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Man Pleads Guilty In ‘F&F’ – AP Revisionism

From an always revising Associated Press:

Man pleads guilty to gun charges in botched probe

By JACQUES BILLEAUD
April 6, 2012

PHOENIX (AP) — A man who bought two rifles found at the scene of the fatal shooting of a federal agent near the Arizona-Mexico border pleaded guilty Thursday to two felony charges in the federal government’s botched gun smuggling investigation known as Operation Fast and Furious.

So that’s all that Fast & Furious was? A "botched gun smuggling investigation"?

Authorities say Jaime Avila Jr. was a member of a 20-person ring accused of buying guns and smuggling them into Mexico for use by the Sinaloa drug cartel. Two AK-47 variants bought by Avila from a suburban Phoenix gun store were found in the aftermath of a December 2010 shootout that mortally wounded Border Patrol Agent Brian Terry near Nogales, Ariz.

Avila, 25, faces up to 10 years in prison after pleading guilty to dealing guns without a federal license and conspiracy to deal guns without a license, making false statements in a gun purchase and smuggling goods out of the U.S

Federal authorities have faced harsh criticism since Terry’s shooting for allowing suspected straw gun buyers to walk away from gun shops with weapons, rather than arrest the suspects and seize the guns there

Again, the AP makes it sound like this was a ‘slip up,’ instead of the whole idea in the first place.

And buried in the tenth paragraph of this article, the AP mentions in passing the real reason behind ‘Fast & Furious’:

Mexico’s drug cartels often seek out guns in the United States because gun laws in Mexico are more restrictive than in the United States.

The goal of the U.S. government’s gun smuggling investigation was to catch weapons-trafficking kingpins

Which is a laugh, since they never caught a one.

No, the goal was to put more guns in the hands of the Mexican drug cartels, so that the Obama administration could then use their violence as an excuse to clamp down on gun sales in the US.

[B]ut firearms agents lost track of many weapons they were trying to trace to smuggling ringleaders, and some guns ended up at crime scenes in Mexico and the U.S…

The federal agency lost track of some 1,400 of the more than 2,000 weapons whose purchases attracted the suspicion of the Fast and Furious investigators

But even the ATF is not so incompetent as to lose track of almost all of the weapons they were supposed to be tracking. But the idea was not to track these weapons. The idea was to lose track of these weapons.

Because they didn’t want anyone to realize that they came from government provided gun dealers. That would undercut their efforts to further restrict the guns rights of Americans.

So far, five members of the alleged gun smuggling ring have pleaded guilty

However, the real criminals are still at large and enjoying their cushy government jobs in the Obama administration.

This article was posted by Steve on Friday, April 6th, 2012. Comments are currently closed.

3 Responses to “Man Pleads Guilty In ‘F&F’ – AP Revisionism”

  1. Liberals Demise says:

    A couple more low level scapegoats and “Hold On” Holder gets cut a huss.
    I’m surprised this even reared its ugly head in the LSM.

  2. P. Aaron says:

    The media doesn’t care for the nameless, faceless Mexicans shot down by democrat F & F guns.

  3. Petronius says:

    SG : “However, the real criminals are still at large and enjoying their cushy government jobs in the Obama administration.”

    BATF should be changed to ABTF, i.e., accessory before the fact — one who procures, counsels, or commands another to commit a crime. An ABTF is equally guilty with the principal who pulls the trigger.

    Regarding Rep. Darrell Issa’s investigation of Fast & Furious and Tigellinus-Holder, see Title 18 United States Code, sec. 924(c)(1), which provides a 30-years mandatory minimum prison sentence for the “use” of a firearm “during and in relation to … [a] drug trafficking crime.”

    See also Smith v. U.S., 508 US 223 (1993), wherein the Supreme Court held that “use” is not limited to the use of the firearm as a weapon, but that the statute also includes use of the firearm as an article of commerce in connection with the drug trafficking. Thus the Court in Smith upheld a 30-years sentence for a convicted drug buyer who sold a gun to the drug dealer as part of the consideration given in exchange for the drugs.

    As noted in the AP news article above, some 2,000 guns were involved in Fast & Furious. Were any of them used “during and in relation to … drug trafficking”? Well, that was the purported intent at BATF, right? The guns were sold to drug gangs pursuant to the orders of the BATF –– that was, after all, the ostensible point of the operation . . . . although the real but undeclared intent may actually have been to bring the Second Amendment into disrepute––by allowing American guns to “walk” to Mexico so that their use in crime there could be used to justify new gun controls in the US.

    What else is “use” of a firearm during drug trafficking? It constitutes “use” if the firearm is present in the house where drugs are dealt and readily available. United States v. Drew, 894 F.2d 965, 968 (8th Cir.), cert. denied, 494 US 1089 (1990). It is not necessary that the defendant brandish or discharge the firearm. United States v. Jones, 990 F.2d 1047, 1048 (8th Cir. 1993).

    Two of the BATF’s “walked” guns were found at the scene of the murder of Border Patrol Agent Brian Terry. So it seems likely that the guns may have been used “during and in relation to” drug trafficking crime. They were so used on perhaps thousands of occasions. About 1,700 guns remain unaccounted for, and are no doubt currently being used in drug trafficking. Evidence that they were used in a drug trafficking shouldn’t be too hard to find. Finding someone to look for the evidence is the real challenge.

    Of course these sec. 924(c)(1) crimes are over and above other felonies –– such as conspiracy to international gun smuggling, and accessory to murder.

    Is Tigellinus-Holder an ABTF (accessory before the fact)? And how high up the chain of command does Fast & Furious go? I’m not a mind reader. I don’t know if Darrell Issa is aware of the 30-years mandatory minimum sentence provided by sec. 924(c)(1). But he and his committee certainly should be. After all, they are surrounded by hot-and-cold-running legal staff. Yet the only crimes Issa appears to be pursuing are the relatively petty crimes of perjury and contempt of Congress. Even the gun-running thug Jaime Avila Jr. (photo above) is facing only 10 years in prison, having pled guilty to the lesser crime of dealing guns without a license.


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