Project Gun-walker and the ATF

[twoguns]

More lawlessness from agents of the fedgov.




Death in the Desert: Project Gunwalker and the ATF Cover-Up
By T.L. Davis
On December 14, 2010, a firefight erupted in the Arizona desert. When the smoke had cleared, Customs and Border Protection Agent Brian Terry was dead, and the seeds of a scandal had been sown. Some of the rank and file of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), often referred to as the ATF, began to grow concerned that a new development in Project Gunrunner probably had resulted in the death of Agent Terry.

First word of the incident began to appear on CleanUpATF.org, a whistle-blower website dedicated to "returning the integrity, accountability and decency to the ATF." Two Second Amendment advocates, Mike Vanderboegh of the blog Sipsey Street Irregulars and David Codrea, a writer at Gun Rights Examiner.com, became immediately aware of the posts, and their interest pushed them to collaborate and use their own sources within the ATF to confirm the allegations being made.

The pair independently corroborated the existence of a deviation from Project Gunrunner which they began to sardonically refer to as Project Gunwalker. Sources told them of the unstated policy to provide assault weapons to straw buyers, who would walk the guns over the border and sell them to members of the Mexican drug cartels for the purpose of manufacturing evidence.

One source of resistance to this development came from Darren Gil, then ATF attaché to Mexico, who felt strongly that the Mexican authorities should be made aware of the change in tactics. Gil brought his concerns to Special Agent in Charge of the Phoenix Office William D. Newell. Despite Gil's insistence, Newell refused to inform Mexico of the Bureau's intent. Frustrated and considering Newell's refusal to be a significant international policy error, Gil went to Newell's superiors in Washington. One can only speculate as to the conversations that took place, but Gil has since retired from the ATF.

With no further objections, the cynical plan allegedly was put into effect, and a string of subsequent events were unleashed. If played right, however, the Obama administration would get their "evidence," and the ATF could count on increased resources to pursue the very problem they were facilitating. That did not take into account the events that unfolded on the night of December 14 -- events which resulted in the death of Agent Terry.

Vanderboegh and Codrea relentlessly pursued the facts as presented to them by numerous and separate sources. They recognized that if true, the allegations would spell a serious breach of the public trust and the prospect of criminal activity within the ATF.

Finally, with facts in hand, they sought protection for their sources before going public. They approached several staff members on the Senate Judiciary Committee. They were directed from one person to the next. It was a struggle to ensure the safety of the agents putting their lives and careers on the line to expose the actions of the ATF. Eventually, Vanderboegh and Codrea obtained assurances that their informants would come under the whistle-blower protections offered by Senator Grassley of Iowa, ranking member of the Judiciary Committee. What follows is an excerpt of a letter from Grassley to Acting Director of the ATF Melson:

Members of the Judiciary Committee have received numerous allegations that the ATF sanctioned the sale of hundreds of assault weapons to suspected straw purchasers, who then allegedly transported these weapons throughout the southwestern border area and into Mexico. According to the allegations, one of these individuals purchased three assault rifles with cash in Glendale, Arizona on January 16, 2010. Two of the weapons were then allegedly used in a firefight on December 14, 2010 against Customs and Border Protection (CBP) agents, killing CBP Agent Brian Terry.


On January 30, 2011, there came word that the ATF in Phoenix, instead of helping Senator Grassley get to the bottom of the allegations, had begun to exert retaliatory pressure against agents suspected of blowing the whistle on the operation. The following is an excerpt from the subsequent letter sent from Grassley to Acting Director Melson upon hearing of the retaliation:

As you know, I wrote you on Thursday, January 27, regarding serious allegations associated with Project Gunrunner and the death of Customs and Protection Agent Brian Terry. Although the staff briefing I requested has not been scheduled, it appears that the ATF is reacting in less productive ways to my request. I understand that Assistant Special Agent in Charge (ASAC) George Gillette of the ATF's Phoenix office questioned one of the individual agents who answered my staff's questions about Project Gunrunner.


Mike Vanderboegh is now reporting that the answer to this letter from Senator Grassley has been the January 31 promotion of William D. Newell to Darren Gil's previous position of Mexican attaché to the ATF. Theoretically, this would leave Gillette -- a person already alleged by the whistle-blowers to be deeply involved in coercion of the informants -- in charge of the Phoenix office.

T.L. Davis is the author of The Constitutionalist: Rights To Die For and his blog, TL In Exile. He is a frequent contributor to the Western Rifle Shooters Association.

[customloaded]

A "Pawn" killed by politcal Hacks who are pushing an agenda. So what else is new about our Governmnet?

CL

[andrewjs18]

got a link to this? I'd like to post this around.

[streaker69]

got a link to this? I'd like to post this around.

http://www.americanthinker.com/2011/...roject_gu.html

[andrewjs18]

http://www.americanthinker.com/2011/...roject_gu.html

thanks, I just found it prior to you posting the link.

[twoguns]

sorry, I thought I posted the link.

Keep watching this story it is a fine example of how government is working against the interests of the American people and how the whores in congress will look the other way. This story is big! Sadly, the MSM is falling down on the job again.

Others who are reporting on it are Westernrifleshootersblog,
Sipseystreetirregulars and the invaluable David Codrea's gun rights examiner.

[twoguns]

MORE ON PROJECT GUNWALKER

http://www.examiner.com/gun-rights-i...er-indictments

‘Project Gunwalker’ allegations bolstered by Project Gunrunner indictments

* February 7th, 2011 7:01 am ET

Do you like this Article?

“Grand juries have returned multi-count indictments in five cases against 34 defendants accused of assisting Mexican Drug Trafficking Organizations with illegally trafficking firearms from the United States to Mexico,” a Jan. 25 press release from the District of Arizona Office of the United States Attorney announced. It was accompanied by a press conference, one Mike Vanderboegh of the Sipsey Street Irregulars blog and I had been tipped off to in advance, and then contacted reporters urging them to attend and suggesting questions to ask, particularly about guns recovered at the murder scene of Border Patrol agent Brian Terry.

One of the confidential sources that has given us consistently reliable information in the investigation we have come to call “Project Gunwalker” has performed an analysis of the indictments and connected some dots, all of which bolster allegations raised to date, including corroborative evidence that there was high level involvement at the Justice Department. Vanderboegh and I agree that the best way to throw maximum light on this is to simultaneously post it at our respective sites.

Our source’s observations follow:

OK, I can’t believe this is even necessary but since no one else seems to have done it? Let us examine what we know through open source material…

On January 25th, 2011, ATF Phoenix and the United States Attorney’s Office – District of Arizona held a press conference where they proudly displayed their 53 count “Jaime Avila Indictment” as a trophy to their exhaustive efforts in combating the flow of U.S. weapons to Mexico. (A copy of the press release and the indictment is available at: http://www.justice.gov/usao/az/ - “Press Room” under “2011 Archives.”)

Some of ATF’s sworn assertion in the case:

“15. Between September of 2009 and through December of 2010, defendants fraudulently and knowingly exported and sent firearms from the United States to Mexico contrary to the laws and regulations of the United States.”

“16. Between September of 2009 and through December of 2010, defendants fraudulently and knowingly received, concealed, bought, sold, and facilitated the transportation, concealment, and sale of firearms prior to exportation, knowing the firearms were intended for exportation contrary to the laws and regulations of the United States.”

Further: “As part of the conspiracy, members of the conspiracy both known and unknown to the grand jury shipped, transported, and exported firearms from the United States to Mexico.”

As we all know, the life of the conspiracy does not automatically reflect when ATF’s investigation began. So when did it?

“28. On or about November 19, 2009, prior to being pulled over by police, HECTOR ROLANDO CARLON attempted to dispose of an FN Herstal 5.7mm pistol purchased on November 17, 2009, by JOSE ANGEL POLANCO.”

“99. On December 8, 2009, SEAN CHRISTOPHER STEWARD purchased forty AK-47 type rifle from FFL Lone Wolf Trading Company, Glendale, Arizona, and during the course of such purchases falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. On December 9,2009, nine of the AK-47 type rifles were found by Douglas, Arizona, police officers in the course of a vehicle stop, concealed in the bumper of a car.”

Perhaps, but it may have just have been a couple of good road officers doing their job? But what about…

“36. On December 8, 2009, a male caller using a telephone number utilized by MANUEL FABIAN CELIS-ACOSTA called FFL Lone Wolf Trading Company, Glendale, Arizona, to inquire as to the number ofAK-47 type rifles in stock. Forty-five minutes after this call, on the morning of December 8, 2009, SEAN CHRISTOPHER STEWARD arrived at Lone Wolf and purchased twentyAK-47 type rifles which he transported to an auto auction business in Phoenix, Arizona, and loaded into another vehicle or vehicles.

“37. On the evening of December 8, 2009, SEAN CHRISTOPHER STEWARD returned to Lone Wolf Trading Company and purchased an additional twenty AK-47 type rifles. SEAN CHRISTOPHER STEWARD loaded the rifles into a white Nissan Titan in which MANUEL FABIAN CELIS-ACOSTA was a passenger. This vehicle was driven to CELIS ACOSTA's residence where the rifles were unloaded.”

Sounds like active investigation to me. How else do we learn the locations, phone calls, times, vehicles, passengers and the drivers? It doesn’t read like statements from a CI or even an historical account from someone directly involved. And remember, the FFL has already released a statement declaring that he was fully cooperating with ATF in this investigation. So at least by November, 2009, this was an active investigation.

Was the ATF doing active surveillance on members of this conspiracy?

“51. On or about August 19, 2010, JONATHAN EARVIN FERNANDEZ purchased nine AK-47 type rifles from Lone Wolf Trading Company, and during the course of such purchase falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. After purchasing the firearms, FERNANDEZ and DANNY CRUZ MORONES, riding with FERNANDEZ, attempted to evade agents and officers conducting surveillance.”

Although this is the only time that it appears in the affidavit, we can be certain that it is not the only time it was done. What else was going on…

“81. On or about May 28, 2010, URIEL PATINO received a .308 caliber rifle from FFL Gunnet, Peoria, Arizona, at MANUEL FABIAN CELIS-ACOSTA's instruction, and during the course of such transfer falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms. After receiving the rifle, URIEL PATINO spoke with MANUEL FABIAN CELIS-ACOSTA by phone and MANUEL FABIAN CELIS-ACOSTA instructs URIEL PATINO to deliver the rifle to MANUEL FABIAN CELIS-ACOSTA's residence.”

“67. On or about July 2, 2010, in a telephone conversation with ALFREDO CELIS, MANUEL FABIAN CELIS-ACOSTA directed ALFREDO CELIS to take steps to recover twenty AK-47 type rifles seized by police on or about June 30, 2010.”

“93. On or about July 8, 2010, MANUEL FABIAN CELIS-ACOSTA and FRANCISCO JAVIER PONCE spoke on the telephone and MANUEL FABIAN CELIS-ACOSTA arranged an additional straw purchase for FRANCISCO JAVIER PONCE by URIEL PATINO.”

Can anyone say “T-III”?* (Interesting note: Every agent knows that only Main Justice (DOJ – Criminal) is the final authorization hurdle for any T-III, spin-off, or renewal. They have to be briefed on the case and no affidavit can be submitted to the court without their review and authorization.)

Now, what about the person whose name titles this indictment, Jaime Avila?

“55. On or before November 24, 2009, JUAN JOSE MARTINEZ-GONZALEZ and URIEL PATINO introduced JAIME AVILA Jr. into the conspiracy to purchase firearms. On or about November 24, 2009, PATINO accompanied JAIME AVILA Jr. into Lone Wolf Trading Company while AVILA Jr. purchased firearms for the conspiracy.”

“25. On or about January 16, 2010, JAIME AVILA, Jr. purchased three AK-47 type firearms from FFL Lone Wolf Trading Company, Glendale, Arizona, and during the course of such purchase falsely represented on ATF Form 4473 that he was the actual purchaser of the firearms.”

Avila is in no way the most culpable for firearms purchased according to the indictment. Many others have him beaten in both the number of purchases and amount of firearms trafficked. Why? Avila isn’t even charged in the most serious counts of the indictment. Why? Most striking is that on January 25th, 2011, while the ATF was serving the “Avila Indictment” and preparing for the press conference to follow – Avila wasn’t even arrested in the big roundup. Why? Well, a simple Pacer search (the Federal Courts electronic document system / available to anyone via the internet) reveals that Jaime Avila Jr. was already in jail. The court records clearly show how Avila was arrested during the early morning (just after midnight) of Dec. 16th, 2010, by Phoenix ATF agents for lying on 4473’s. So why on Dec 15th, 2010 did ATF feel the need to rush out and arrest Avila, on a hurried criminal complaint (as opposed to the proper method of indictment) after knowing of his trafficking activities, watching him and his coconspirators, listening to their phones, and investigating them for nearly the past 14 months? What happened on Dec. 15th, 2010? Why was Avila arrested on a criminal complaint, indicted on January 11th, 2011, and then re-indicted on January 19th, 2011? (2-10-MJ-00629MHB, 2-11-CR-00065-GMS, and 2-11-CR-00126-JAT) Why was an indictment and round-up named after him when he had already been in jail for over a month?

And lastly, what about the indictment in general? Although in no way does it have to state everything known in or about the case, it does raise some interesting questions. There are 81 Overt Acts that occurred “Between September of 2009 and through December of 2010” which are specifically detailed:

“110. The factual allegations in paragraphs 24 to 105 of the Indictment are incorporated by reference and re-alleged as though fully set forth herein.”

The last one listed is for August 19th, 2010. What, if anything has been done between then and the January 25th round-up? Why wait so long to indict? In the indictment’s money laundering section, albeit in no way all inclusive, it list $104,251.00 as being spent by conspirators at the one FFL on record for cooperating with the investigation. Nowhere in the indictment nor the press releases is there mentioned any seizure of that money? Furthermore, contained in the 81 overt acts there is detailed the many firearms purchases which, when read and added together, total 717 firearms. The same 81 acts only describe the recovery of 123 firearms. (Note, I may have missed one here or there for both sales and/or recoveries. My numbers are quick tallies; feel free to check my math.) Of special note is the USAO press release (again - http://www.justice.gov/usao/az/ - “Press Room” under “2011 Archives.”, titled “Fast & Furious – Map of Recoveries”) It states the Recovery Totals as U.S. – 372, Mexico – 195. (Totaling 567 / still shy of the 717 listed as purchased in the indictment.) It makes no mention of the circumstances surrounding these recoveries, but it does show…

“Rio Rico 2”. What happened in Rio Rico where 2 firearms were recovered?

Indeed. What happened?

Related information:

* US v. Avila et al.
* US v. Flores et al.
* US v. Broome et al.
* US v. Aguilar
* US v. Abarca
* Map of Firearms Recovered in Avilas Investigation

*TIII = Title III Electronic Surveillance

Also see:

* Open Source Analysis of "Fast & Furious" Bust Confirms It As An Integral Part of the Project Gunwalker Cover-up.
* A journalist's guide to 'Project Gunwalker' (Summary with links of everything written to date on Sipsey Street Irregulars and Gun Rights Examiner)

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Continue reading on Examiner.com: ‘Project Gunwalker’ allegations bolstered by Project Gunrunner indictments - National gun rights | Examiner.com http://www.examiner.com/gun-rights-i...#ixzz1DPYctvzA

[middlefinger]

Sen. Grassley Letters to ATF Acting Director Melson

http://www.examiner.com/gun-rights-i...=29055776#main

[twoguns]

...and now the stonewalling from DOJ and Holder has begun.

This the same Holder of post Waco fame. He was assistant Attorney General under Janet Reno.

This is the kind of stunt that should finally end the existence of ATF....but probably won't.

[ByblosHex]

Let me get this straight... The ATF is the one's complaining that cartels are getting guns from the US. But the ATF is the one selling them the guns?

The ATF says "Look. These Cartels are using American wepaons to kill people. We need more money to try and stop this."

So they get more gov funding and then they give the cartels more guns.