Wednesday, July 20, 2011

Project Gunrunner / Project Gunwalker

Here is where I'm parking everything related to ATF's "Project Gunrunner" and all of its bastard children.

First, let's define some terms:
  • Project Gunrunner: The official name of an ATF law enforcement project (project = wide scope) to interdict gun-running to Mexico

  • Operation Fast & Furious: Named after the movie, this was an ATF law enforcement operation (operation = narrow[er] scope) that was conducted under the "Project Gunrunner" umbrella

  • Project Gunwalker: Tongue-in-cheek name given to Operation Fast & Furious (not to the whole of Project Gunrunner) by National Gun Rights Examiner David Codrea (the substitution of "walker" for "runner" representing a swipe at ATF's controversial practice of "letting the guns walk" -- that is, of *not* interdicting them before they crossed the border and were lost)

  • Operation Castaway: Operation out of Florida that also 'walked' guns... in this case, to MS-13 in Honduras


It's important to understand that "Operation Fast & Furious" (an operation under the Project Gunrunner umbrella) was only one operation in which 'gunwalking' occurred. That's why the "scandal name" of "Project Gunwalker" is more appropriate... to corral together all of the operations under which gunwalking took place.

That we know of, thus far, the following operations involved gunwalking:
Fast & Furious (Phoenix Field Office)
Operation Castaway (a Field Office in Florida)

Some Common Memes...

"Bush did it, too!"

"Isolated incident" (i.e. "rogue operation out of one ATF office")

"There are no laws against straw purchasing... we need more laws!"

"This was a law enforcement operation... not a political operation designed to angle for more gun control!"

  • "Bill – can you see if these guns were all purchased from the same (licensed gun dealer) and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks.”
  • "Bill––well done yesterday... (I)n light of our request for Demand letter 3, this case could be a strong supporting factor if we can determine how many multiple sales of long guns occurred during the course of this case."



Eric Holder, advocating for background checks for private sales:
"Some citizens believe that they need to purchase firearms for self-protection. If the recent increase in firearms sales is attributable to people who may lawfully purchase firearms, that is the decision of the individual and not a matter that should be the subject of government oversight. If, on the other hand, any firearm purchased in this country falls into the hands of a terrorist because no background check was done, that is another national tragedy waiting to happen. Fortunately for our nation, there is an easy and safe solution.” [source]

"When high-level officials start resigning and taking the 5th, these hearings aren't trivial witch hunts in a political year."  -- LRRPF52


Best Resources:



AECA/ITAR* issues related to Project Gunwalker:

Per SCOTUS bar-approved attorney David Hardy, this gun-walking almost assuredly violated AECA/ITAR:

David Hardy (2011:Jul.12). "Did Fast & Furious violate the Arms Export Control Act?" Of Arms & The Law.

"This a lot narrower than the GCA exception for acts by a government agency, and for good reason: the purpose of this statute is to control executive agency actions. No gun running to foreign governments or persons without a paper trail (and in cases of large transactions, a prior request for Congressional approval)."

In [earlier] attempting to compare Fast&Furious/Gunwalker to Iran-Contra, and especially after reading David's blogpost, I began to wonder... it seems like a foregone conclusion that certain parts of the AECA would have been amended by Congress in direct response to Iran-Contra.


"On November 13, 1986, Wallison told Regan he had concluded that the AECA placed an 'absolute prohibition' on arms sales to Iran without prior notice to Congress. At an early afternoon meeting to prepare President Reagan's televised speech, Poindexter's deputy Alton Keel 'exploded' when Wallison tried to omit a line stating that all laws had been complied with; Keel said that this is what the President, the attorney general and the national security adviser wanted. Wallison reached Meese late in the afternoon to discuss the AECA, and Meese said he would have Assistant Attorney General Charles Cooper call him. When Cooper telephoned Wallison, Cooper said he was 'relying on a theory developed by the State Dept. in 1981 that there was no need to comply with the AECA at all if the export is part of an intelligence operation'."

Walsh (). "Iran / Contra Report: Chapter 30, Donald T. Regan," Federation of American Scientists.

I could certainly see those in Congress wanting to "close the State Dept. loophole," if you will, after Iran-Contra.

In looking at the "post-Iran-Contra period" (~1987-1996), I'm seeing (in the USCS from Lexis-Nexis) that the AECA was amended 3x in 1987, 2x in 1988, 4x in 1989, 2x in 1990, 4x in 1991, 5x in 1992, 1x in 1993, 3x in 1994, 0x in 1995, and 5x in 1996.

(Reagan was still giving Iran-Contra related testimony in 1990 and 1992, so I think going until at least 1995 or 1996 is justifiable)

Obviously not *all* of these amendments were in direct response to Iran-Contra, so I'm about to start delving into the text of all of these amendments... but first, I sent an email to David Hardy outlining my thoughts on the above.


Even though Iran-Contra 'broke' in November 1986, Ronald Reagan was still giving IC-related testimony in 1990 and 1992.

"In 1992, Independent counsel, Lawrence Walsh, was still probing the Iran-contra scandal, but Reagan was unable or unwilling to cooperate. When he took testimony from Reagan in July 1992..."
I was not yet 10 years old when the first Iran-Contra hearing was held, but I remember watching them (on C-SPAN?) with my grandmother.

My point in all of this (sparked by David Hardy's blogpost on "Of Arms & The Law") is -- or at least started as -- this:

Some of the apologists for gun-walking inevitably make "the 1981 State Dept. argument."

Namely, that because this was either a law enforcement operation, or an intelligence operation (or both), somehow AECA doesn't apply. My position is that, especially because of Congressional outrage over Iran-Contra, "that 1981 State Dept. argument don't hunt."



AECE = Arms Export Control Act
ITAR = International Traffic in Arms Regulations


Note: I was first alerted to the AECA/ITAR issues involved in Project Gunwalker by National Gun Rights Examiner David Codrea, who commented on David Hardy's July 12th post:


More on the AECA/ITAR angle:



AECA, as amended:
  • 1986:Nov.14 -- P.L. 99-661, 22 USCS 2767
  • 1987:Jul.11 -- P.L. 100-71, 22 USCS 2764
  • 1987:Dec.22 -- P.L. 100-202, USCS 2761, 2763, 2778, 2796
  • 1987:Dec.22 -- P.L. 100-204, USCS 2278
  • 1988:Sep.29 -- P.L. 100-456, 102 Stat. 2037, 22 USCS 2761, 2796d
  • 1988:Oct.01 -- P.L. 100-461, 22 USCS 2753, 2796
  • 1989:Nov.21 -- P.L. 101-165, 22 USCS 2761, 2770, 2792
  • 1989:Nov.21 -- P.L. 101-167, 22 USCS 2796
  • 1989:Dec.12 -- P.L. 101-122, 22 USCS 2753, 2776, 2778, 2780
  • 1989:Dec.13 -- P.L. 101-231, 22 USCS 2795


San Antonio Express-News calling for end to DOJ stone-walling:
ATF Whistle-blowers:

Partisan treatment of gunwalking:


Update1:
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