Tuesday, July 19, 2011

Operation Fast and Furious XXIV

Justice Dept. under fire in guns scandal

The Justice Department is trying to protect its political appointees from the Fast and Furious scandal by concealing an internal "smoking gun" report and other documents that acknowledge the role top officials played in the program that allowed firearms to flow illegally into Mexico, according to the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Justice Department trying to shield officials in guns scandal, ATF chief says

Kenneth Melson, the ATF's acting director, claims Justice Department officials refuse to release a telling internal report on the Fast and Furious operation.

By Richard A. Serrano, Washington Bureau
The Justice Department is trying to protect its political appointees from the Fast and Furious scandal by concealing an internal "smoking gun" report and other documents that acknowledge the role top officials played in the program that allowed firearms to flow illegally into Mexico, according to the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Kenneth E. Melson, the ATF's acting director, also told congressional investigators this month that the affidavits prepared to obtain wiretaps used in the ill-fated operation were inconsistent with Justice Department officials' public statements about the program. Justice Department officials advised him not to raise his concerns with Congress about "institutional problems" with the Fast and Furious operation, Melson said.

"It was very frustrating to all of us," Melson told congressional investigators in a private meeting over the Fourth of July holiday, "and it appears thoroughly to us that the department is really trying to figure out a way to push the information away from their political appointees at the department."

Not only was the department slow to react, Melson said, but Justice Department officials indicated they did not want him to cooperate with Congress.

A transcript of his comments was released Monday by Rep. Darrell Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform, and Sen. Charles E. Grassley of Iowa, the top Republican on the Senate Judiciary Committee.

Melson said he wasn't attempting to shield his agency from its share of the blame. He acknowledged an instance in which his agents failed to intercept high-powered weapons when they could have.

"The deputy attorney general's office wasn't very happy with us" at the ATF, Melson said, "because they thought this was an admission that there were mistakes made. Well, there were some mistakes made."

Justice Department officials denied they were stonewalling the congressional investigation. They said they were cooperating and had been providing thousands of pages of documents and other material to investigators.

"Any notion that the department has failed to cooperate with the investigation is simply not based in fact," said Tracy Schmaler, a Justice Department spokeswoman. She added that the department's inspector general's office was reviewing the Fast and Furious operation.

"The department, like the committee, is interested in determining whether Operation Fast and Furious was appropriately handled," Schmaler said.

The intent of Fast and Furious was to allow illegal straw purchasers to buy guns so ATF agents could follow the weapons and ferret out gun-smuggling routes into Mexico. But many of the approximately 1,700 weapons eluded tracing — some even before they were shipped over the border.

Nearly 200 of the weapons were later found at crime scenes in Mexico, and two were recovered at the scene of a U.S. Border Patrol agent's slaying in Arizona in December.

Melson said the Justice Department repeatedly thwarted his attempts to tell investigators about the failures of Fast and Furious, which was run out of the ATF's Phoenix field office. When the ATF reassigned managers in Phoenix, he said, "the department resisted" his offer to tell Congress about the changes. Melson said he was told not to issue any news releases about Fast and Furious and was instructed not to brief rank-and-file ATF agents about the growing scandal.

When Grassley sought to meet with Melson this year, the Justice Department blocked that interview too, Melson said. "This is really just poking [Grassley] in the eye," Melson said he told Justice Department officials. "He's going to get it through the back door anyway, so why are we aggravating this situation?"

Melson said he felt "very torn" when he learned after the operation went awry that some of the Mexican drug cartel leaders targeted in the program were paid informants for the FBI.

"Let me say that I am frustrated and disappointed in the way the whole thing has been handled, unfortunately," he said.

BATFE Chief admits mistakes in Fast and Furious

The head of the Bureau of Alcohol, Tobacco, Firearms and Explosives has admitted that his agency, in at least one instance, allowed sales of high powered weapons without intercepting them and he accuses his superiors at the Justice Department of stonewalling Congress to protect political appointees in the scandal over those decisions.

WASHINGTON -- The head of the Bureau of Alcohol, Tobacco, Firearms and Explosives has admitted that his agency, in at least one instance, allowed sales of high-powered weapons without intercepting them -- and he accuses his superiors at the Justice Department of stonewalling Congress to protect political appointees in the scandal over those decisions.
Acting ATF Director Kenneth Melson made the disclosures about the so-called Operation Fast and Furious in an interview with congressional investigators looking into the controversial anti-gunrunning initiative.
The operation was designed to track small-time gun buyers up to major weapons traffickers along the U.S. border with Mexico. Critics estimate that 1,800 guns targeted in the operation are unaccounted for, and about two-thirds of those probably are in Mexico. 
Melson's acknowledgement is the first by any senior ATF leader that confirms some of the criticism that Republicans on Capitol Hill have been leveling at Fast and Furious. The objections have resulted in congressional hearings and an inquiry by the Justice Department's inspector general.
Rep. Darrell Issa of California and Sen. Chuck Grassley of Iowa, the two Republicans leading the charge in Congress against Fast and Furious, released a statement Monday noting Melson's testimony, along with a letter to Attorney General Eric Holder outlining their complaints.
The two lawmakers accuse Holder's department of "unsatisfactory responses and lack of cooperation" with the congressional probe, and Melson seemed to agree.
"It was very frustrating to all of us, and it appears thoroughly to us that the Department (of Justice) is really trying to figure out a way to push the information away from their political appointees at the department," Melson said in one quote highlighted by Issa and Grassley.
Melson is quoted as saying, "there were some mistakes made" in Fast and Furious by the ATF's Phoenix Field Division, but Melson said aides to Holder didn't want to admit those mistakes to Congress.
Melson spoke during closed-door questioning earlier this month by Senate and House investigators working for the two Republican lawmakers. Their letter to holder contained excerpts from Melson's testimony.
At a congressional hearing a month ago, three ATF agents said they were repeatedly ordered to step aside while gun buyers in Arizona walked away with AK-47s and other high-powered weaponry headed for Mexican drug cartels. So far, 20 small-time gun-buyers have been indicted, but the investigation is still under way.
Melson told the congressional investigators that after the criticism emerged he assigned a task force of agents to review the operation and he personally read all the operations' investigative reports that pertained to one defendant.
"I read through those and found ROIs (reports of investigation) that indeed suggested that interdiction could have occurred, and probably should have occurred, but did not occur," Melson said.
Melson said the ATF gave the reports about the failure to interdict guns in that instance to Justice Department superiors "because to me that was a smoking gun" and "we really needed to look at the rest of this particular case."
Melson also provided some support for complaints by Grassley and Issa that the Justice Department has been slow in producing documents the lawmakers have demanded.
"I think they were doing more damage control than anything" at the Justice Department, Melson said, according to one of the excerpts in the letter from Grassley and Issa to Holder.
In his statements to congressional investigators, Melson also said he understood that some potential defendants in the investigation may not be indictable because they are working as informants with other government agencies. Melson said he raised the issue with the deputy attorney general and with the Justice Department's inspector general.

http://onlygunsandmoney.blogspot.com/2011/07/bloody-hands.html



Scandal: Democrats who condemned our support of Nicaraguan freedom fighters in the '80s now ignore administration gun-running that may have put American weapons in the hands of the Central American MS-13 gang.
As if "Project Gunrunner" and "Operation Fast and Furious" weren't bad enough, we now learn of "Operation Castaway," run out of the Bureau of Alcohol, Tobacco, Firearms and Explosives' Tampa field division. It's another operation that allowed guns to "walk" south of the border, this time to Honduras, using similar techniques and tactics.
Rep. Gus Bilirakis, R-Fla., sent two letters a week ago to Attorney General Eric Holder and ATF Acting Director Kenneth Melsom inquiring about the program. He shouldn't expect much. As commentator Brit Hume noted on "Fox News Sunday": "The stench of cover-up on this gun-running operation is very strong indeed."
"Two weapons found at the scene of the murder of U.S. Border Patrol Agent Brian Terry were traced back to the ATF's 'Operation Fast and Furious,' and reports now indicate that ATF's Tampa field division trafficked as many as 1,000 firearms to the dangerous MS-13 gang in Honduras through a similar program known as 'Operation Castaway,' " Bilirakis states on his website.
If these programs bring back memories of the Iran-Contra scandal, we are not surprised. If you're wondering why this isn't as big a scandal, so do we. Iran-Contra wasn't funded in a stimulus package to create jobs. Nor did it occur with the full knowledge and approval of both the attorney general and the White House, as these "gun-walking" fiascos did.
Iran-Contra is the umbrella name for a series of actions that at least had the worthy goal of keeping a still-ambitious Soviet Union from establishing a second permanent Communist beachhead in the America, this time in Nicaragua.
Project Gunrunner, of which Operation Fast and Furious was a part, and now Operation Castaway, are without noble purpose. The cover story is that they were part of a plan to trick and track gunrunners. In fact, these schemes made it easy for criminals, drug cartels and gangs to acquire weapons.
The real purpose, we have stated and still suspect, was to advance the administration's push for gun control and the stripping of law-abiding Americans of their Second Amendment rights through "common sense" restrictions on private gun ownership by creating chaos and fomenting violence with the guns provided.
Indeed, it did not take long for ATF to announce a new gun-control mandate — the requirement that gun store owners in the border states of Arizona, California, Texas and New Mexico make a special ATF report for multiple long-gun sales, the same type of weapons the ATF was freely providing to the worst of the worst.
This comes as the Department of Justice is stalling on any cooperation with Rep. Darrel Issa's House Oversight Committee. The only information ATF has provided freely has been to potential witnesses, giving them, according to BigGovernment.com, access to a shared drive on its computer system so everyone can compare notes and get their stories straight.
The body count of Gunrunner, Fast and Furious, and Castaway includes Border Patrol agent Brian Terry, who was killed in December 2010 at the hands of an illegal immigrant working for the Sinaloa Cartel while patrolling an area near Tucson. In addition to Terry, Immigration Customs Enforcement Agent Jaime Zapata was also killed in a separate incident by a weapon allowed to "walk" into Mexico from the U.S.
Only 1,300 of the estimated 2,500 guns allowed to walk into Mexico have been recovered and roughly 150 Mexican law enforcement officers have been killed by weapons traced to Gunrunner. As the bodies pile up, the stench of cover-up grows very strong indeed.

http://pajamasmedia.com/blog/gunwalker-atf-targets-were-actually-fbi-informants/?singlepage=true

Gunwalker: ATF Targets Were Actually FBI Informants

It would be comical if we weren’t talking about dead federal agents and Mexican nationals.
July 19, 2011 - 12:00 am - by Bob Owens


Writing from the Los Angeles Times Washington Bureau, Richard Serrano reveals that at least six of the ATF’s targets in Operation Fast and Furious were paid FBI informants.
In a letter to FBI Director Robert S. Mueller III, the investigators asked why U.S. taxpayers’ money apparently was paid to Mexican cartel members who have terrorized the border region for years in their efforts to smuggle drugs into this country, and to ship U.S. firearms into Mexico.
“We have learned of the possible involvement of paid FBI informants in Operation Fast and Furious,” wrote Rep. Darrel Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform, and Sen. Charles E. Grassley of Iowa, the top Republican on the Senate Judiciary Committee. The two have been the leading congressional critics of the program.
“At least one individual who is allegedly an FBI informant might have been in communication with, and was perhaps even conspiring with, at least one suspect whom ATF was monitoring,” they wrote.
The FBI and DEA did not tell the ATF about the alleged informants. The ATF and congressional investigators learned later that those agencies apparently were paying cartel members whom the ATF wanted to arrest.
To simplify: the Department of Justice was paying ATF agents to ignore federal laws in order to provide weapons to criminal informants paid by the FBI, who then distributed those weapons to other cartel members who killed federal agents from Border Patrol and Immigration and Customs Enforcement plus an estimated 150 soldiers and police in Mexico.
The development draws FBI Director Robert Mueller further into the scandal, and suggests that acting ATF Director Ken Melson was being truthful when he claimed he was unaware of key elements of Operation Fast and Furious. Congressional investigators now need to interview the FBI director and determine if Mueller was also being provided with only partial details about the operation.
If that turns out to be the case, it is a damning indictment of the Justice Department and senior officials within the Department, who learned nothing about the disastrous and deadly effects of compartmentalization which were partially to blame for the success of Islamic terrorists on September 11, 2001. The “wall of separation” created by Clinton-era Deputy Attorney General Jamie Gorelick seems to have been embraced by her successor Eric Holder, who is now the attorney general under Barack Obama.
The “wall” was created to safeguard the civil liberties of terrorists by keeping counter-terrorists from communicating with federal prosecutors, but can be twisted to serve a far more nefarious purpose, as the various “Gunwalker” operations being uncovered seem to show.
“Operation Fast and Furious” was run out of Phoenix as a multi-agency operation, and Congress is now pursuing leads into “Operation Castaway,” an operation based out of Tampa that seems to have mirrored the goals and tactics of the Arizona operation while providing weapons to the violent MS-13 gang in Honduras. Additionally, ICE Agents Jaime Zapata and Victor Avila were ambushed — and Zapata killed — with a weapon traced back to a yet-unnamed operation based out of Dallas. A steady recovery of weapons to southern Mexico out of the Houston area seems to indicate the possibility of a fourth operation.
It has been know from the beginning of the scandal that Operation Fast and Furious was a multi-agency operation involving elements of the Department of Justice (ATF, DEA, FBI, etc.) the Department of Homeland Security, the IRS, and almost certainly the State Department. It is suspected that this operation violated the Arms Export Control Act, and turned federal law enforcement officers into felons.
While the administration originally tried to scapegoat acting ATF Director Melson and a key source indicates that Deputy Assistant Attorney General Kenneth Blanco is now being set-up to take the fall, neither man has the authority or reach to initiate or approve this kind of operation. It is unlikely that U.S. Attorney General Eric Holder was unaware of such wide-ranging and vast operations that involved every law enforcement agency within the Department of Justice. It is also possible — even probable at this point — that he perjured himself in congressional testimony.
Holder either knew of the operation and purposefully committed his agencies to committing thousands of felony acts, or he is a serial incompetent playing the role of patsy for a cabinet-level peer or his superior.
The Honorable Michele M. Leonhart, Administrator
U.S. Drug Enforcement Administration
700 Army Navy Drive
Arlington, VA 22202

Dear Administrator Leonhart:

On March 15, 2011, Senator Grassley sent you a letter requesting a briefing to gain a better understanding of the Drug Enforcement Administration’s (DEA) involvement in Operation Fast and Furious. Conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Operation Fast and Furious, was an Organized Crime Drug Enforcement Task Force (OCDETF) case. That letter is attached for your ready reference. Nearly four months later, your agency has yet to respond directly.

On April 12, 2011, the Department of Justice (DOJ) responded on behalf of DEA. In its letter, DOJ stated:

Generally speaking, . . . when another Department component leads an OCDETF investigation, DEA works cooperatively to support drug-related aspects of the investigation. Such cooperation means that DEA may share investigative expertise, report leads, and provide manpower to assist in an investigative or enforcement operation as requested by the lead investigative agency.[1]


This information sharing, or lack thereof, is precisely the reason Senator Grassley made the initial request. Consequently, we request that you make arrangements by no later than July 19, 2011 for DEA supervisors and personnel with specific knowledge of details related to Operation Fast and Furious and the parallel DEA case to brief members of both of our staffs.

In addition to the aforementioned briefing, please provide the following documents:

1) The number of informants or cooperating defendants handled by other agencies identified in the course of any investigations related to Operation Fast and Furious defendants. For each informant or cooperating defendant, please identify the other agency, the date that DEA learned of their informant or cooperating defendant’s status, and a description of how the DEA learned of their informant or cooperating defendant’s status.

2) All information related to indicted Fast and Furious suspect Manuel Fabian Celis-Acosta.

3) A list of all personnel designated as DEA liaisons with other federal law enforcement agencies in Arizona, New Mexico, and Texas.

Please also include any communications of the following individuals at DEA relating to Operation Fast and Furious or Manuel Fabian Celis-Acosta:

1) Elizabeth Kempshall, Special Agent in Charge, Phoenix

2) Doug Coleman, Acting Special Agent in Charge, Phoenix

3) Chris Feistle, Assistant Special Agent in Charge, Phoenix

4) Albert Laurita, Assistant Special Agent in Charge, Tucson

5) David Hathaway, Resident Agent in Charge, Nogales

6) Joe Muenchow, Resident Agent in Charge, Yuma

These records should include emails, memoranda, briefing papers, and handwritten notes. You should also produce communications these individuals had with any ATF employee from between October 1, 2009, and June 30, 2011.

Please provide the documents and information requested no later than July 26, 2011. If you have any questions regarding this request, please contact Ranking Member Grassley’s office at (202) 224-5225 or Chairman Issa’s Committee staff at (202) 225-5074. Thank you for your prompt attention to this important matter.

Sincerely,

Darrell Issa, Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives

Charles E. Grassley, Ranking Member, Committee on the Judiciary, U.S. Senate

Enclosure

cc: The Honorable Eric H. Holder, Jr., Attorney General, U.S. Department of Justice

The Honorable Elijah E. Cummings, Ranking Member, U.S. House of Representatives, Committee on Oversight and Government Reform

The Honorable Patrick Leahy, Chairman, U.S. Senate, Committee on the Judiciary


The Honorable Robert S. Mueller, III
Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, D.C. 20004

Dear Director Mueller:

For the past six months, we have been conducting an investigation into Operation Fast and Furious, conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). This program allowed approximately 2,000 heavy-duty assault type firearms to be illegally trafficked, and hundreds of these weapons have already been recovered at crime scenes in Mexico. Operation Fast and Furious was an Organized Crime Drug Enforcement Task Force (OCDETF) prosecutor-led strike force case where ATF worked in coordination with other agencies. The Federal Bureau of Investigation (FBI) was one of these agencies. To help us better understand the role of the FBI in this multi-agency OCDETF case, we request that you produce communications relating to Operation Fast and Furious by FBI personnel based in Phoenix, Arizona, Tucson, Arizona, and El Paso, Texas, including the below-listed officials:

1) Nathan Gray, Former Special Agent in Charge, Phoenix Field Division

2) Annette Bartlett, Assistant Special Agent in Charge, Phoenix Field Division

3) Stephen Cocco, Acting Special Agent in Charge, Phoenix Field Division

4) Steven Hooper, Assistant Special Agent in Charge, Phoenix Field Division

5) John Iannarelli, Assistant Special Agent in Charge, Phoenix Field Division

6) John Strong, Assistant Special Agent in Charge, Phoenix Field Division

7) David Cuthbertson, Special Agent in Charge, El Paso Field Division

8) The Case Agent from the Tucson office in charge of the Brian Terry murder investigation

Such communications should include e-mails, documents, memoranda, briefing papers, and handwritten notes. You should also produce communications these individuals had with any ATF employee between October 1, 2009, and June 30, 2011.

Paid FBI Informants

In recent weeks, we have learned of the possible involvement of paid FBI informants in Operation Fast and Furious. Specifically, at least one individual who is allegedly an FBI informant might have been in communication with, and was perhaps even conspiring with, at least one suspect whom ATF was monitoring. We are interested in determining the veracity of these claims. To that end, please provide a response to the following questions:

1) How many paid FBI informants, prospective informants assigned an informant number, or cooperating defendants (“informants”) were in communication with any of the ATF suspects or their associates under Operation Fast and Furious? What was the nature of, and how frequent were, these contacts?

2) Were any of these informants previously deported by the Drug Enforcement Administration or any other law enforcement agency? If so, when did these deportations take place?

3) What is the process for repatriation for FBI informants? What other agencies are notified? Did that process occur here?

4) Were FBI personnel in Arizona aware of the involvement of these informants during Operation Fast and Furious?

5) Did other law enforcement agencies learn of the involvement of FBI informants related to Operation Fast and Furious? If so, please explain in detail when and how?

Additionally, please provide the following:

6) Any FBI 302s relating to targets, suspects, defendants or their associates in the Fast and Furious investigation, including the 302s provided to ATF Special Agent Hope MacAllister during the calendar year 2011.

7) Any other investigative reports prepared by the Bureau relating targets, suspects or defendants in the Fast and Furious case.

Jaime Zapata

Additionally, we understand that the FBI is the lead investigative agency into the death of Immigrations and Customs Enforcement (ICE) Special Agent Jaime Zapata, who was murdered in Mexico on February 15, 2011. The family of Jaime Zapata is still seeking answers about the circumstances involving his death. On June 14, 2011, attorneys for the Zapata family wrote a letter to José Angel Moreno, U.S. Attorney for the Southern District of Texas, Cory Nelson, the FBI Special Agent in Charge for San Antonio, and several ICE officials in Texas requesting information about the specific circumstances of Jaime Zapata’s death.[2] Given the FBI’s lead role in this investigation, we respectfully ask the following questions related to the Zapata murder:

1) Was Jaime Zapata armed? If not, why not?

2) Was Jaime Zapata traveling in a bulletproof vehicle? If so, how was he killed inside of the vehicle?

3) Please describe, in detail, the actual circumstances leading up to, and including, the shooting of Jaime Zapata.

4) What investigative steps have been taken by the Bureau since the shooting?

Additionally, please provide the following:

5) Any FBI 302s relating to this investigation.

6) Any other investigative reports prepared by the Bureau regarding the Zapata murder.

7) Any photographs of the crime scene taken by FBI personnel.

Please provide the requested documents and information as soon as possible, but no later than noon on July 25, 2011. If possible, the preference is to receive all documents in electronic format.

If you have any questions regarding these requests, please contact Ranking Member Grassley’s office at (202) 224-5225 or in Chairman Issa’s office at (202) 225-5074. We look forward to receiving your response.

Sincerely,

Darrell Issa, Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives

Charles E. Grassley, Ranking Member, Committee on the Judiciary, U.S. Senate

cc: The Honorable Eric H. Holder, Jr., Attorney General, U.S. Department of Justice

The Honorable Elijah E. Cummings, Ranking Member, U.S. House of Representatives, Committee on Oversight and Government Reform

The Honorable Patrick Leahy, Chairman, U.S. Senate, Committee on the Judiciary

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