Posted on 12/05/2011 6:52:24 AM PST by Kaslin
As we continue to watch the general uproar over the Operation Fast and Furious program, and specifically what Attorney General Holder knew and when he knew it, it needs to be noted that perjury is not the only apparent violation of law to have occurred.
I refer to the apparent violation of at least one (probably two) major U.S. laws by the Holder Justice Department. A few years ago, the International Emergency Economic Powers Act (50 U.S.C. 1701, the follow-on to the Trading with the Enemy Act) was expanded in order to criminalize any transactions between U.S. entities — to include departments and agencies of the U.S. government — and all foreign drug cartels.
I am familiar with these prohibitive statues because several years ago, while serving as the senior drug analyst for the Senate Intelligence Committee, I was tasked to initiate and became the principal drafter of legislation which became known as the Kingpin Act (21 U.S.C. §§ 1901-08). The Kingpin Act is an extension of the highly successful IEEPA sanctioning program specifically targeting Colombian drug cartels. It expands sanctions authority against various drug cartel operations worldwide — including Mexico — which have been determined by the president to be threats to the national security, foreign policy, or economy of the United States.
A violation of any of the IEEPA sanctioning programs or the Kingpin Act carries stiff penalties, both criminal and civil, and potentially totaling decades in prison and tens of millions of dollars in fines. It is not necessary that an individual or governmental entity be shown to have “knowingly” violated any of these programs: it is illegal for any U.S. entity or individual to aid, abet, or materially assist — or in the case of Operation Fast and Furious, to facilitate others to aid, abet, or materially assist — designated drug traffickers. There are no exceptions within IEEPA programs for unlicensed U.S. law enforcement or intelligence agency operations.
Based on the July 5, 2010, memo to Eric Holder, it would appear that Fast and Furious facilitated the delivery of weapons to — at a minimum — the Sinaloa cartel in Mexico. The U.S. Department of the Treasury, which administers both the IEEPA and Kingpin Act programs, has designated numerous members of the Sinaloa cartel under both programs. IEEPA prohibitions apply to the U.S. government as well as to individuals, and as stated there are no exceptions within IEEPA programs for unlicensed U.S. law enforcement or intelligence agency operations.
There is a provision in the Kingpin Act for “authorized” law enforcement and intelligence activities, however the only procedure by which an Operation Fast and Furious program could have been “authorized” under the Kingpin Act was by the U.S. attorney general requesting a waiver (known within the Treasury Department as a Specific License), prior to any such operation being undertaken. To illustrate and emphasize this point: even during the run-up to war in Iraq, the U.S. secretary of Defense had to obtain waivers (specific licenses) from the Treasury Department to allow U.S. Special Forces and their necessary equipment (to include weapons, intelligence gathering, and targeting gear) to go into Iraq, as Iraq at the time was under separate IEEPA sanctions.
As an aside: having spent many hours in discussions and negotiations over the exception in the Kingpin Act for authorized law enforcement and the intelligence community, I can assure the reader that the intent of this provision was not to allow for the transfer of thousands of semi-automatic weapons to cartel members. The intent of this portion of this particular Act is to allow for cash payments by U.S. law enforcement and intelligence agencies to confidential informants and intelligence sources within cartels to aid in their dismantlement, and not to facilitate the transfer of weapons used to murder hundreds of innocent civilians in Mexico and a U.S. Federal Border Agent.
As part of Congress’ ongoing investigation, as well as its constitutionally mandated oversight activities, it should be asked of Attorney General Holder if any such specific licenses were requested or granted by the Treasury Department. Additionally, Treasury Secretary Geithner should explain whether his Department has begun an investigation into these apparent violations of IEEPA and the Kingpin Act.
Interestingly, and of serious note — if Secretary Geithner finds that the laws and programs which his Department administers have been violated, Treasury procedures mandate that the matter be referred to Eric Holder’s Justice Department for enforcement!
Perhaps the appointment of a special prosecutor is necessary after all.
in the past it has always been known as gun running so can anyone tell me why now with this admin it is now called gun walking?
Comrade, ANY means can be justified in light of the glorious end goal of global communism and the enlightened golden age of mankind that it will usher in.
You think?
I believe we are way past needing a special prosecutor for just about everything this justice department does. How can we keep order when this department has been out of order since the start?
I don't think the administration is calling it gun walking. I believe that the term was coined by its opponents to show its similarity to gun running, but those doing it didn't have to move nearly as fast because it had BATF and DoJ approval.
Our government is BROKEN. From the Top on Down. It needs a complete system erase and a full reinstall of the base operating system.
That and "Newspeak".
re-education camp for me it is then.
Seriously it sounds like the left are playing their name game just like gay is a homosexual, dream act is really amnesty.
The left always like to put a positive word for their agenda and I was not sure if they were using gun walking in the media instead of gun running as it sounds not as bad
bflr
Obama will throw Holder under the bus sometime in February. That will be that. Something along the lines of a well intentioned group of staffers with insufficient oversight within the DOJ, acting without approval. Holder will resign and collect his $250,000 yearly pension and quietly oversee the community organizing arm of the administration.
Sadly, your predicted scenario will probably prove quite accurate.
The term was coined for this particular program, because the guns were allowed to “walk” over the border into mexico...digging a little deeper into this, not only were the guns allowed to walk across the border, but the atf actively assisted in getting them across the border, with no way to track or trace them once they crossed...
Can you imagine what State Media would be doing if GOP had done something remotely similar?
I hope GOP does push this aggressively and especially, our candidates get though and demand special prosecutor not linked to democratic party.
This would be nice opportunity for a candidate to show some backbone, and demand Holder’s resignation, said special prosecutor and opening of the sealed records of border agent’s death.
Holder should be impeached and deported to Mexico to face justice.
Seen this? Holder could potentially spend the rest of his natural life behind bars.
We remember Iran-Contra and all the outrage and fury that the Dems and their media jackals could muster. This is so far beyond anything alleged in Iran-Contra. But it's ok, 'cause the Democrats are involved.
I heard some guy (can't remember who he was, but I think he was with the BATFE?) explain this on TV. It's internal lingo within the bureau -- a gun is referred to as a "walking" gun when they lose track of it and no longer know where it is. So in terms of this debacle, the monicker of "gun walker" is quite appropriate.
Kingpin Act
The Kingpin Act is an extension of the highly successful IEEPA sanctioning program specifically targeting Colombian drug cartels. It expands sanctions authority against various drug cartel operations worldwide — including Mexico — which have been determined by the president to be threats to the national security, foreign policy, or economy of the United States.
There are no exceptions within IEEPA programs for unlicensed U.S. law enforcement or intelligence agency operations.
There is a provision in the Kingpin Act for “authorized” law enforcement and intelligence activities, however the only procedure by which an Operation Fast and Furious program could have been “authorized” under the Kingpin Act was by the U.S. attorney general requesting a waiver (known within the Treasury Department as a Specific License), prior to any such operation being undertaken.
The U.S. Department of the Treasury...administers both the IEEPA and Kingpin Act programs,...
As part of Congress’ ongoing investigation...it should be asked of Attorney General Holder if any such specific licenses were requested or granted by the Treasury Department.
Additionally, Treasury Secretary Geithner should explain whether his Department has begun an investigation into these apparent violations of IEEPA and the Kingpin Act.
Interestingly, and of serious note — if Secretary Geithner finds that the laws and programs which his Department administers have been violated, Treasury procedures mandate that the matter be referred to Eric Holder’s Justice Department for enforcement!
Perhaps the appointment of a special prosecutor is necessary after all.
~~~~~~~~~~~~~~~
Why hasn't Issa addressed this already?
At some point in time, Breuer knew these laws were being violated. It is not within the realm of credibility that he would not have informed Holder, either to get clarification about a Specific License or to recommend that Holder contact Treasury to start an investigation.
Notwithstanding all Breuer's tortured efforts to keep Holder out of the loop, for Breuer not to inform Boss Holder would put Holder in direct legal jeopardy---exactly what Breuer was trying to avoid.
Maybe a crack of light has opened up.
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