ATF gunwalking scandal
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ran a series of "gunwalking" sting operations[2][3] between 2006[4] and 2011.[2][5] This was done under the umbrella of Project Gunrunner, a project intended to stem the flow of firearms into Mexico by interdicting straw purchasers and gun traffickers within the United States.[6] "Gunwalking" or "letting guns walk" was a tactic whereby the ATF allowed guns to be bought by suspected straw purchasers, who were believed to be working on behalf of Mexican drug cartel arms traffickers ("gunrunners").[7]
The stated goal of allowing these purchases was to continue to track the firearms as they were transferred to higher-level traffickers and key figures in Mexican cartels, with the expectation that this would lead to their arrests and the dismantling of the cartels.[8][9] The tactic was questioned during the operations by a number of people, including ATF field agents and cooperating licensed gun dealers.[10][11][12][13][14] Operation Fast and Furious, by far the largest "gunwalking" probe, monitored the sale of over 2,000 firearms, of which nearly 700 were recovered as of October 20, 2011[update].[15] A number of straw purchasers have been arrested and indicted; however, as of October 2011, none of the targeted high-level cartel figures have been arrested.[7]
According to a Mexican legislator, firearms trafficked by smugglers under the watch of the ATF have been found at crime scenes in Mexico, including scenes involving the death or wounding of at least 150 Mexican civilians — a statistic "which could not be independently confirmed" and the official did not say how it was calculated.[16] Guns tracked by the ATF have been found at crime scenes on both sides of the Mexico–United States border, and the scene of the death of at least one U.S. federal agent, Border Patrol Agent Brian Terry. The "gunwalking" operations became public in the aftermath of Terry's murder.[2] Dissenting ATF agents came forward to Congress in response.[17][18] As investigations have continued, the operations have become increasingly controversial in both countries, and diplomatic relations have been damaged as a result.[2]
In June 2012, an investigation by Fortune magazine concluded that the ATF never intentionally allowed guns to fall into the hands of Mexican drug cartels.[19] Agents interviewed during the six-month Fortune magazine investigation repeatedly asserted that only one isolated incident of "gunwalking" ever occurred, and was performed independently by ATF Agent John Dodson (who later appeared on CBS News as a whistleblower to denounce the gunwalking scandal) as part of an unauthorized solo action outside of the larger Fast and Furious operation.[19]
Background
ATF "gunwalking" operations were, in part, a response to longstanding criticism of the bureau for focusing on relatively minor gun violations while failing to target high-level gun smuggling figures.[20] U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for the violation of such laws. “Gun trafficking”, although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets.[21]: Summary A 2009 GAO report on efforts to combat arms trafficking to Mexico notes that straw purchasing is not in itself illegal, although it is illegal to provide false information in connection with a purchase.[22] Four federal statutes govern U.S. commerce of firearms domestically and internationally. Many states supplement these federal statutes and have firearms laws of their own that are stricter. For example, some states require permits to obtain firearms and impose a waiting period for firearm transfers. Domestic commerce and importations into the United States are generally regulated under the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). The exportation of firearms from the United States is regulated by the Arms Export Control Act of 1976 and, to a lesser extent, the Export Administration Regulations (EAR).[21]: 3 Defendants are often prosecuted and convicted under provisions of statutes such as the GCA that make it unlawful for certain persons to be in possession of firearms, govern the transaction process of obtaining firearms (e.g., straw purchases), and contain penalties for the use of a firearm in a crime of violence or a drug trafficking crime, or penalties for knowingly or fraudulently smuggling goods that would be contrary to U.S. law and regulation.[21]: 18
In a 2012 case in San Juan, Texas, under existing 1968 Gun Control Act provisions on straw purchasing (Title 18 United States Code, Section 924(a)(1)(A)), straw purchaser Taisa Garcia received 33 months and buyer Marco Villalobos received 46 months, plus two years supervision after release.[23] In another Texas gun trafficking case, Oscar Bravo Hernandez received a sentence of 84 months for buying and sending to Mexico at least 55 firearms from a ring of nine straw purchasers who received sentences from 51 months for the most involved down to three years probation for the least involved.[24]
According to twenty-year ATF veteran Jay Wachtel, letting guns "walk" has been a practice done in a controlled manner that involved surveillance and eventual seizure of the weapons. "The idea was that you would follow it long enough until you were sure you had enough probable cause" to initiate an arrest, Wachtel said.[1] According to ATF field agents involved in Operation Fast and Furious, a part of Project Gunrunner, "ATF agents were trained to interdict guns and prevent criminals from obtaining them" and not to allow guns to walk and then disappear.[11] ATF agents assigned to Phoenix from other districts to work on Fast and Furious were critical of the operation.[25]
Operations
There have been allegations of "gunwalking" in at least 10 cities in five states.[26] The most widely known and controversial operations took place in Arizona under the ATF's Phoenix, Arizona field division.
2006–2007: Operation Wide Receiver and other probes
The first known ATF "gunwalking" operation to Mexican drug cartels, named Operation Wide Receiver, began in early 2006 and ran into late 2007. Licensed dealer Mike Detty informed the ATF of a suspicious gun purchase that took place in February 2006 in Tucson, Arizona. In March he was hired as a confidential informant working with the ATF's Tucson office, part of their Phoenix, Arizona field division.[27] With the use of surveillance equipment, ATF agents monitored additional sales by Detty to straw purchasers. With assurance from ATF "that Mexican officials would be conducting surveillance or interdictions when guns got to the other side of the border",[12] Detty would sell a total of about 450 guns during the operation.[26] These included AR-15s, semi-automatic AK-pattern rifles, and Colt .38s. The majority of the guns were eventually lost as they moved into Mexico.[7][27][28][29]
At the time, under the Bush administration Department of Justice (DOJ), no arrests or indictments were made. After President Barack Obama took office in 2009, the DOJ reviewed Wide Receiver and found that guns had been allowed into the hands of suspected gun traffickers. Indictments began in 2010, over three years after Wide Receiver concluded. As of October 4, 2011[update], nine people had been charged with making false statements in acquisition of firearms and illicit transfer, shipment or delivery of firearms.[20] As of November, charges against one defendant had been dropped; five of them had pled guilty, and one had been sentenced to one year and one day in prison. Two of them remained fugitives.[27]
Another, smaller probe occurred in 2007 under the same ATF Phoenix field division. It began when the ATF identified Mexican suspects who bought weapons from a Phoenix gun shop over a span of several months. The probe ultimately involved over 200 guns, a dozen of which were lost in Mexico. On September 27, 2007, ATF agents saw the original suspects buying weapons at the same store and followed them toward the Mexican border. The ATF informed the Mexican government when the suspects successfully crossed the border, but Mexican law enforcement were unable to track them.[4][10]
Less than two weeks later, on October 6, William Newell, then ATF's special agent in charge of the Phoenix field division, shut down the operation at the behest of William Hoover, ATF's assistant director for the office of field operations.[30] No charges were filed. Newell, who was special agent in charge from June 2006 to May 2011, would later play a major role in Operation Fast and Furious.[4][12]
2009–2011: Operation Fast and Furious
On October 26, 2009, a teleconference was held at the Department of Justice in Washington, D.C. to discuss U.S. strategy for combating Mexican drug cartels. Participating in the meeting were Deputy Attorney General David W. Ogden, Assistant Attorney General Lanny A. Breuer, ATF Director Kenneth E. Melson, Drug Enforcement Administration (DEA) Administrator Michele Leonhart, Director of the Federal Bureau of Investigation Robert Mueller and the top federal prosecutors in the Southwestern border states. They decided on a strategy to identify and eliminate entire arms trafficking networks rather than low-level buyers.[3][31][32] Those at the meeting did not suggest using the "gunwalking" tactic, but ATF supervisors would soon use it in an attempt to achieve the desired goals.[33] The effort, beginning in November, would come to be called Operation Fast and Furious for the successful film franchise, because some of the suspects under investigation operated out of an auto repair store and street raced.[3]
The strategy of targeting high-level individuals, which was already ATF policy, would be implemented by Bill Newell, special agent in charge of ATF's Phoenix field division. In order to accomplish it, the office decided to monitor suspicious firearms purchases which federal prosecutors had determined lacked sufficient evidence for prosecution, as laid out in a January 2010 briefing paper. This was said to be allowed under ATF regulations and given legal backing by U.S. Attorney for the District of Arizona Dennis K. Burke. It was additionally approved and funded by a Justice Department task force.[3] However, long-standing DOJ and ATF policy has required arms shipments to be intercepted.[4][5]
In November 2009, the Phoenix office's Group VII, which would be the lead investigative group in Fast and Furious, began to follow a prolific gun trafficker. He had bought 34 firearms in 24 days, and he and his associates bought 212 more in the next month. The case soon grew to over two dozen straw purchasers, the most prolific of which would ultimately buy more than 600 weapons.[3][5][34]
The tactic of letting guns walk, rather than interdicting them and arresting the buyers, led to controversy within the ATF.[5][35] As the case continued, several members of Group VII, including John Dodson and Olindo Casa, became increasingly upset at the tactic of allowing guns to walk. Their standard Project Gunrunner training was to follow the straw purchasers to the hand-off to the cartel buyers, then arrest both parties and seize the guns. But according to Dodson, they watched guns being bought illegally and stashed on a daily basis, while their supervisors, including David Voth and Hope MacAllister, prevented the agents from intervening.[3]
However, other accounts of the operation insist that ATF agents were prevented from intervening not by ATF officials, but rather by federal prosecutors with the Attorney General's office, who were unsure of whether the agents had sufficient evidence to arrest suspected straw-buyers.[19] According to some reports, many agents insisted they were prevented from making arrests because prosecutors were unwilling to engage in what could become a potentially contentious political battle over Second Amendment rights during an election year, particularly given the difficult nature of prosecuting straw buyers, and the weak penalties associated with it, even if successful.[19] Instead, prosecutors instructed ATF agents not to make arrests, but rather continue collecting evidence in order to build a stronger case. One tactic proposed for doing so was a wiretap of suspected straw-buyers, in an attempt to link the suspects to criminal activities taking place on the Mexican side of the border.[19]
After obtaining a long-awaited wiretap approval to aid in the monitoring operation, Voth wrote an email in March 2010 which read in part, "I am thrilled and proud that our Group is the first ATF Southwest Border Group in the country to be going up on wire. [...] I will be damned if this case is going to suffer due to petty arguing, rumors, or other adolescent behavior. I don’t know what all the issues are but we are all adults, we are all professionals, and we have an exciting opportunity to use the biggest tool in our law enforcement tool box. If you don’t think this is fun you are in the wrong line of work – period!”[3][36] This was, according to many, in response to internal conflicts relating to the scheduling of wiretap monitoring shifts.[19]
By June 2010, suspects had purchased 1,608 firearms at a cost of over US$1 million at Phoenix-area gun shops. At that time, the ATF was also aware of 179 of those weapons being found at crime scenes in Mexico, and 130 in the United States.[8] As guns traced to Fast and Furious began turning up at violent crime scenes in Mexico, ATF agents stationed there also voiced opposition.[3] One opposing agent testified to congressional investigators, "With Ms. Giffords' shooting, there was a state of panic, like, oh, God, let's hope this is not a weapon from that case," after the January 2011 shooting of then Congresswoman Gabrielle Giffords.[37]
On the evening of December 14, 2010, U.S. Border Patrol agent Brian Terry and others were patrolling Peck Canyon, Santa Cruz County, Arizona, 11 miles from the Mexican border. The group came across five suspected illegal immigrants. When they fired non-lethal beanbag guns, the suspects responded with their own weapons, leading to a firefight. Terry was shot and killed; four of the suspects were arrested and two AK-pattern rifles were found nearby. The rifles were traced to Fast and Furious within hours of the shooting, but the bullet that killed Terry was too badly damaged to be conclusively linked to either gun.[3]
After hearing of the incident, Dodson reached out to ATF headquarters, ATF's chief counsel, the ATF ethics section and the Justice Department's Office of the Inspector General, none of whom immediately responded. He and other agents then contacted Senator Chuck Grassley of Iowa (R–IA), ranking member of the Senate Judiciary Committee, who would become a major figure in the investigation of "gunwalking." At the same time, information began leaking to various bloggers and Web sites.[3]
On January 25, 2011, Burke announced the first details of the case to become officially public, marking the end of Operation Fast and Furious. At a news conference in Phoenix, he reported a 53-count indictment of 20 suspects for buying hundreds of guns intended for illegal export between September 2009 and December 2010. Newell, who was at the conference, called Fast and Furious a "phenomenal case," while denying that guns had been deliberately allowed to walk into Mexico.[3][12]
Altogether, 2,020 firearms were bought by straw purchasers during Fast and Furious.[3] These included AK-47 variants, Barrett .50 caliber sniper rifles, .38 caliber revolvers, and FN Five-sevens.[38] As of October 20, 2011[update], 389 had been recovered in the US and 276 had been recovered in Mexico. The rest remained on the streets, unaccounted for.[15] Most of the guns went to the Sinaloa Cartel, while others made their way to El Teo and La Familia.[2][28]
Although most weapons were purchased by suspects under investigation by the program, there have been reports of at least one instance of ATF agents being directly involved in the transfer of weapons. On April 13th, 2010, ATF Agent John Dodson, with assistance from Agents Casa and Alt, directed a cooperating straw purchaser to give three guns to Isaiah Fernandez, a suspected gun trafficker, and had taped the conversations without prosecutor approval.[19] After being instructed by his superiors to obtain approval from prosecutors (albeit retroactively), Dodson's proposal was later rejected by his immediate superior David Voth, although he later received permission from Voth's supervisor after submitting a written proposal for the program. On June 1st, 2010, Dodson used $2,500 of ATF funds to purchase six AK Draco pistols from local gun dealers, which he then gave to Mr. Fernandez, who reimbursed him for the expense of the guns, plus $700 for his assistance.[19] Two days later, Agent Dodson went on a scheduled vacation without interdicting the weapons. As a result, the weapons were never recovered, no arrests were ever made, and the case was closed without charges being filed.[19]
Aftermath and reaction
Fate of walked guns
Since the end of Operation Fast and Furious, related firearms have continued to be discovered in criminal hands. As reported in September 2011, the Mexican government stated that an undisclosed number of guns found at about 170 crime scenes were linked to Fast and Furious.[39] U.S. Representative Darrell Issa (R–CA–49) estimated that more than 200 Mexicans were killed by guns linked to the operation.[40] Reflecting on the operation, Attorney General Eric Holder said that the United States government is "...losing the battle to stop the flow of illegal guns to Mexico,"[41] and that the effects of Operation Fast and Furious will most likely continue to be felt for years, as more walked guns appear at Mexican crime scenes.[42]
In April 2011, a large cache of weapons, 40 traced to Fast and Furious but also including military-grade weapons difficult to obtain legally in the US such as an anti-aircraft machine gun and grenade launcher, was found in the home of Jose Antonio Torres Marrufo, a prominent Sinaloa Cartel member, in Ciudad Juárez, Mexico. Torres Marrufo was indicted, but evaded law enforcement for a brief time.[43][44] Finally, on February 4, 2012 Marrufo was arrested by the Mexican Police.[45]
On May 29, 2011 four Mexican Federal Police helicopters attacked a cartel compound, where they were met with heavy fire, including from a .50 caliber rifle. According to a report from the House Committee on Oversight and Government Reform, this rifle is likely linked to Fast and Furious.[2]
There have been questions raised over a possible connection between Fast and Furious and the death of U.S. Immigration and Customs Enforcement agent Jaime Zapata on February 15, 2011.[46][47] The gun used to kill Zapata was purchased by Otilio Osorio in the Dallas/Fort Worth Metroplex, Texas[48] (outside the area of responsibility for the ATF Phoenix field division[49] which conducted Fast and Furious), and then smuggled into Mexico. Congressional investigators have stated that Osorio was known by the ATF to be a straw purchaser months before he purchased the gun used to kill Zapata, leading them to question ATF surveillance tactics[48] and to suspect a Texas-based operation similar to Fast and Furious.[50] In addition to Otilio Osorio, a Texas-based drug and gun trafficker, Manuel Barba, was involved trafficking another of the guns recovered in the Zapata shooting. The timeline of this case, called "Baytown Crew", shows guns were allowed to walk during surveillance that began June 7, 2010. On August 20, 2010 Barba received a rifle later recovered in the Zapata ambush and sent it with nine others to Mexico. The warrant for Barba's arrest was issued February 14, 2011, the day before Zapata was shot.[51] On January 30, 2012, Barba, who claimed to be working with Los Zetas in illegally exporting at least 44 weapons purchased through straw buyers, was sentenced to 100 months in prison.[52]
Investigations and fallout
In the Congress, Representative Darrell Issa (R–CA–49), chairman of the House Committee on Oversight and Government Reform, and Senator Chuck Grassley (R–IA), ranking member of the Senate Judiciary Committee, have been investigating "gunwalking" operations.[53] On January 27, 2011, Grassley wrote a letter to ATF Acting Director Kenneth E. Melson requesting information about the ATF-sanctioned sale of hundreds of firearms to straw purchasers. The letter mentioned a number of allegations that walked guns were used in the fight that killed Border Patrol Agent Brian Terry.[54] A second letter from Grassley on January 31 accused the ATF of targeting whistleblowers.[55]
On February 4, Assistant Attorney General Ronald Weich wrote a letter to Grassley in response to statements by the U.S. Attorney for the District of Arizona, Dennis K. Burke and others. Weich said claims "...that (the) ATF ‘sanctioned’ or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them to Mexico [are] false. ATF makes every effort to interdict weapons that have been purchased illegally and prevent their transportation to Mexico.”[56][57] Also in February, Attorney General Eric Holder requested that the Department of Justice's Inspector General begin an investigation of Fast and Furious.[58]
On March 23, President Barack Obama appeared on Univision and spoke about the "gunwalking" controversy. He said that neither he nor Attorney General Holder authorized Fast and Furious. He also stated, "There may be a situation here in which a serious mistake was made, and if that's the case then we'll find out and we'll hold somebody accountable."[59]
On May 3, Attorney General Holder testified to the House Judiciary Committee that he did not know who approved Fast and Furious, but that it was being investigated. He also stated that he "probably heard about Fast and Furious for the first time over the last few weeks," a claim which would later be questioned[60][61][62] as explained below.
In June, ATF Agent Vince Cefalu, who helped to publicize Fast and Furious, was served with termination papers, in a move by the agency he described as politically motivated retaliation. He had been at odds with ATF management since he filed a complaint over tactics in an unrelated case in 2005. The ATF denied that the firing was retaliation, and Cefalu's termination letter noted that he leaked documents to the Internet and showed a "lack of candor" in other operations.[63]
On June 14, 2011, a preliminary joint staff report was released by Representative Issa and Senator Grassley.[11] Among the findings: agents were told to stand down rather than interdict weapons, they complained about the strategy and were ignored, and Fast and Furious led to increased violence and death in Mexico.[64] Agents were panicked, certain that "someone was going to die."[65]
Representative Issa continued to hold hearings in June and July where ATF officials based in Phoenix and Mexico, and at headquarters in Washington, testified before the committee.[66] ATF agent John Dodson stated that he and other agents were ordered to observe the activities of gun smugglers but not to intervene. He testified:[67][68]
Over the course of the next 10 months that I was involved in this operation, we monitored as they purchased hand guns, AK-47 variants, and .50 caliber rifles almost daily. Rather than conduct any enforcement actions, we took notes, we recorded observations, we tracked movements of these individuals for a short time after their purchases, but nothing more. Knowing all the while, just days after these purchases, the guns that we saw these individuals buy would begin turning up at crime scenes in the United States and Mexico, we still did nothing. ...
I cannot begin to think of how the risk of letting guns fall into the hands of known criminals could possibly advance any legitimate law enforcement interest.
A second joint staff report was released by the Republicans on July 26.[38]
In August, three important Fast and Furious supervisors were transferred to new management positions at ATF headquarters in Washington: William Newell and David Voth, field supervisors who oversaw the program from Phoenix, and William McMahon, an ATF deputy director of operations. The transfers were initially reported as promotions by the Los Angeles Times, but the ATF stated that they did not receive raises or take on greater responsibilities.[53][69] In late August, it was announced that ATF Director Melson had been reassigned to the Justice Department, and U.S. Attorney Burke announced his resignation after being questioned by Congressional investigators earlier that month.[70]
In October, documents showing that Attorney General Holder's office had been sent briefings on Fast and Furious as early as July 2010, prompted questions about his May statement that he wasn't sure of the exact date, but had known about it for only a few weeks. The briefings were from the National Drug Intelligence Center and Assistant Attorney General Lanny Breuer. The Justice Department said that those briefings were about a different case started before Holder became Attorney General, and that while he had known about Fast and Furious, he didn't know the details of the tactics being used.[62]
On November 8, Holder stated for the first time in Congressional testimony that "gunwalking" was used in Fast and Furious. He remarked that the tactic is unacceptable, and that the operation was "flawed in its concept and flawed in its execution." He further stated that his office had inaccurately described the program in previous letters sent to Congress, but that this was unintentional. Reiterating previous testimony, he said that he and other top officials had been unaware that the "gunwalking" tactic was being used. Holder stated that his staff had not showed him memos about the program, noting, "There is nothing in any of those memos that indicates any of those inappropriate tactics that are of concern. Those things were not brought to my attention, and my staff, I think, made the correct decision in that regard."[71][72][73]
In December, documents showed that some ATF agents discussed using Fast and Furious to provide anecdotal cases to support controversial new rules about gun sales. The regulation, called Demand Letter 3, would require 8,500 firearms dealers in Arizona, California, New Mexico and Texas that "have a significant number of crime guns traced back to them from Mexico" to report multiple rifle sales.[74]
Investigations by Congress and the DOJ Inspector General continued into 2012. In January, Patrick Cunningham, who was the criminal division chief at the Phoenix office of the U.S. Attorney's Office for the District of Arizona and has since resigned, asserted his innocence and his constitutional right against self-incrimination to avoid testifying.[75] Cunningham worked directly under Burke during Fast and Furious. He was subpoenaed because of the role he might have played in the operation, and in the letter sent from the DOJ to Senator Grassley in February 2011 that claimed the ATF did not allow weapons to be trafficked to Mexico.[76]
On January 31, Democrats on the House Oversight and Government Reform Committee released their own report, "Fatally Flawed: Five Years of Gunwalking in Arizona." The report concluded that there was no evidence of involvement by high-ranking appointees at the Justice Department in "gunwalking." Rather, "Operation Fast and Furious was the latest in a series of fatally flawed operations run by ATF agents in Phoenix and the Arizona U.S. Attorney's Office."[77]
On June 7, 2012, under the threat of being held in contempt of Congress, Attorney General Holder appeared at his seventh Congressional hearing, where he continued to deny knowledge of "gunwalking" by high-level officials. By then, the Justice Department had turned over about 7,000 pages of documents.[78] On June 20, the House Oversight and Government Reform Committee voted along party lines to recommend that Holder be held in contempt. At issue were 1,300 pages of documents that had not been turned over to Congress by the DOJ. Earlier that day, President Obama had invoked executive privilege over those documents, marking the first time the privilege has been asserted during his presidency.[79][80]
On Thursday, June 28, 2012, Holder became the first sitting member of the Cabinet of the United States to be held in criminal contempt of Congress by the House of Representatives for refusing to disclose internal Justice Department documents in response to a subpoena. The vote was 255-67 in favor, with 17 Democrats voting yes and a large number of Democrats walking off the floor in protest and refusing to vote. A civil contempt measure was also voted on and passed, 258-95. The civil contempt vote allows the House Committee on Oversight and Government Reform to go to court with a civil lawsuit to look into the US Justice Department's refusal to turn over some of the subpoenaed documents and to test Obama's assertion of executive privilege. Holder dismissed the votes as "the regrettable culmination of what became a misguided — and politically motivated — investigation during an election year," and the White House called it "political theater rather than legitimate congressional oversight."[81][82] The National Rifle Association pressured members of both parties to vote in favor of contempt, with the vote counting toward the organization's annual scorecard. The 17 Democrats who voted for criminal contempt, which included the most endangered incumbents in conservative districts, had all previously received an "A" grade from the NRA and risked losing the endorsement of the organization when seeking re-election in November. All but two of the Democrats who voted for the contempt charge have received campaign contributions from the NRA during the past two election cycles.[83] The NRA and some conservatives insist that Operation Fast and Furious began as part of an antigun agenda to promote additional gun laws; an assertion discredited by the fact that documents that refer to changing gun regulations come far after the inception of Fast and Furious.[84][85][86]
Mexican reaction
In October 2011, Mexican officials and politicians reacted with anger at the revelation that U.S. agents in charge of an earlier secret gun-tracking program known as Operation Wide Receiver allowed guns to be smuggled into Mexico just as they had under Operation Fast and Furious. In discussions in Mexico's Senate about how to respond to the revelations about Operation Wide Receiver, one senator said, ""We can no longer tolerate what is occurring. There must be condemnation from the state."[87]
The Office of the General Prosecutor in Mexico is seeking the extradition of six citizens of the United States implicated with smuggling weapons.[88] Three of the requested citizens for extradition are from Madera, California, while the other three are from the state of Texas.[89] The current Attorney General of Mexico, Marisela Morales, said the PGR will search "to the end" in order to clarify what happened in Fast and Furious.[90]
Operation Fast and Furious was deliberately kept secret from the Mexican government, even after related firearms began to be found at violent crime scenes and in criminal arsenals in 2010 and 2011. When they were told in January 2011 that there was an undercover program in existence, they still were not given details.[91] Mexican politicians expressed widespread anger at the operations as information developed in 2011.[92] Mexican officials stated in September that the US government still had not briefed them on what went wrong nor had they apologized.[91]
Mexican Senator Arturo Escobar stated, "We can no longer tolerate what is occurring. There must be condemnation from the state," and that the Mexican Senate condemned the actions of the ATF.[92][93]
Jorge Carlos Ramírez Marín, president of the Chamber of Deputies of Mexico from the Institutional Revolutionary Party, said "This is a serious violation of international law. What happens if next time they need to introduce trained assassins or nuclear weapons?"[94]
Attorney General of Mexico Marisela Morales, well-liked by US law enforcement, said, in reference to Fast and Furious, "At no time did we know or were we made aware that there might have been arms trafficking permitted. In no way would we have allowed it, because it is an attack on the safety of Mexicans." In addition, she expressed that allowing weapons to "walk" would represent a "betrayal" of Mexico.[91]
Chihuahua state prosecutor Patricia Gonzalez, who had worked closely with the US for years, said, "The basic ineptitude of these officials [who ordered the Fast and Furious operation] caused the death of my brother and surely thousands more victims." Her brother, Mario, had been kidnapped, tortured and killed by cartel hit men in fall 2010. Later, two AK-47 rifles found among the several weapons recovered after a gunfight between police and cartel members were traced to the Fast and Furious program.[2][91]
Some Mexican officials were more circumspect. For example, Mexican Congressman Humberto Benítez Treviño, a former attorney general, called Fast and Furious "a bad business that got out of hand."[91] He had also characterized it as "an undercover program that wasn't properly controlled."[94]
Like many politicians, Mexican pundits across the political spectrum expressed anger at news of the operations. La Jornada, a left-leaning newspaper, asked "US: ally or enemy?"[95] The paper also argued that the Mérida Initiative should be immediately suspended. A right-leaning paper accused the US of violating Mexican sovereignty.[92]
Manuel J. Jauregui of the Reforma newspaper wrote, "In sum, the gringo (American) government has been sending weapons to Mexico in a premeditated and systematic manner, knowing that their destinations were Mexican criminal organizations."[92]
See also
References
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While straw purchasing is not in itself illegal, it is illegal to intentionally provide false information in connection with the acquisition of a firearm. 18 U.S.C. § 922(a)(6). See also U.S. v. Moore, 109 F.3d 1456, 1460-63 (9th Cir. 1997) (explaining the straw man doctrine and applying it to a factual case).
- ^ "Two San Juan residents get federal prison time for firearms straw purchases", YourValleyVoice.com, McAllen Texas, January 18, 2012.
- ^ "10 Sentenced for Involvement in Straw Purchase and Export Ring", USAO Southern District of Texas press release, March 1, 2012.
- ^ "The Department of Justice's Operation Fast and Furious: Accounts of ATF Agents" Joint Staff Report Prepared for Rep. Darrell E. Issa and Senator Charles E. Grassley, 112th Congress, June 14 2011.
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- ^ Savage, Charlie (August 30, 2011). "Gun Inquiry Costs Officials Their Jobs". The New York Times. Retrieved October 24, 2011.
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- ^ "Monday Morning Meeting, Strike force 9:30 am" (PDF). CBS News. Retrieved October 24, 2011.
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(help) - ^ "Acting ATF Chief Facing Pressure to Resign Over Botched Gun Operation". ABC News. Retrieved January 15, 2012.
- ^ a b c "The Department of Justice's Operation Fast and Furious: Fueling Cartel Violence" (PDF). United States Congress. Retrieved January 15, 2012.
- ^ Serrano, Richard A. (September 11, 2011). "Gun store owner had misgivings about ATF sting". Los Angeles Times. Retrieved June 23, 2012.
- ^ "200 mexicanos murieron por armas de 'Rápido y Furioso': congresista de EU". CNN Mexico. October 28, 2011.
- ^ "Eric Holder: Effects of Fast and Furious will linger". Politico LLC. November 7, 2011 5:18 pm. Retrieved November 8, 2011.
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(help) - ^ Frieden, Terry (November 7, 2011). "El gobierno de EU admite que pierde la batalla contra el tráfico de armas". CNN Mexico. Retrieved November 8, 2011.
- ^ Longbottom, Wil (October 13, 2011). "U.S. Attorney General issued with subpoena in probe over 'Fast and Furious' gun trafficking". Daily Mail. London. Retrieved October 24, 2011.
- ^ Serrano, Richard (October 8, 2011). "Fast and Furious weapons were found in Mexico cartel enforcer's home". Los Angeles Times. Retrieved October 24, 2011.
- ^ Ugarte, Marco (February 4, 2012). "Mexico arrested Jose Antonio Torres Marrufo, the reputed enforcer for the Sinaloa drug cartel". Los Angeles Times. Retrieved April 23, 2012.
- ^ Serrano, Richard (July 17, 2011). "Family of U.S. agent slain in Mexico demands to know gun source". Los Angeles Times. Retrieved November 15, 2011.
- ^ Carroll, Susan. "Slain ICE agent's family still searching for answers". The Houston Chronicle. Retrieved November 15, 2011.
- ^ a b Perez-Trevino, Emma. "Straw purchaser of guns pleads guilty in Dallas; defendant linked to Zapata death". The Brownsville Herald. Retrieved November 15, 2011.
- ^ "Phoenix Field Division". ATF. Retrieved November 15, 2011.
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- ^ Timeline of "Baytown Crew" case.
- ^ Sharyl Attkisson, "Second gun used in ICE agent murder linked to ATF undercover operation", CBS News, February 22, 2012.
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- ^ Wagner, Dennis. "Phoenix-area gun store, ATF sting may be linked to shootout". The Arizona Republic. Retrieved December 25, 2011.
- ^ Lott, Maxim (February 2, 2011). "Senator Calls ATF on Allegations Agency Is Allowing Guns Into Mexico". Fox News. Retrieved January 12, 2012.
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- ^ Serrano, Richard (December 24, 2011). "Angry former ATF chief blames subordinates for Fast and Furious". Los Angeles Times. Retrieved January 12, 2012.
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- ^ Holder emails
- ^ Sharyl Attkisson, "Documents: ATF used "Fast and Furious" to make the case for gun regulations", CBS News, December 7, 2011.
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- ^ MEXICO: News of another U.S. gun-tracking program stirs criticism; Los Angeles Times; October 6, 2011
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- ^ "Exige Senado mexicano reclamo a EE.UU por armas ilegales". Prensa Latina. Retrieved October 17, 2011.
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External links
- Los Angeles Times: ATF's Fast and Furious Scandal
- CBS News: A Primer on the Fast and Furious Scandal
- United States federal firearms law
- Law enforcement operations in the United States
- Bureau of Alcohol, Tobacco, Firearms and Explosives
- Obama administration controversies
- 2006 in the United States
- 2007 in the United States
- 2009 in the United States
- 2010 in the United States
- 2011 in the United States
- 2011 controversies
- Mexican Drug War
- Organized crime events in Mexico
- Organized crime events in the United States
- Operations against organized crime in Mexico