Media & Congress Still Missing the Big Legal Point of the Gunwalker Scandal: it was a conspiracy

Hillary. Conspiring to violate the laws she swore to uphold. What did she know and when did she know it?

International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the export and import of defense-related articles and services on the United States Munitions List (USML). These regulations implement the provisions of the Arms Export Control Act (AECA), and are described in Title 22 (Foreign Relations), Chapter I (Department of State), Subchapter M of the Code of Federal Regulations. The Department of State interprets and enforces ITAR. Its goal is to safeguard U.S. national security and further U.S. foreign policy objectives.

For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military related technologies (for items listed on the U.S. Munitions List) may only be shared with U.S. Persons unless authorization from the Department of State is received or a special exemption is used. U.S. Persons (including organizations) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign (non-US) persons with access to ITAR-protected defense articles, services or technical data. . .

All U.S. manufacturers, exporters, and brokers of defense articles, defense services, or related technical data, as defined on the USML, are required to register with U.S. Department of State. Registration is primarily a means to provide the U.S. Government with necessary information on who is involved in certain manufacturing and exporting activities. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export. Registration fees start at USD $2,250 per year.

Under ITAR, a “US person” who wants to export USML items to a “foreign person” must obtain authorization from the U.S. Department

Hillary clearly laid out the whole Fast and Furious conspiracy, in March, 2009, in the New York Times:

http://www.nytimes.com/2009/03/26/world/americas/26mexico.html

“Our insatiable demand for illegal drugs fuels the drug trade,” Mrs. Clinton said, using unusually blunt language. “Our inability to prevent weapons from being illegally smuggled across the border to arm these criminals causes the deaths of police officers, soldiers and civilians.”

Mrs. Clinton’s remarks were coupled with a pledge that the administration would seek $80 million from Congress to provide Mexican authorities with three Black Hawk helicopters to help the police track drug runners.

She also came bearing a new White House initiative, announced Tuesday, to deploy 450 more law enforcement officers at the border, and crack down on the smuggling of guns and drug money into Mexico.

The diplomatic offensive, which will include visits by several other senior American officials ahead of President Obama’s visit next month, was calculated to mollify Mexican officials, who have chafed in recent years at what they regard as Mexico-bashing in Washington. It seems to have worked.

Patricia Espinosa, Mexico’s foreign secretary, said the new measures were “much along the line of cooperation that we have been trying to build upon.” But, she added, “there is always room for improvement in the U.S.”

Indeed, some of the Obama administration’s measures are likely to run squarely into American political realities. For example, early indications that Mr. Obama will push for stricter controls on the sale of assault rifles have already set off an outcry among gun-control opponents.

“Politically, this is a very big hurdle in our Congress,” Mrs. Clinton conceded.

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