TTAC Armed Intelligentsia contains a number of lawyers. So correct me if I’m wrong. Aiding and abetting the sale of a firearm to a known criminal is illegal. If the criminal uses one of those the firearms in a murder, the person who knowingly supplied the weapon to a felon could be charged as an accomplice. If so, under that definition, the Bureau of Alcohol, Tobacco, Firearms and Explosives is guilty of “criminal activity”—seeing as the ATF conspired with American gun stores and/or gun purchasers to allow/encourage illegal firearms sales to known criminals. Of course, that’s not what the ATF is talking about in the above headline. Not yet. At the moment, it’s all about Clifford Dean Posey (via hamptonroads.com) . . .
A special agent from Chesapeake with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives pleaded guilty in Richmond on Monday to five charges related to the theft of firearms, cigarettes and money.
Clifford Dean Posey, 43, faces up to 20 years in prison on the most serious wire fraud charges when he is sentenced at a later date in the Richmond federal court.
Posey admitted that while investigating illegal cigarette traffickers last year he sold thousands of dollars worth of cigarettes and pocketed the money. He also admitted taking firearms in ATF custody and trying to sell them.
Posey’s greatest crime: not wangling a transfer to the ATF’s Project Gunrunner and Operation Fast and Furious, the initiatives that enabled thousands of guns to flow from Bob’s Gun Store to the Sinola Drug Cartel.
Yesterday, Senator Grassley uncovered and released ATF and DOJ damaging emails. They reveal that the Department of Justice’s denial of the “walked guns” program was a porky pie. Grassely wrote a letter bringing this to the DOJ’s attention, asking for an explanation—other than “none of us want to go to jail.”
While Grassley’s rooting around, and God knows we’re rooting for him, let’s play twenty questions . .
1. Were any of the so-called straw-purchasers working directly or indirectly for the ATF?
2. Did the ATF recruit gun smugglers, either knowingly or unknowingly (for the smugglers)?
3. Did the ATF pay any money to any gun smugglers at any time for any reason (i.e. the gun purchase itself)?
4. Did the ATF know what, how, when, where and to whom the guns were going? Did they directly or indirectly influence any of those variables?
5. Did the ATF work with any other federal agencies to enable the smuggling?
6. If so, which agencies, what did they know and when did they know it?
7. Specifically, did the ATF “clear a path” for the gun smugglers?
8. How were the guns/buyers monitored?
9. Was there a locator chip installed in any of the weapons? If so, by whom, when and where?
10. When exactly did the ATF cease monitoring the guns whereabouts?
11. How many smugglers were involved in Project Gunrunner and Operation Fast and Furious?
12. How many agents?
13. How were the agents assigned and what were their instructions?
14. What was the overall command structure—from field agents to the DOJ.
15. How were the cases structured?
16. Did the ATF have any contact with any member of the Mexican government relative to these initiatives at any time during either programs’ duration?
17. How did the ATF rate the success or failure of the program?
18. What did the AYF tell the gun stores that served as a “jumping off point” for gun smugglers? What promises were made in exchange for cooperation?
19. Are Agent Terry and ICE Agent Zapata the only Americans killed by Mexican criminals using guns smuggled under the aegis of the ATF?
20. Who let the dogs out? Who? Who who?
I remember hearing words like that (no tolerance of corruption) when I worked for the SC Department of Corrections! I went to Infernal Affairs when a murderer escaped. I was later refused the right to return-they even told me that was the reason why! I had served 4 years as one of their best firearms instructors. Pick the High Road and you’re likely to get a speeding ticket! I don’t care, I believe in the code of conduct The Citadel taught me.
Yes, the ATF would be an accomplice, and in fact, the situation would meet all the elements of a conspiracy – which would enhance/add to the charges. BUT…proving intent will always be an issue. The ATFs intention was probably to “catch bad guys” and not become some grossly/recklessly negligent as to have modern/sporting home defense rifles end up in the hands of Jose across the river.
Sound like RICO to me.
“Aiding and abetting the sale of a firearm to a known criminal is illegal. If the criminal uses one of those the firearms in a murder, the person who knowingly supplied the weapon to a felon could be charged as an accomplice.”
Not exactly, but close. There is the requirement of “scienter” — guilty knowledge. Start the first sentence with “Knowingly” and you’re there. Unless the government is involved. Remember that Richard Nixon once said “when the president does it, that means that it is not illegal.” Well, when ATF does it its not illegal because the agents had knowledge, but it wasn’t guilty knowledge. The pricks skate. Unless they were paid off, in which case they are eligible for an all-expense paid vacation to Leavenworth.
You know it is not a crime if the Assistant United States Attorney assigned to the case authorizes what would be criminal activity. For instance, major Federal law enforcement agencies, such as ICE, FBI, USSS, and DEA, routinely participate in the delivery and payment for drugs, merchandise, counterfeit currency, etc. It is routine activity to allow those items to be allowed to “walk” away to establish that a purchase or sale happened and to allow the investigating agency to build a case for multiple violations of a particular statute.
The real person to talk to is that particular Assistant United States Attorney who’s name is on record allowing this. There is one, as no agency involves themselves in such activity without the agreement of their local U.S. Attorney’s Office to prosecute the case once all the transactions have been completed.
And, despite the fact that most agencies, like ICE, FBI, DEA, etc, claim that their authority to engage in what is usually criminal activity in pursuit of an investigation, they all know that they must have an AUSA on board, or, theoretically, they can be criminally prosecuted.
The ATF is one of the most corrupt in the US government–corruption is a part of who and what the ATF stands for–they are unnecessary–we all did fine before Nixon unconstitutionally created them!
To all tax payers and gun owners BEWARE the ATF SS GOONS are selectively hunting all of you!!Also any FFL dealers back up your records off site!! Any FFL dealers who have a business out of there home BEWARE THEY ARE COMING!!They want all those LIC back and all your inventory!They will not be stopped!All the FED JUDGES,Prosecutors are all in on the SCAM!They can Perjure there self and do anything they want they are so far ABOVE THE LAW nothing you can do will matter!There conviction rate is 98.7% you will not win!Its all for asset SEIZURE and FORFEITURE its a 80 billion $ a year Corp!OH yea they steal everything shopping spree for SA!This is enough said look for the book CANNIBALS OF THE ATF coming soon!They Killed My 9 1/2 year old BloodHound Daisey the most docile breed there is!The Book Is For Her!BEWARE!!!!!!!!The Book Tells The whole Truth for the safety of what family i have left enough said!!