Guns from U.S. sting at Mexican crime scenes: report
WASHINGTON (Reuters) - At least 122 firearms from a botched U.S. undercover operation have been found at crime scenes in Mexico or intercepted en route to drug cartels there, according to a Republican congressional report being issued on Tuesday.
Mexican authorities found AK-47 assault rifles, powerful .50 caliber rifles and other weapons in late 2009 that were later linked to the U.S. sting operation to trace weapons going across the border to Mexico, the report said.
Guns from the program, dubbed "Operation Fast and Furious," also were found at the scene of the murder of a U.S. Border Patrol agent in the border state Arizona last December. It is not clear if they were the weapons responsible for his death.
The sting has become an embarrassment for the Obama administration and its Justice Department, rather than a victory in cracking down on the illegal flow of drugs and weapons to and from Mexico.
It has also hurt ties with Mexico, which has been battling the violent cartels in a war in which thousands have died.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and federal prosecutors had hoped the sting would help them track gun buyers reselling weapons to cartels. But U.S. agents did not follow the guns after the initial purchaser re-sold them.
The House of Representatives Oversight Committee, led by Republican Darrell Issa, and the senior Republican on the Senate Judiciary Committee, Charles Grassley, have been investigating the sting and will issue the report Tuesday.
Their investigators say at least 122 firearms bought by suspected gun traffickers were found at Mexican crime scenes or caught going to the cartels.
Of the 2,000 weapons sold to the suspected gun traffickers, just over half remain unaccounted for, the report added. The Justice Department said that the ATF was not aware of the majority of those gun sales when they occurred.
"Given the vast amount of 'Operation Fast and Furious' weapons possibly still in the hands of cartel members, law enforcement officials should expect more seizures and recoveries at crime scenes," said the congressional report.
The independent watchdog at the Justice Department is also conducting its own investigation of the sting operation.
The Justice Department said it could only confirm 96 guns recovered in Mexico were tied to suspects being tracked in the operation, but it said that ATF did not have complete information on how many were recovered at crime scenes there.
The agency said another 274 weapons were recovered in the United States and, so far, about a dozen were found at U.S. crime scenes, according to information given to Grassley obtained by Reuters.
Soon after the sting began, Mexican authorities arrested a young woman with 41 AK-47s and a Beowulf .50 caliber rifle that were bought the previous day by a so-called straw buyer, or somebody buying a weapon for somebody else.
She told police she was taking them to the Sinaloa drug cartel, the congressional report said.
During a May, 2001 raid by Mexican federal police on the La Familia drug cartel, in which 11 members of the group were killed and 36 were captured, some of the more than 70 weapons recovered at the scene were traced back to the U.S. sting, according to the congressional report.
Issa's committee will hold a hearing later Tuesday with current and former ATF officials including those who worked in the U.S. embassy in Mexico who complained that they were kept largely out of the loop about the scope of the operation.
Issa: Obama admin intimidating witnesses in ATF gun probe
The Obama administration sought to intimidate witnesses into not testifying to Congress on Tuesday about whether ATF knowingly allowed weapons, including assault rifles, to be "walked" into Mexico, the chairman of a House committee investigating the program said in an interview Monday.
House Oversight and Government Reform Committee Chairman Darrell E. Issa, California Republican, said at least two scheduled witnesses expected to be asked about a controversial weapons investigation known as "Fast and Furious"received warning letters from the Bureau of Alcohol, Tobacco, Firearms and Explosives to limit their testimony.
Mr. Issa's committee is set to hear testimony from six current or former ATF employees, including agents and attaches assigned to the bureau's offices in Mexico, about the operation — in which, federal agents say, they were told to stand down and watch as guns flowed from U.S. dealers in Arizona to violent criminals and drug cartels in Mexico.
The six-term lawmaker aired his concerns about the program in a wide-ranging interview with reporters and editors at The Washington Times on Monday.
Among other questions, the agents are likely to be asked about a large volume of guns showing up in Mexico that were traced back to the Fast and Furious program; whether ATF officials in that country expressed concerns about the weapons to agency officials in the U.S., only to be brushed aside; and whether ATF officials in Arizona denied ATF personnel in Mexico access to information about the operation.
Nearly 50 weapons linked to the Fast and Furious program have been recovered to date in Mexico. Committee investigators said Mexican authorities also were denied information about the operation.
Mr. Issa also said he is certain the Fast and Furious operation was known by most top officials at the Justice Department and that Attorney General Eric H. Holder Jr. either knew and misled Congress, or was so out of the loop that he's guilty of mismanagement.
"How is it that the No. 2, 3, 4 at Justice all knew about this program, but the No. 1 didn't?," Mr. Issa said. "Is it because he said 'don't tell me'? Is it because they knew what they were doing is wrong, and they were protecting their boss? Or is it that Eric Holder is just so disconnected ... ?
"Whichever it is — he knew and he's lied to Congress, or he didn't know, and he's so detached that he wasn't doing his job — that really probably is for the administration to make a decision on, sooner not later," Mr. Issa said.
Those scheduled to testify are William McMahon, ATF deputy assistant director for field operations in Phoenix and Mexico; William Newell, former ATF special agent in charge at the Phoenix field division; Carlos Canino, ATF acting attache to Mexico; Darren Gil, former ATF attache to Mexico; Jose Wall, ATF senior agent in Tijuana, Mexico; and Lorren Leadmon, ATF intelligence operations specialist.
But after receiving subpoenas, at least two of the agents got letters from ATF Associate Chief Counsel Barry S. Orlow warning them to keep certain areas off-limits, including those still under investigation. Neither of the targeted agents was identified.
Mr. Issa said at least one witness wanted to back out of testifying to his committee after receiving the letter, but the chairman declined that request. Instead he fired a letter back to William J. Hoover, deputy director of ATF, saying the "timing and content of this letter strongly suggest that ATF is obstructing and interfering with the congressional investigation."
ATF, in a statement, said letters sent to agents subpoenaed to testify before Congress are "essentially the same as the standard document provided to ATF witnesses subpoenaed to testify in court." It said the witnesses are "encouraged to answer fully and candidly all questions concerning matters within his personal knowledge," but provide "guidance" about revealing statutorily prohibited information.
Mr. Orlow did not return messages left on his office and cell phones.
The Fast and Furious operation was halted in January after U.S. Border Patrol Agent Brian A. Terry was killed in a Dec. 15 shootout with Mexican bandits 10 miles north of the U.S.-Mexico border near Rio Rico, Ariz. Authorities said two AK-47 assault rifles found at the scene were traced back to Fast and Furious "straw buyers."
Mr. Issa said the ATF operation showed a "callous disregard for what those weapons can and have done to Mexican citizens and even to one, perhaps two U.S. citizens and probably more before it is over." His comment referred to new information that another weapon found at the scene of the ambush killing Feb. 15 of U.S. Immigration and Customs Enforcement (ICE) Agent Jaime Zapata also was traced back to a straw buyer.
President Obama and Mr. Holder have both disavowed the program, and Mr. Holder said it was running without their approval.
Told of Mr. Issa's concerns, Justice Department spokeswoman Tracy Schmaler referred questions about the attorney general's knowledge back to remarks in March when he said he referred concerns raised by ATF agents to the department's Office of Inspector General, who is conducting an investigation.
When ATF field agents first began to question the Fast and Furious program, they received an email from their supervisor, David J. Voth, who wrote, "We all need to get along and realize that we have a mission to accomplish." In a March 12, 2010, email, Mr. Voth said he was "thrilled and proud" his group was involved and assured the agents that "people of rank and authority at HQ are paying close attention.
"It may sound cheesy, but we are the tip of the ATF spear when it comes to Southwest border firearms trafficking. I will be damned if this case is going to suffer due to petty arguing, rumors or other adolescent behavior," he wrote. "If you don't think this is fun, you're in the wrong line of work — period.
"This is the pinnacle of domestic U.S. law enforcement techniques. After this, the toolbox is empty," he said. "Maybe the Maricopa County Jail is hiring detention officers, and you can get paid $30,000 (instead of $100,000) to serve lunch to inmates all day."
Obama's gun control mindset. The Constitution means nothing to this SOB.
Democrats Oppose Obama-U.N. Gun Control Treaty
Twelve Democratic senators have joined 45 Republicans in a fast growing movement to halt progress on an Obama-backed United Nations effort that could bring international gun control into the United States and slap America's gun owners with severe restrictions.
[Read more about gun rights and gun control.]
Montana Democratic Sen. Jon Tester's office today provided Whispers with their letter, signed by 11 other Democrats, urging the president to press for significant changes in the treaty. Their major concern: that domestic manufacture, possession, and sales of firearms and ammo will be included, thereby giving an international authority the right to regulate arms sales already protected by the Second Amendment. They also said any move for an international gun registry would be a non-starter.
A Republican letter circulated by Kansas Republican Sen. Jerry Moran has 45 signatures.
Ratification requires two-thirds of the Senate. So far 57 senators have said they would vote against the treaty, expected to be wrapped up next year.
In his letter, Moran wrote, "Our country's sovereignty and the Second Amendment rights of American citizens must not be infringed upon by the United Nations," Moran wrote in the letter. "Today, the Senate sends a powerful message to the Obama Administration: an Arms Trade Treaty that does not protect ownership of civilian firearms will fail in the Senate. Our firearm freedoms are not negotiable."
The emergence of strong Democratic resistance comes as the president is trying to deal with fallout from liberal Democrats upset that he has opened the door to major changes in Social Security and Medicare as part of the debt ceiling crisis.
The U.N. Arms Trade Treaty, which the Bush administration had opposed, would regulate with the international trade of arms. It would cover the trading of conventional firearms likes those used by collectors and sportsmen and women. [Read NRA Boss: Obama's Gone in 2012.]
The goal of the treaty is to come up with internationally recognized rules governing the trade of guns and ammo. The United States is the world's largest exporter of arms.
Tester's letter concludes, "As members of the United States Senate, it is our constitutional responsibility to advise and consent on the ratification of the United Nation's Arms Trade Treaty. Before we could support ratification, we must have assurances that our concerns are adequately addressed and that the Treaty will not in any way impede upon the Constitutional rights of American gun owners. Anything short of this commitment would be unacceptable.
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