Comment of the day:

The Obama administration, charged with and sworn under oath to the task of enforcing the laws of this country, used a federal agency for the purpose of allowing the laws to be violated, so as to effect changes in the laws they don’t like.

And if they don’t get the law changed, they’ll just unilaterally change it themselves through agency regulation?

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This is the gravest dereliction of sworn duty I have witnessed in my lifetime. Almost directly, it led to the death of an agent under their control.

And it deserves at least 20 years with no parole in Leavenworth prison.

And it has expanded to the Tampa ATF Office, which is currently engaged in a coverup.

By now, almost everyone is aware of the controversial acquittal of Casey Anthony in Orlando, Florida.

Unlike many people (and despite being a lawyer by trade), I did not follow this case and I have been only casually following its results.

But there are two, critical points that need to be made and understood here.

First, in our system of criminal justice, the State must prove its case.  This is such a fundamental concept for the American system that it is almost embarrassing to mention.   Nonetheless, it seems that many people in the media and protesters outside of the courthouse have forgotten that all-important concept.   But this idea that the State must prove the guilt of the accused, and prove it beyond a “reasonable doubt” to a jury of peers is the key stone that protects us from arbitrary oppression by the State.  The Founding Fathers considered this an essential bulwark of liberty.   So when the jurors in the Casey Anthony case explain that they could not convict Ms. Anthony because the State had not proven the allegations, that is an extremely serious charge and one that indicates that the system is working.

The fact that the public perceives that “justice” was not carried out illustrates: (A) that the public is never shy about condemning people without all the facts that were available to the jury, and; (B) that the public has lost sight of this key responsibility of the State to prove its case.   As Americans, we must accept that there will be cases where, for whatever reason, the State cannot meet its burden to prove guilt and a criminal may escape punishment for a crime committed.   That is the serious price of liberty, however, and until someone devises a better method to protect us from the oppressive force of the State, we run a grave risk when we undercut that protection by demanding the condemnation of persons that the State could not prove were guilty.

Which brings me to my second point, as illustrated by this article in The Daily Mail.

A juror in the Casey Anthony trial has told how she received death threats and has been unable to work since she was cleared of murder.

The woman, known only as juror number 12 left her job and went into hiding fearing co-workers would ‘want her head on a platter’.

Her husband said before leaving she told him: ‘I’d rather go to jail than sit on a jury like this again.’

And this:

One, Jennifer Ford, 32, said there was not evidence to convict the 25-year-old mother.

She said: ‘I did not say she was innocent, I just said there was not enough evidence.

‘If you cannot prove what the crime was, you cannot determine what the punishment should be.’

The nursing student told ABC news: ”Everyone wonders why we didn’t speak to the media right away.

‘It was because we were sick to our stomach to get that verdict.

Another, Russell Huekler said the jury only saw evidence that Anthony was a good mother.

He said: ‘‘The first number of witnesses were Casey’s friend and every time that they said they saw Casey with Caylee, it was a loving relationship and no one provided evidence to the contrary.’

When we reach the point that jurors cannot serve without fearing for their lives if they dare to hold the State accountable for proving guilt, the jury system collapses.  At that point, jurors compelled to serve will become little better than rubber-stamps for the State, voting to convict out of fear of mob violence and the complete disruption of their lives.   And when the State can count on guilty verdicts, no matter how sloppy or non-existent the evidence, the door is wide open to tyranny.   And, lest anyone think that tyranny cannot happen in these United States, just look at the Fast and Furious/Gunwalker scandal for a sample of government run amok.

It has been pointed out that there is a difference between Project Gunrunner and the subset of this project that involved the release of firearms to members of the Mexican drug cartel, or so-called “Fast and Furious.”  The point is taken, but I think that it is easy to press this point too far.

I have pointed out that the ATF’s strategy expanded and had to be modified based on guidance from the White House and Department of Justice.  There was knowledge of the operations and consistency of efforts up the chain of command.  What under President Bush required only a handful of ATF agents to interdict weapons, suddenly became an operation funded with stimulus money, involving some 100 additional ATF agents at the Southwest border, according to Eric Holder’s own statements.  Project Gunrunner without “Fast and Furious,” or the intentional, illegal transport of weapons across the border, is like a football camp without scrimmages.

The sordid details include the deaths of law enforcement officers on both sides of the border, but as the scandal grows, the list of consequences does as well.  We have recently learned that the ATF helped to train corrupt Mexican police officers in the use of electronic tracking and detection techniques (with such training coinciding with the intentional release of weapons to the Mexican drug cartels as part of “Fast and Furious”).

But the scandal grows worse just in the last couple of days.  Some 1000 weapons had been released to Mara Salvatrucha (MS-13) in Honduras.  This was done not through the Phoenix office of the ATF, but through Tampa office.  David Codrea reports on the coverup currently going on.

The source reporting Special Agent in Charge of ATF’s Tampa Field Division Virginia O’Brien “ran a gun-running investigation that was walking guns to Honduras using the techniques and tactics identical to Fast and Furious” contacted these correspondents again this evening with this follow-up report:

O’Brien is in full meltdown.  She ordered supervisors from around the Division to report immediately to division offices and to plan on working through the entire weekend on the coverup.

Her partner in the bungle was ASAC Scott McCampbell.  At one point the case was ready to be wrapped up with arrests and remain relatively efficient but O’Brien and McCampbell decided on their own to keep it going to “get more” against the advise of thier (sic) field employees and the walked guns numbers got out of control.

OB is terrified that her intentional concealing of her walked guns is going to do her in since she disregarded orders to report to DOJ and Congress.

Nearly the same culprits above her are on the hook for this.  Chait knew about it so did Hoover and Melson.  The new player is DAD East Julie Torres.  She took O’Brien’s old DAD job when OB went to Tampa and has given OB carte blanche to do whatever she wants with little oversight.

Reportedly the shredders are buzzing.

Thus the scandal – and coverup – expands to the Tampa office, and yet responsibility finds no home at the top of the administration (or even in the middle).

Prior: Project Gunrunner category

Surprisingly, no military blog of which I am aware picked up and commented on a Newsweek article on General David Rodriguez.  Part of this article is repeated below.

If the past 18 months of U.S. military gains withstand the upcoming troop drawdown in Afghanistan, people can thank Lt. Gen. David Rodriguez. Few Americans are likely to do that. In fact, not many even know the publicity-shy general’s name. “He’ll never tell you that this whole thing was his baby,” says his top aide, Col. Kimberly Field. “But it was.” Although Rodriguez’s mediagenic boss, Gen. David Petraeus, gets most credit for the Afghan surge’s success, it was actually Rodriguez—General Rod, his troops call him—who drafted the operational plan even before President Obama announced the executive decision to send in 30,000 additional U.S. troops in November 2009. “You never hear of General Rod as long as General Petraeus is within a hundred miles,” says one of Rodriguez’s staff officers. “But he could care less.”

You wouldn’t think the 6-foot-5 paratrooper was easy to ignore. “He looks kind of scary,” one of his officers confesses. But his staff officers describe him as gentle, low-key, even humble. And low-maintenance: in contrast to some three-stars, they say, Rodriguez doesn’t demand to be treated like royalty. In fact, his unassuming nature is one of his most valuable strengths: he knows how to listen. “I tell everybody, ‘If we used our two ears and one mouth in the same ratio we had them, we would be better off,’ ” he told NEWSWEEK in an exclusive interview. As Rodriguez drew up and refined his plans for the surge, he took the unconventional step of consulting civilian and military Afghan officials, who helped him identify the key terrain that had to be secured. “We have all the technology and skills, but they know the human terrain,” he says. “You just have to ask them and listen. They know what they have to do to win this fight.”

Rodriguez called his plan Operation Omid (the Dari word for “hope”), and it has centered from the very start on enabling the Afghan government forces to stand on their own. The country’s security forces have grown by 94,000 new police and soldiers since the surge began, Rodriguez says, and their total strength is expected to reach 350,000 by next year. Afghanistan’s highly regarded chief of Army staff, Gen. Shir Mohammad Karimi, credits Rodriguez with building professionalism and loyalty in the Afghan National Army (ANA). “He’s patient and tolerant,” says Karimi, “but most important, he listens to Afghan ideas, suggestions, and recommendations.” For one thing, Karimi says, Rodriguez is now paying closer attention to sparsely populated Nuristan province, where the Americans pulled out in late 2009. “Rod frankly says that Afghan proposals are sometimes better than those he worked on with his own staff,” he adds.

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Rodriguez says he’s confident that Afghan soldiers at the platoon and company level are up to the job of taking over from U.S. forces. “We’re going to get them in the front line from the bottom to the top,” he says. “We’ve got to keep the momentum going while we are doing less and less.” Still, he acknowledges, building up the ANA’s command-and-control capacity will take a little longer. His friend and counterpart General Karimi promises that the ANA will be ready to replace the withdrawing U.S. forces—as long as his men have what he calls “enablers”: artillery, air, helicopter gunship, medevac, and logistical support from the Americans, together with U.S. intelligence feeds. Rodriguez says Karimi can count on all those until at least 2014, the deadline President Obama has set for a final withdrawal of U.S. combat forces. The backup Karimi’s men need will leave only at the tail end of the pullout, at the same time as U.S. Special Operations troops and a quick reaction force, Rodriguez says.

Newsweek is certainly feeling the general-love in this piece.  The fawning nature of this article really is objectionable, and it isn’t clear why Newsweek would have felt the freedom to go to the general’s top aide to get the perspective that “this whole thing was his baby” without any balancing opinions.

I don’t get into the general-love that most Americans feel.  Throughout history, we have set our generals on pedestals, in positions of higher honor that they usually deserve.  As for this piece on Rodriguez, after reading how we have him to thank for our military gains, and after listening to the description of him (6′-5″ paratrooper, “he looks kind of scary …”), I found myself waiting for the account of how Babe the blue ox drags his gigantic axe behind him, you know, the one he uses to fell giant trees.

As for that notion that the ANA are “up to the job,” I guess General Rod isn’t referring to those ANA boys at Kamdesh who curled up in a fetal position on their bed to wait out the fight.  As for General Rodriguez himself, recall that he and his staff were the ones who decided that they wanted to micromanage every aspect of the Marines’ engagement in the Helmand Province, including ROE.  As for Nuristan, I guess General Rodriguez was the first out of the gate to describe how it was important.

Whatever else one thinks of General Rodriguez, let me make one thing absolutely clear (and this is one thing that sets me apart from his staff, all of whom who should be spending more time carrying a rifle on patrol).  If there is any success in Afghanistan, to the extent that there is success in Afghanistan, it shouldn’t be ascribed to General Rodriguez or his staff (any more than it should be ascribed to General Petraeus).  There is no debate about the contributions of Generals Petraeus or Rodriguez on the pages of The Captain’s Journal.  Any success redounds from the blood, sweat and tears of Army specialists and Sergeants and Marine Corps Lance Corporals and Corporals in the field under fire.

No one in their right mind would argue this last point.

I enjoyed the largest citizen (non-professional) fireworks display on earth on July 4th at Myrtle Beach, S.C., with my oldest son, grandchildren and dog (74 pound red and rust Dobie), up and down the coast, literally as far as the eye could see at dusk and just after.  Thankfully, Congressional investigators were busy with other things.

In a secret deposition on the Fourth of July, the embattled head of the Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed to congressional investigators new potential lapses in a bungled U.S. gun trafficking sting  that has stirred controversy on both sides of the Mexican border, according to people familiar with the interview.

While many Americans celebrated over barbecues and fireworks, acting ATF director Kenneth Melson arrived Monday with a private attorney on Capitol Hill for the interview, the sources said, speaking only on the condition of anonymity.

During hours of questioning, Melson told investigators for the Senate Judiciary Committee and the House Oversight and Government Reform Committee that he has recently learned that other federal agencies may have withheld crucial information about possible drug cartel connections to the gun trafficking ring that his agency had tried to crack during a 15-month operation that used controversial tactics, the sources said.

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In his interview, Melson said most of the operational decisions for the Fast and Furious operation were approved by the U.S. attorney’s office in Phoenix, which was leading a special strike force on gun trafficking, and that even he didn’t know about the specific orders to let straw buyers walk off with guns until after the controversy erupted, according to the sources.

He told the investigators he has subsequently learned that ATF agents during the operation did observe straw buyers transferring guns they had purchased to third parties, a possible legal violation, but did not interdict the weapons at the instructions of their immediate supervisors, the sources added.

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Melson also disclosed the existence of documents about the ATF case that have not yet been turned over to congressional investigators, the sources added.

Melson has decided to play ignorant.  So be it.  Let’s allow the evidence to play out and see where the blame lies.  Whatever the end result, either Melson is lying, or he isn’t lying and he was truly ignorant.  In the former case he has perjured himself.  In the later he is merely incompetent.  In both cases, the finger of blame is still pointing higher.  We’re nowhere close to being done with this investigation.  We’re just getting started.

But one thing stands out in the testimony above, albeit from this brief and stilted report.  Melson is playing a card from a successful hand post-9/11, i.e., the “federal bureaucracy didn’t work well together” meme.  The right hand didn’t know what the left hand was doing, there wasn’t information sharing, if we had only known more we could have … this, that and the other, on and on, so on and so forth, ad nauseam.

No, and a thousand times no.  The ATF isn’t some international intelligence organization that should be bent on mitigation of terrorist threats.  If it sees itself that way, then the argument for dismantling the ATF has just grown stronger by an order of magnitude.  A decision was made to violate the National Firearms Act and the Arms Export Control Act, and that’s not acceptable regardless of the decision maker(s).  I cannot violate those laws, and so the ATF cannot do it either.  Period.  There is culpability, and it must be followed through to its completion.

To simply assign blame for failure to share information is cheap, and this excuse wore out ten years ago.  Let me issue a warning on behalf of me and my dog to would-be finger pointers concerning Project Gunrunner: That dog won’t hunt.

Prior: Project Gunrunner Category