health care madness that will take much more than a simple repeal to deal with……… 5. The elections in Mexico which just handed Mr. George Soros and the cartels the entire nation……… 6. Our own pending ‘open and transparent’ elections taking place this November…….. and much more.

  9. Regarding my commentary above regarding confirmation that Agent Terry and all other agents of the line were armed with beanbag shells for their shotguns……. I dug back through the archives and whaddayaknow………. March 3rd 2011 was the date and a posting by Jim Hoft over at Gateway Pundit from an article at the very legitimate media source, The Arizona star.

    Fast-forward to today……. Today…….. TODAY……… The #HeilObama administration openly admitted USBP agents were armed with beanbags.

    https://theamericansurvivalguide.com/showthread.php?1535-Border-Patrol-Agent-Killed-in-Southern-AZ&p=23489&viewfull=1#post23489

    Understand this and understand this well:  There are no coincidences when it comes to this administration – None.

    Releasing this information was well-thought out as to the data itself, timing, etc.

    Plans within plans within plans.

    • Which, if it hasn’t already, should trigger a separate investigation.  The shotguns bought by the Dept of Education were not of the type that fire beanbags, but our border patrol is issued bean bags? Maybe to control a bunchof rowdy ilegals at a Cinco de Mayo fest, but not on the border facing Mexican gangs.  Arming the Sinolas with AK’s and giving our guys beanbags??
      The plot thickens.

      • The bean bag rounds can be fired from any shotgun…specialized guns are not required.

        Remember Ramos and Compean, the partner BPOs who shot the Mule in the butt and were commuted by GWB as he turned out the lights and headed back to Texas? Big Sis took note of all the Mexican aggressors being shot and decided that she was NOT going to have officers under her command shooting Mexicans. It wouldn’t look good. Mexicans were supposed to be doing that, and she wanted to appear to have no peace with that.

        So, she issued the order: Any gun-fight involving BPOs had better see socks flying down range before any actual metal could follow. “Fair warning/fair play, an all dat.”

        One could wage a credible argument that thebean bag requirement started with Bush, and the Marquess of Queensburry Rules he backed us into.

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