Skip to comments.Did Fast & Furious violate the Arms Export Control Act?
Posted on 07/13/2011 1:49:38 PM PDT by RummyChick
First, the Arms Export Control Act, 22 USC §2778.. It authorizes the President to define defense articles and regulate their export. In so doing, he must consider the possibility that export could "support international terrorism, increase the possibility of outbreak or escalation of conflict..."
Those defense articles may not be exported without a permit, issued by the Secretary of State ( Department of State guidelines here), "except that no license shall be required for exports or imports made by or for an agency of the United States Government
(A) for official use by a department or agency of the United States Government, or
(B) for carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other means."
The firearms involved here were not being exported for official use by an agency, nor as part of foreign aid. 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).
Any person who willfully violates these provisions "shall upon conviction be fined for each violation not more than $1,000,000 or imprisoned not more than ten years, or both."
There have been some reports of agents having directly transferred firearms to drug cartel buyers, in order to boost their "street creds." That'd clearly be a violation. In other situations, the person who actually exported the firearms would be in clear violation. But what of those government supervisors who allowed the arms to flow -- especially the cases where a protesting FFL was told to sell the guns anyway?
18 U.S. Code §2 provides:
"§ 2. Principals
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal."
Posted by: James N. Gibson at July 12, 2011 10:08 PM
So, if this was done at the order of the CIA...
does it fall under this exception
“(A) for official use by a department or agency of the United States Government, or “
ATFs Fast and Furious Seems Colored With Shades of Iran/Contra Scandal
Posted by Bill Conroy - July 10, 2011 at 8:17 pm
Congressional Inquiry Raising Specter of Spooks in the Soup
Arming organized crime syndicates who have murdered nearly 40,000 people in six years and have a real chance of overthrowing the Mexican government? That seems like quite a stretch to cover it with this Act. I wonder how JFK and RFK would have felt about a foreign nation arming La Cosa Nostra like that?
Also arming ms13 in this oountry, not to mention rebel narcos and hizbullah in Honduraa. These are acts of war, not to mention acts of international terrorism.
there is a thread for that story with a link in the comments is a site talking about the Zetas in 2009
Did you do this graphic? It’s perfect. And yes, obama is a criminal the likes of which this country has not seen, except for maybe clinton, in its history. He is an absolute enemy of this country. I can’t understand the silence. I just can’t.
They sure as heck are! There are still 1,400+ guns in Mexico still unaccounted for. They would hold a premium for Hizbullah to acquire and use in a mass shooting on this side of the border making certain that they were left at the scene. The fact that that would help us rid ourselves of the jug-eared Marxist would not diminish the value of the turmoil it would cause. 0bama has handed the jihadis a bigger stick to strike us with.
I posted it too, but not as a thread...on TM. Don’t know how the heck I missed your thread. Dang. Good thread.
obama IS a jihadi.
Those weapons were exported for the use of Mexican drug cartels not the CIA!
By his fruits we know him. Arming the Mexican drug cartels is like arming Pol Pot.
We know that CIA does things often off the book.
But let’s say it was on the book as an official operation with the party getting the guns as an official CIA asset.
Does that let them off the hook?
This excuse could not be used in all cases because all the players surely were not CIA assets.
But if you look at what happened with Davila..CIA assets do things against the law with CIA approval. I just love Mike Levine’s quote about a wacko plan.
As far as I know, Davila never paid a price for it. Nor did anyone in the CIA.
Was Davila trying to kill Chavez with the help or at least the approval of the CIA?
So what happened when Obama came into office - since Obama loves Chavez.
This may have been one of the things that has caused tension with the CIA - they want to do one thing and he wants to do another.
I still haven’t figured out the Honduras thing . Were the guns walked to Honduras after the coup or before the coup.
That's only 1400 that we know of. Were there operations in NM, CA, TX? I doubt the DoJ, ATF, FBI, DEA, CIA are going to volunteer that information.
This question has been raised a number of times on sites I frequent. The concensus, (and my take) is its a violation. Recall a (unknown) number of these straw purchasers were turned criminals using USG funds. That’s two strikes in my book.
Right now, even with all this blood in the water the MSM isn’t even sniffing around Gun Walker very much. That may change as the President continues to abuse the White House Press Corps.
New information coming out of FL and TX confirms OFF aka “Gun Walker” wasn’t confined to Phoenix, AZ. As everyone in the gun community knew/expected it had sister programs in other border states. But I admit a FL operation surprises me. Reports have it linked to Honduras. And isn’t that where USAG Holder is on record claiming his office is working to trace the cartel leadership thru guns back in March ‘09 ? (More and more this story reminds me of the multiple botches in the Manual Noriega fiasco.) >PS
Yes. Please feel free to copy and circulate the image!
In my #17, did I say TX?
I see these investigations as being in the early stages. We can look forward to many new revelations as the days go by. But 1,400 rifles “walking” around Mexico should be more than enough to have a few more turn up at some fresh murder scenes. It’s not like the cartel’s killers are shy about using them.
Thank you very much. I will sure do that.
” “Internal ATF emails seem to suggest that ATF agents were counseled to highlight a link between criminals and certain semi-automatic weapons in order to bolster a case for a rule like the one the DOJ announced yesterday [Monday].”
Townhall has obtained the email which states “Can you see if these guns were all purchased from the same FfL and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks Mark R. Chait Assistant Director Field Operations.”
Get that, they were creating through the Gunwalker Scandal the “evidence” to achieve the political inroads on the Second Amendment that they wanted. And wasn’t that the whole point of Gunwalker? “
Good luck getting the law to stick to any of these people.
Now pay your taxes, they need raises. :)
Does this sound just a bit like Mena or what?