Fast and Furious: Federal Gun Smuggling - Eric Holder Attorney General Testimony Part 1 (2011)

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• published: 19 Oct 2013
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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, acting 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][38][39] Those at the meeting apparently did not suggest using the "gunwalking" tactic, but Phoenix ATF supervisors would soon use it in an attempt to achieve the desired goals.[40] 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 suspected illegal arms shipments to be intercepted. The operation began on October 31, 2009, when a local gun store reported to the Phoenix ATF that four individuals had purchased multiple AK47 style rifles.[42] 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][43] The effort 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] Under the previous Operation Wide Receiver, there had been a formal ATF contract with the cooperating gun dealer and efforts were made to involve the ATF Mexico City Office (MCO) and Mexican law enforcement. Under Operation Fast and Furious, at Newell's insistence the cooperating gun dealers did not have contracts with ATF, and MCO and Mexican police were left in the dark.[1] According to internal ATF documents, the operation was initially run in conjunction with the Phoenix DEA Organized Crime Drug Enforcement Task Force (OCDETF).[44] On January 26, 2010, ATF formally applied to the Justice Department in Washington for funding through the OCDETF program. When it won approval and received additional funding, Operation Fast and Furious was reorganized as a Strike Force that included agents from ATF, FBI, DEA, and the ICE component of the Department of Homeland Security, which would be run through the U.S. Attorney's office rather than the ATF. This new Strike Force designation allowed the operation to take advantage of sophisticated surveillance techniques such as federal wiretaps, which would require court orders and interaction from Justice Department officials in Washington, D.C. since federal law requires certain individuals to review evidence and certify the necessity of such techniques.[45] The dealers involved became concerned as months went by and the same individuals they reported to ATF as suspected straw purchasers returned and repeatedly bought identical weapons. As they later told the DOJ OIG, their previous experience was that after they reported a suspected straw to ATF, they did not see the straw again unless subpoenaed to testify against the straw at trial.[1] One cooperating dealer expressed his concerns in a series of emails in April and June 2010 to GS David Voth, who assured the dealer that ATF was monitoring the suspects using a variety of techniques that he could not discuss in detail.[14] The tactic of letting guns walk, rather than interdicting them and arresting the buyers, led to controversy within the ATF.[5][46] 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. http://en.wikipedia.org/wiki/Operation_Fast_and_Furious