Zimmerman Back In Court Today

George Zimmerman has his bond hearing today, but at what time? Now!

SANFORD, Fla. — A judge will weigh several factors Friday in deciding whether to set bond for the man who fatally shot unarmed teen Trayvon Martin.

The hearing began at 9:30. So far, all I have heard is a lot of back and forth about the PayPal account.

MUCH LATER: Did Mark O'Mara say he now knows the case well and then attribute the statement of Witness 6 (John) to Witness 9?

Cboldt is covering this at TalkLeft.

YIKE: Prosecutor De la Rionda claims he has a strong case based on the shadow witness.  Witness 2 was never credible, since she admitted she saw basically nothing with her contacts out.

POST GAME: O'Mara is speaking to the press outside and expects a decision in a few days. He explains that the judge was given a lot of evidence to review.

Comments

[GMAX]

First!

[DublinDave]

Could we be going 4 for 4?

[Appalled]

DD --

Holder got held in contempt on a bipartisan vote. I think the best you get is 3 for 4.

Interesting how few posts there are. Guess PPACA is just a little more important.

[DublinDave]

DD --Holder got held in contempt on a bipartisan vote. I think the best you get is 3 for 4.

This week we found out that 'fast n spurious' wasn't even a gun walking programme, but the House still went ahead with holding the first AG in history in criminal contempt.

That pretty much solidified this whole affair as a partisan Witch hunt. The real sad and sick aspect of it came when your leadership,knowing how partisan and crazy you all appeared, tried to give you cover by holding the vote on a day when he thought no one would be watching.

You didn't even have the courage of your convcitions.You huddled in the dark like frightened little children.

Add to that the sloppy involvement by the National rifle association to intentionally provide you with even more cover by threatening to score house democrats on what way they voted.THAT was the nail in the coffin, but you still went ahead and threw monkey poop on a day when the Presidnt of the United states had one of the most significant pieces of legislation in the last 100 years upheld by a Republican court.

Go back to throwing monkey poop and believe me when I say if Zimm goes back to jail it'll be 4 for 4.

[cboldt]

I'm roughly liveblogging this at TalkLeft.

O'Mara is entering evidence in favor of self defense. Not sure where he's going with this, but at least establishes absence of "Proof Evident."

[Clarice]

cboldt, a star at TalkLeft. Who'd have guessed? XOXO

[PaulV]

DD thinks the only good Mexican is a dead Mexican?

[Appalled]

DD:

OK, by your logic, "we" (I guess the vast right-wing conspiracy, of which I am not a member, I don't think) won on Arizona and Health Care, because there have been articles by smart people showing that we won, and any declaration to the contrary are by partisan witch hunt types.

I read the Fortune article you seem to be talking about, and found, neatly layed out, the case the supervisor of the initial whistleblower has no doubt made to multiple people. It's not a case even Holder has bought into -- witness his testimony before Congress. It's worth hearin this point of view -- but it does not give you "victory", and probably does not even give you the "truth".

So what IS happening to Zimmerman?

[AliceH]

Loving cboldt's play by play. Substantive, clear, and just the occasional light-sprinkle of sarc. Sample:

"De la Rionda says that it's possible Zimmerman could have violated his bail conditions, drinking or weapons, and the probation officer would not know this, other than two times his premises were checked. I keep forgetting, which side has the burden of production of evidence?"

*smirk*

[Q]

If de la Rionda just laid out the State's argument for 2nd degree, I sure hope they have some sort of evidence that hasn't been released.

[Narciso]

" blimey, I guess we did expect the Spanish inquisition

[cboldt]

Heh - a star at talkleft. My posts are troll rated on a regular basis. Some real whackjobs over there. Tom runs a nice place here, DD would be shitcanned over at TalkLeft, quicker than he could bitch about it.

[cboldt]

I think de la Rionda laid out everything the state has.

Based on his acting today, he's either a real good actor, or he believes that Zimmerman effectively chased Martin down, caught him, was punched, that Martin was screaming for help, and an angry Zimmerman shot when he could have walked away.

[DublinDave]

*****BOND DENIED****

Good week.

[woo woo]

"Good week."

I'd say great week!
1) Obamacare: worst outcome would have been kill the mandate keep the rest of the law. now people see it is as a tax, even more hate it and it can be repealed through reconciliation with no concern of filibuster. It will also guarantee gop picks up seats in house, get significant senate majority and mitt wins.
2) az can still ask criminals for proof of citizenship. sheriff arapio is full steam ahead.
3) holder guilty of criminal comtempt, subject to arrest and obama admits knowledge of killing u.s. agents and hundreds of mexicans
4) GZ is still alive and skittles the thug is not.
5) Stockton CA files for bankruptcy.

So I am with Dublin, just even more excited!!

[DublinDave]

'Woo woo'....is that your name or the constant sound in your head?

[AliceH]

There is no decision yet re: Zimmerman Bond. DD is wishcasting, not reporting.

[woo woo]

Oh snap, Dub. You gots me good. You win this round.

[Neo]

Rep Issa has posted the details of the wiretap applications

[Porchlight]

All your 5 points are still true, woo woo.

[Ignatz]

--Oh snap, Dub. You gots me good. You win this round.

Posted by: woo woo | June 29, 2012 at 01:19 PM --

Heh.

[Tom Maguire]

At least we can give De la Rionda props for having a consistent theory of the case. Of course, the day is coming when he will need evidence, currently in scant supply.

The 'chase' witness is a joke.

And how Zimmerman managed to catch Martin and then get himself all bloodied without putting a mark on Martin remains a mystery.

[Clarice]

It's a new kind of martial art, TM. Ghost fighting.

[Neo]

In the midst of a fiery floor debate over contempt proceedings for Attorney General Eric Holder, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) quietly dropped a bombshell letter into the Congressional Record.

The May 24 letter to Rep. Elijah Cummings (D-Md.), ranking member on the panel, quotes from and describes in detail a secret wiretap application that has become a point of debate in the GOP’s “Fast and Furious” gun-walking probe.

The wiretap applications are under court seal, and releasing such information to the public would ordinarily be illegal. But Issa appears to be protected by the Speech or Debate Clause in the Constitution, which offers immunity for Congressional speech, especially on a chamber’s floor.

[Danube of Thought]

I think Bob Shrum has a place for DuDa on his staff.

[Ignatz]

So what did the bombshell letter say?

[AliceH]

Matt linked to the bombshell story in the other thread, but it's being killed by traffic from a drudgelink - can't open it.

[Jane]

From Neo's link:

According to the letter, the wiretap applications contained a startling amount of detail about the operation, which would have tipped off anyone who read them closely about what tactics were being used.

Holder and Cummings have both maintained that the wiretap applications did not contain such details and that the applications were reviewed narrowly for probable cause, not for whether any investigatory tactics contained followed Justice Department policy.

The wiretap applications were signed by senior DOJ officials in the department’s criminal division, including Deputy Assistant Attorney General Jason Weinstein, Deputy Assistant Attorney General Kenneth Blanco and another official who is now deceased.

In Fast and Furious, agents for the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed assault guns bought by “straw purchasers” to “walk,” which meant ending surveillance on weapons suspected to be en route to Mexican drug cartels.

The tactic, which was intended to allow agents to track criminal networks by finding the guns at crime scenes, was condemned after two guns that were part of the operation were found at U.S. Border Patrol agent Brian Terry’s murder scene.

Straw purchasers are individuals who buy guns on behalf of criminals, obscuring who is buying the weapons.

While Issa has since said he has obtained a number of wiretap applications, the letter only refers to one, from March 15, 2010. The full application is not included in what Issa entered into the Congressional Record, and names are obscured in Issa’s letter.

In the application, ATF agents included transcripts from a wiretap intercept from a previous Drug Enforcement Administration investigation that demonstrated the suspects were part of a gun-smuggling ring.

“The wiretap affidavit details that agents were well aware that large sums of money were being used to purchase a large number of firearms, many of which were flowing across the border,” the letter says.

The application included details such as how many guns specific suspects had purchased via straw purchasers and how many of those guns had been recovered in Mexico.

It also described how ATF officials watched guns bought by suspected straw purchasers but then ended their surveillance without interdicting the guns.

In at least one instance, the guns were recovered at a police stop at the U.S.-Mexico border the next day.

The application included financial details for four suspected straw purchasers showing they had purchased $373,000 worth of guns in cash but reported almost no income for the previous year, the letter says.

“Although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers. Upon learning these details through its review of this wiretap affidavit, senior Justice Department officials had a duty to stop this operation. Further, failure to do so was a violation of Justice Department policy,” the letter says.

Holder declined to discuss the contents of the applications at a House Judiciary Committee hearing June 7 but said the applications were narrowly reviewed for whether there was probable cause to obtain a wiretap application.

Thousands of wiretap applications are reviewed each year by the DOJ’s criminal division. The applications are designed to obtain approval, so they tend to focus on the most suspicious information available.

A line attorney first creates a summary of the application, which is then usually reviewed by a deputy to Lanny Breuer, the head of the division, on his behalf. It is then reviewed and approved or denied by a judge.

[AliceH]

Drudge linked Weekly Std who link Rollcall.

The letter itself is not linked.

[AliceH]

whoops. I get so used to being explicitly TOLD "LUN", didn't even notice neo had the link the whole time.

[Danube of Thought]

For the benefit of DuDa, Raz shows how Holder is polling these days:

"The Justice Department’s Fast and Furious operation was conceived as a way to catch illegal gun runners but instead put guns in the hands of Mexican drug criminals.  Congress wants to know why and has been battling with Attorney General Eric Holder for more information. A sizable number of voters now think Holder should resign.

"In fact, a new Rasmussen Reports national telephone survey finds that just 27% of Likely U.S. Voters oppose Holder’s resignation. Forty percent (40%) are in favor of the attorney general stepping down, but another 33% are undecided."

[Ignatz]

Thanks for that C&P Jane. Trying to do about three things at once and didn't have time to look it up.

[Ignatz]

Ten minutes to go on my Winchester and I'm the only bidder so far.

[Stephanie]

From the Roll Call article:

Sadly, it looks like Mr. Issa is continuing his string of desperate and unsubstantiated claims, while hiding key information from the very same documents," a Democratic committee staffer said. "His actions demonstrate a lack of concern for the facts, as well as a reckless disregard for our nation’s courts and federal prosecutors who are trying to bring criminals to justice. We’re not going to stoop to his level. Obviously, we are going to honor the court’s seal and the prosecutors’ requests. But if Mr. Issa won’t tell you what he is hiding from the wiretaps, you should ask him why."

I think via the congressional record he just did, didn't he?

[Threadkiller]

I think I found the letter Issa dropped in the record.

" Mr. CUMMINGS. I reserve the balance of my time.

Mr. ISSA. Mr. Speaker, I would inquire of how much time is remaining.

The SPEAKER pro tempore. The gentleman from California has 6 1/2 minutes remaining. The gentleman from Maryland has 1 1/4 minutes remaining.

Mr. ISSA. I thank the Speaker.

I submit the following:

House of Representatives,

COMMITTEE ON OVERSIGHT

AND GOVERNMENT REFORM,

Washington, DC, May 24, 2012. Hon. Elijah E. Cummings, Ranking Member, Committee on Oversight and Government Reform, House of Representatives, Washington, DC.

Dear Ranking Member Cummings: Last February, I joined Senator Grassley in investigating Operation Fast and Furious, the reckless and fundamentally flawed program conducted by the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). As you know, during Fast and Furious, ATF agents let straw purchasers illegally acquire hundreds of firearms and walk away from Phoenix gun stores. The misguided goal of this operation was to allow the U.S.-based associates of a Mexican drug cartel to acquire firearms so they could be traced back to the associates once the firearms were recovered at crime scenes. On December 15, 2010, two guns from the Fast and Furious operation were the only ones found at the scene of U.S. Border Patrol Agent Brian Terry's murder..."

http://thomas.loc.gov/cgi-bin/query/F?r112:2:./temp/~r112kJYGGW:e283095:

http://thomas.loc.gov/cgi-bin/query/F?r112:2:./temp/~r112kJYGGW:e293381:

http://thomas.loc.gov/cgi-bin/query/F?r112:2:./temp/~r112kJYGGW:e304312:

[Ignatz]

Here's the rifle I bought. I'll toss the stock and scope; just bought it for the barreled action.
This is on topic for a Zimmerman and F&F thread right?

[wetmore333]

Big day for the defense. The media is going to find it more difficult to ignore or sneer at Zimmerman's defenses. I thought it a shrewd PR move by O'Mara to volunteer an explanatory "allocution" to the judge, knowing he would decline the offer.

Someone apparently helped Zimmerman select a color scheme that makes him look fashionably "ethnic." No "cracker," he.

[Danube of Thought]

Iggy, I always heard that rifle described as a pre-'64 (not pre-war) Model 70. I inherited one from my father, who had bought it in the Navy Exchange in Yokosuka in 1956.

[Neo]

From the beginning, ATF was transparent about its strategy. An internal ATF briefing paper used in preparation for the OCDETF application process explained as much:

Currently our strategy is to allow the transfer of firearms to continue to take place, albeit at a much slower pace, in order to further the investigation and allow for the identification of co-conspirators who would continue to operate and illegally traffic firearms to Mexican DTOs which are perpetrating armed violence along the Southwest Border.

[Ignatz]

--Iggy, I always heard that rifle described as a pre-'64 (not pre-war) Model 70.--

DoT,
Started out as the Model 54; a variation on the Mauser 98. In the thirties was redesigned as the Model 70 like the one I bought in the first picture above.Was produced until 1941 when war production killed civilian guns. Those are the pre war version.

After the war it was modified somewhat in that the old 'clover leaf' shaped safety which you can see in the pic above was changed to the version still used today with the turned down lever in the pic below. The cloverleaf could occasionally get in the line of sight but I think it looks better.
The other major change was the bolt handle. The stepped bolt handle shoulder which you can see in the picture above was replaced with one that eliminates the square shoulder and the shape of the handle was altered and flattened out a little. And for a few years like in the picture below a lightening hole was drilled in the bottom of the bolt knob.
Post war, pre 64 Model 70:

[Neo]

Now we know the gust of the wiretap applications.

So what could Holder have offered in those few pages (32 ??) that would make him think that Issa would close up shop ?

1) authority to proceed from George W. Bush (that explains the old stuff)
2) authority to proceed from Barack Obama (that explains the contempt charge)
3) authority to proceed from the President of Mexico (now that's scary)

[Jim Eagle]

TK,

All thomas searches are timed out after 30 minutes. So, NADA there. But thanks for doing the work and thinking of us:)

Also, hard to get on TalkLeft for the cboldt live blog results.

[Stephanie]

Now we know the gust of the wiretap applications.

Gust? LOL We know they sure did invoke a lot of hot air from democrats.

[Threadkiller]

House of Representatives,

COMMITTEE ON OVERSIGHT

AND GOVERNMENT REFORM,

Washington, DC, May 24, 2012. Hon. Elijah E. Cummings, Ranking Member, Committee on Oversight and Government Reform, House of Representatives, Washington, DC.

Dear Ranking Member Cummings: Last February, I joined Senator Grassley in investigating Operation Fast and Furious, the reckless and fundamentally flawed program conducted by the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). As you know, during Fast and Furious, ATF agents let straw purchasers illegally acquire hundreds of firearms and walk away from Phoenix gun stores. The misguided goal of this operation was to allow the U.S.-based associates of a Mexican drug cartel to acquire firearms so they could be traced back to the associates once the firearms were recovered at crime scenes. On December 15, 2010, two guns from the Fast and Furious operation were the only ones found at the scene of U.S. Border Patrol Agent Brian Terry's murder.

AN ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (0CDETF) WIRETAP CASE

Operation Fast and Furious got its name when it became an official Department of Justice Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force case. The OCDETF designation resulted in funding for Fast and Furious from the Justice Department's headquarters in Washington, D.C. The Strike Force designation meant that it would not be run by ATF, but would instead create a multi-agency task force led by the U.S. Attorney's Office. The designation also meant that sophisticated law enforcement techniques such as the use of federal wire intercepts, or wiretaps, would be employed. Federal wiretaps are governed by Title III of the Omnibus Crime Control and Safe Streets Act, and are sometimes referred to as ``T-IIIs.''

The use of federal wire intercepts requires a significant amount of case-related information to be sent to senior Department officials for review and approval. All applications for federal wiretaps are authorized under the authority of the Assistant Attorney General for the Criminal Division. In practice, a top deputy for the Assistant Attorney General has final sign-off authority before the application is submitted to a federal judge for approval. This deputy must ensure that the wiretap application meets statutory requirements and Justice Department policy. The approval process includes a certification that the wiretap is necessary because other investigative techniques have been insufficient. Therefore, making such a judgment requires a review of operational tactics. Since gunwalking was an investigative technique utilized in Fast and Furious, then either top deputies in the Criminal Division knew about the tactics employed as part of their effort to establish legal sufficiency for the application, or they approved the wiretap applications in a manner inconsistent with Department policies.

From the beginning, ATF was transparent about its strategy. An internal ATF briefing paper used in preparation for the OCDETF application process explained as much:

Currently our strategy is to allow the transfer of firearms to continue to take place, albeit at a much slower pace, in order to further the investigation and allow for the identification of co-conspirators who would continue to operate and illegally traffic firearms to Mexican DTOs which are perpetrating armed violence along the Southwest Border. * * * * *

The ultimate goal is to secure a Federal T-III audio intercept to identify and prosecute all co-conspirators of the DTO. . . .

Tracking the illegally-purchased guns after they left the premises of Federal Firearms Licensees (FFLs) would allow ATF and federal prosecutors to build a bigger case, one aimed at dismantling what was believed to be a complex firearms trafficking network. The task force failed, however, to track the firearms. Instead, according to the testimony of ATF agents, their supervisors ordered them to break off surveillance shortly after the guns left the gun stores or were transferred to unknown third parties. Many of the firearms purchased were next seen at crime scenes on both sides of the border.

THE FAST AND FURIOUS GUN TRAFFICKING NETWORK WAS NOT COMPLEX

We now know the gun trafficking ring that Fast and Furious was designed to target was relatively straightforward. It involved approximately 40 straw purchasers; a money-man, Manuel Celis-Acosta (Acosta), and; two figures tied to Mexican cartels. Acosta and the cartel figures were the top criminals targeted by ATF and the U.S. Attorney's Office.

On January 19, 2011, 20 suspects were indicted, including Acosta and 19 of his straw buyers. In all, it is believed that the Fast and Furious network purchased approximately 2,000 firearms. An internal ATF document dated March 29, 2011, shows that of the indicted defendants, only a select few purchased the majority of the firearms, and nearly all of the purchases occurred after ATF knew that these defendants were straw purchasers working with Acosta. These four indicted defendants alone illegally purchased nearly 1,300 firearms: Uriel Patina (720), Sean Steward (290), Josh Moore (141), and Alfredo Celis (134).

THE GOALS OF OUR INVESTIGATION

A central aim of our investigation has been to find out why and how such a dangerous

[Page: H4410] GPO's PDF

plan could have been conceived, approved, and implemented. Who in ATF and the Justice Department knew about the volume of guns being purchased? Who approved of the case at various stages as it unfolded? Under whose authority did this occur? Who could have--and should have--stopped it? By closely examining this disastrous program, our Committee hopes to prevent similar reckless operations from using dangerous tactics like gunwalking ever again. Our investigation also aims to determine what legislative actions might be necessary to ensure that such a program will not happen again.

THE DEPARTMENT'S FAILURE TO COMPLY WITH THE COMMITTEE'S SUBPOENAS

Our Committee is still entitled to thousands of documents responsive to our subpoenas. These documents will undoubtedly shed more light on the misguided tactics used in Operation Fast and Furious. If the Justice Department changes course and complies with the Committee's subpoenas, some of these documents will cover the targets of an FBI investigation of the individuals who were the link between the drug cartels and the Fast and Furious firearms trafficking ring. Other documents will chronicle the Department's response to allegations of whistleblowers following Agent Terry's death and how it shifted its position from the outright denial that there was any misconduct to the Department's formal withdrawal of its false statement in December 2011.

Most importantly, as you are well aware, we are still waiting for documents relating to the individuals who approved the tactics employed in Fast and Furious. In his recent letter to me, Deputy Attorney General James Cole asserted that such documents ``will not answer the question'' of what senior officials were in fact notified of the unacceptable tactics used in Fast and Furious. This statement is deeply misleading. We are aware of specific documents that lay bare the fact that senior officials in the Department's Criminal Division who were responsible for approving the applications in support of the Fast and Furious wiretap authorization requests were indeed made aware of these questionable tactics. Cole's letter goes on to state that ``Department leadership was unaware of the inappropriate tactics used in Fast and Furious until allegations about those tactics were made public in early 2011.'' That statement is even more misleading and utterly false. The information provided to senior officials in the affidavits accompanying the wiretaps includes copious details of the reckless investigative techniques involved. Senior department leaders were not only aware of these tactics. They approved them.

WIRETAP APPLICATION OBTAINED BY THE COMMITTEE

The Committee has obtained a copy of a Fast and Furious wiretap application, dated March 15, 2010. The application includes a memorandum dated March 10, 2010, from Assistant Attorney General of the Criminal Division Lanny A. Breuer to Paul M. O'Brien, Director, Office of Enforcement Operations, authorizing the wiretap application on behalf of the Attorney General. The memorandum from Breuer was marked specifically for the attention of Emory Hurley, the lead federal prosecutor for Operation Fast and Furious.

In response to your personal request, I am enclosing a copy of the wiretap application. Please take every precaution to treat it carefully and responsibly. I am hopeful that it will assist you in understanding the information brought to the attention of senior officials in the Criminal Division charged with reviewing the contents of the applications to determine if they were legally sufficient and conformed to Justice Department policy. The information is as vast as it is specific. This wiretap application, signed by Deputy Assistant Attorney General Kenneth Blanco under the authority of his supervisor, Assistant Attorney General Breuer, provides new insight into who knew--or should have known--what and when in Operation Fast and Furious.

To assist you in better understanding the facts, I appreciate the opportunity to provide relevant and necessary context for some of the information in this wiretap application. Due to the sensitivity of the document, individual targets and suspects will be referred to with anonymous designations. You will notice, however, that the individuals referred to in the wiretap application are well-known to our investigation. Although senior Department officials authorized this application on March 15, 2010, a mere four months after the investigation began, it contains a breathtaking amount of detail.

The detailed information about the operational tactics contained in the applications raises new questions about statements of senior Justice Department officials, including the Attorney General himself. Before the Senate Judiciary Committee on November 8, 2011, the Attorney General testified:

I don't think the wiretap applications--I've not seen--I've not seen them. But I don't know--I don't have any information that indicates that those wiretap applications had anything in them that talked about the tactics that have made this such a bone of contention and have legitimately raised the concern of members of Congress, as well as those of us in the Justice Department. I--I'd be surprised if the tactics themselves about gun walking were actually contained in those--in those applications. I have not seen them, but I would be surprise[d] [if that] were the case.

At a hearing before our Committee on February 2, 2012, the Attorney General also denied that any information relating to tactics appeared in the wiretap affidavits. He testified:

I think, first off, there is no indication that Mr. Breuer or my former deputy were aware of the tactics that were employed in this matter until everybody I think became aware of them, which is like January February of last year. The information--I am not at this point aware that any of those tactics were contained in any of the wiretap applications.

Contrary to the Attorney General's statements, the enclosed wiretap affidavit contains clear information that agents were willfully allowing known straw buyers to acquire firearms for drug cartels and failing to interdict them--in some cases even allowing them to walk to Mexico. In particular, the affidavit explicitly describes the most controversial tactic of all: abandoning surveillance of known straw purchasers, resulting in the failure to interdict firearms.

The Justice Department's Office of Enforcement Operations reviews the wiretap applications to ensure that they are both legally sufficient and conform to Justice Department policy. Deputy Attorney General James M. Cole has verified this understanding. In a letter he sent to Congress on January 27, 2012, he stated that the Department's ``lawyers help AUSAs and trial attorneys ensure that their wiretap packages meet statutory requirements and DOJ policies. When Assistant Attorney General Breuer testified last November about the wiretap approval process, however, he stated:

[The role of the reviewers and the role of the deputy in reviewing Title Three applications is only one. It is to insure that there is legal sufficiency to make an application to go up on a wire, and legal sufficiency to petition a federal judge somewhere in the United States that we believe it is a credible request. But we cannot--those now 22 lawyers that I have who review this in Washington--and it used to only be seven--can not and should not replace their judgment, nor can they, with the thousands of prosecutors and agents all over the country. Theirs is a legal analysis; is there a sufficient basis to make this request.

Assistant Attorney General Breuer failed to acknowledge that before a wiretap application can be authorized, it must adhere to Justice Department policy. Yet, the operational tactics included in the enclosed wiretap application--including abandoning surveillance and not interdicting firearms--violate Department policy. According to Deputy Attorney General Cole, operations allowing guns to cross the border do indeed violate Department policy. In an e-mail he sent to southwest border U.S. Attorneys on March 9, 2011, Deputy Attorney General Cole stated, ``I want to reiterate the Department's policy: We should not design or conduct undercover operations which include guns crossing the border.''

The Committee understands the limitations of the Office of Enforcement Operations function. Nevertheless, when presented with alarming details such as those contained in this application, a sensible lawyer--vested with the important responsibility of recommending to the Assistant Attorney General whether a wiretap should be authorized--must raise the alarm. Senior officials reviewing the application for legal sufficiency and/or whether Justice Department policy was followed, however, failed to identify major problems that these manifold facts suggested.

MARCH 2010 WIRETAP APPLICATION STATES THE MAIN SUSPECT HAD INTENT TO ACQUIRE FIREARMS FOR THE PURPOSE OF TRANSPORTING THEM TO MEXICO

According to the wiretap application obtained by the Committee, as early as December 2009, the task force had identified the main suspect in Fast and Furious (Target 1), a figure well-known to our investigation. The affidavit provides transcripts of entire conversations obtained through a prior DEA wire intercept. These conversations demonstrate that key suspects in Operation Fast and Furious were running a firearms trafficking ring. In one conversation that took place on December 11, 2009, Unknown Person 1 asks, ``Can you hold them [firearms] for me there for a little while there?'' Target 1 responds, ``Well it's that I do not want to have them at home, dude, because there is a lot of ..... uh, it's too much heat at my house.'' Unknown Person 1 then asked where he could store the firearms and Target 1 responds, ``[m]ake arrangements with that guy [Straw Purchaser X], call him back and make arrangements with him.'' The affidavit acknowledges that while monitoring the DEA target telephone numbers, law enforcement officers intercepted calls that demonstrated that Target 1 was conspiring to purchase and transport firearms for the purpose of trafficking the firearms from the United States to Mexico.

MARCH 2010 WIRETAP APPLICATION STATES THAT NEARLY 1,000 FIREARMS HAD ALREADY BEEN PURCHASED, AND THAT MANY WERE RECOVERED IN MEXICO

The Probable Cause section of the affidavit shows that ATF was aware that from September 2009 to March 15, 2010, Target I acquired at least 852 firearms valued at approximately $500,000 through straw purchasers. As of March 15, 2010, twenty-one straw purchasers had been identified. Between September 23, 2009, and January 27, 2010, 139 firearms purchased by these straw purchasers were recovered--81 of which were in Mexico. These recoveries occurred one to 49 days after their purchase in Arizona.

MARCH 2010 WIRETAP APPLICATION DESCRIBES HOW SMUGGLERS WERE BRINGING FIREARMS INTO MEXICO

The wiretap affidavit details that agents were well aware that large sums of money were being used to purchase a large number of firearms, many of which were flowing across the border. For example, in the span of one month, Straw Purchaser Z bought 241 firearms from just three cooperating FFL,s. Of those, at least 57 guns were recovered shortly thereafter either in the possession of others or at crime scenes on both sides of the border. The wiretap affidavit even shows that ATF agents knew the tactics the smugglers were using to bring the guns into Mexico.

According to the affidavit: The potential interceptees conspire with each other and others known to illegally traffic firearms to Mexico. The potential interceptees purchase firearms in Arizona and transport them to Mexico or a location in close proximity of the United States/Mexico border. The potential interceptees deliver the firearms to individual(s) both known and unknown who then transport them into Mexico and/or the potential interceptees transport the firearms across the border and deliver them to customers both known and unknown.

The fact that ATF knew that Target 1 had acquired 852 firearms and had the present intent to move them to Mexico should have prompted Department officials to act. Department officials should have ensured that the firearms were interdicted immediately and that law enforcement took steps to disrupt any further straw purchasing and trafficking activities by Target 1. Similarly, by way of example, if Criminal Division attorneys were reviewing a wiretap affidavit that showed that human trafficking was taking place for the purpose of forcing humans into slavery, the attorneys should act to make sure such a practice would not continue. Accordingly, Target l's activities should have provoked an immediate response by the Criminal Division to shut him and his network down.

MARCH 2010 WIRETAP APPLICATION CONTAINS DETAILS OF DROPPED SURVEILLANCE

The wiretap affidavit also describes firearms purchases by individual straw purchasers. For example, Straw Purchaser Y purchased five AK-47 type firearms on December 10, 2009, and surveillance units observed Straw Purchaser Y travel from the FFL where he made the purchase to Target l's residence. The next day, surveillance units observed Straw Purchaser Y purchase an additional 21 AK-47 type firearms, and within an hour, arrive at Target l's home.

On December 8, 2009, agents observed Straw Purchaser Z purchase 20 AK-47 type firearms. While Straw Purchaser Z was making this purchase, Z saw a commercial delivery truck arrive at the gun store with a shipment of an additional 20 AK-47 type firearms. Straw Purchaser Z then told FFL employees that he wanted to purchase those additional firearms. Later that same day, Straw Purchaser Z returned to the FFL to buy them. After Straw Purchaser Z left the FFL with the firearms, Phoenix police officers conducted a vehicle stop on Straw Purchaser Z's vehicle and identified two of the passengers as Straw Purchaser Z and Target 1. The officers observed the firearms in the bed of the truck and asked the subjects about the firearms. Straw Purchaser Z told them he had purchased the firearms and they belonged to him. ATF agents continued surveillance until the vehicle arrived at Target l's residence.

The very next day, nine of these firearms were recovered during a police stop of a third person in Douglas, Arizona, on the U.S.-Mexico border. Five days later, Straw Purchaser Z bought another 43 firearms from an FFL. On December 24, 2009, Straw Purchaser Z bought even more firearms, purchasing 40 AK-47 type rifles from an FFL. All of these rifles were recovered on January 13, 2010, in El Paso, Texas, near the U.S./Mexico border. Although the individual found in possession of all these guns provided the first name of the purchaser, agents did not arrest the individual or the purchaser.

Though the wiretap application states that agents were conducting surveillance of known straw purchasers, none of these weapons were interdicted. No arrests were made.

MARCH 2010 WIRETAP DETAILS HOW FAST AND FURIOUS FIREARMS HAD BEEN FOUND AT CRIME SCENES IN MEXICO

The wiretap affidavit also details the very sort ``time-to-crime'' for many of the firearms purchased during Fast nd Furious. For example, on November 6, 2009, November 12, 2009, and November 14, 2009, Straw Purchaser Y purchased a total of 25 AK-47 type firearms from an FFL in Arizona. On November 20, 2009--just eight days later--Mexican officials recovered 17 of these firearms in Naco, Sonora, Mexico. Another straw purchaser, Straw Purchaser Q, purchased a total of 17 AK-47 type firearms from an FFL on November 3, 2009, November 10, 2009, and November 12, 2009. Then, on December 9, 2009, Mexican officials recovered 11 of these firearms in Mexicali, Baja California, Mexico, along with approximately 421 kilograms of cocaine, 60 kilograms of methamphetamine, 48 additional firearms, 392 ammunition cartridges, $2 million in U.S. currency, and $800,000 in Mexican currency.

Once again, although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers. Upon learning these details through its review of this wiretap affidavit, senior Justice Department officials had a duty to stop this operation. Further, failure to do so was a violation of Justice Department policy.

STRAW PURCHASERS HAD MEAGER FINANCIAL MEANS

The affidavit provides details of the straw purchasers' financial records. As of March 15, 2010, just four straw purchasers had spent $373,206 in cash on firearms. Yet, these same straw purchasers had only minimal earnings in Fiscal Year (FY) 2009. Straw Purchaser Q earned $214 per week, while Straw Purchaser Y earned only $188 per week. Straw Purchaser Z earned $9,456.92 during FY 2009, and Straw Purchaser X did not report any income whatsoever.

Name Money spent on firearms by 3/15/10 FY 2009 income* Straw Purchaser Y $128,580 $9,776 Straw Purchaser Q 64,929 11,128 Straw Purchaser X 39,663 None reported Straw Purchaser Z 140,034 9,456 Total $373,206 *Incomes based on weekly incomes detailed in wiretap application.

These straw purchasers did not have the financial means to spend tens of thousands of dollars each on guns. Yet, ATF allowed them to continue acquiring firearms without approaching them to inquire how they were able to obtain the funds to do so. ATF also failed to alert the FFLs with this information so that they could make more fully informed decisions as to whether to continue selling to these straw purchasers.

CONCLUSION

The wiretap affidavit reveals a remarkable amount of specific information about Operation Fast and Furious. The affidavit reveals that the Justice Department has been misrepresenting important facts to Congress and withholding critical details about Fast and Furious from the Committee for months on end. As the primary investigative arm of Congress, our Committee has a responsibility to demand answers from the Department and continue the investigation until we get all the facts.

Sincerely,

DARRELL ISSA. Chairman.

[Threadkiller]

It seems like a good idea, right up until I hit "post".

Sorry.

[cboldt]

JiB: Persistent link to the Congressional Record page you seek ...

112th Congress, 2nd Session, June 28, 2012, Page H4409

[matt]

it's ok, tk....Holder and Cummings stood up and lied to the people of the United States yesterday.

And Issa had it planned to bust them in the Congressional Record from the get go.

He knew these scumbags would lie through their teeth to Congress and the nation.

What is also lost is that the surveillance cameras in some of the stores involved were never turned on nor the weapons tracked. The investigation led nowhere past the straw buyers.

And according to the LA Times, it was 2,700 weapons, not the 2,000 that gets bandied about. But we can expect Obama and his minions to lie as easily as changing their underwear and often.

[Paula]

If Obama loses this November how will it affect Holder? W/ respect to Holder's contempt of congress charge?

[Jim Eagle]

And according to the LA Times, it was 2,700 weapons, not the 2,000 that gets bandied about.

I think Iggy just bought one online:) Actually, the one he bought was from a Tom and Jerry episode of Pancho Villa.

But reading that Issa CQ letter to Cummings means he has a lot more and this is just a tease: "Do.you.Dems.Really.Want.Me.To.Go.Full.Monty"?

Knowing this clown posse I don't think Holder will resign but stay so that the race card is always available.

[Sara]

Here is the answer to the question on Holder:

Obama spokesman: Holder to continue 'his excellent work' as attorney general

[pagar]

"Holder and Cummings stood up and lied to the people of the United States yesterday. "

Plus a bunch of elected officials stood up and supported them. In addition, a lot more Americans have indicated they don't care how many lies the democrats tell, how much voter fraud they cause, how many Americans or other nationalities die because Democrats lie.

[henry]

O/T now we have unsealed ballot bags in Racine. Plenty of fraud showing up in the Wanggaard recount.

You have to scroll down to get the article, the stupid app prevents linking.

[PaulV]

Henry, link would not open for me. Too many visitors for site?

[Porchlight]

Try this one, PaulV:

http://www.journaltimes.com/news/local/recount-update-gop-questions-integrity-of-unsealed-ballot-bags/article_9410f9f8-c17d-11e1-abca-001a4bcf887a.html?comment_form=true

[matt]

Yep. They all fell for the party line. It didn't even matter to them whether Holder was telling the truth or not because they are all a bunch of lying sacks.

I see this dragging out past the election unless Issa nukes them, and I see a presidential pardon in Holder's future. Can the president issue a preemptive pardon?

I just don't see the Capitol Hill Police or a prosecutor able to compel Holder. This is, actually, a constitutional crisis.

What happens when an AG is held in criminal contempt and he refuses to enforce the law affecting him directly? Do the DC PD have jurisdiction? The Secret Service? ATF?

What is the penalty for criminal contempt of Congress? A strongly worded letter? a Judith Miller? Clown jail?

[Charlie (Colorado)]

This week we found out that 'fast n spurious' wasn't even a gun walking programme,

Yes, you moron. We found out the plan was to wait for the guns to be found at crime scenes. Like murders.

[Charlie (Colorado)]

I think via the congressional record he just did, didn't he?

Don't you hate it when you think the other guy's bluffing and he lays down four aces?

[henry]

Thanks Porchlight. Some day I need to put my house on grid so I'm not stuck on the iPhone. : )

[GMax]

four aces? Duda has been playing 7 card stud without the stud and only six cards and no two match

By the way, Ed Rendell just called Obamacare an "albatross around our necks." LOL

Remember Rhyme of the Ancient Mariner?

[AliceH]

"Rime of the Ancient Mariner".

Also, Albatross!

[matt]

Remember, 27 states opposed Obamacare as does a majority of the population.

I noticed that the mass media has been shouting that the majority approves the Supreme Court decision, which we know is not true.

So if there are mass opt-outs by the states and challenges that it is an unfairly imposed tax, which it is now shown to be, this could get litigated to death Allred-style.Civil disobedience. Mass conversions to Amishism. Turn their own tactics back on them, Alinsky style.

[GMax]

The only reason its only 27 is that a stray Democrat Governor or AG would not join in an about 8-10 other states. Its aint popular, and since there is only one way to get rid of it, since the Democrats wont get out of the way, they are going to get fired, enmasse.

[GMax]

Breaking New poll finds majority dislike Supreme Court decision:

Voters are reacting in broadly negative ways to the Supreme Court’s decision to uphold the legislation known as Obamacare, a new Newsweek/Daily Beast poll finds, with a majority disapproving of the ruling, fearing health-care costs and taxes will rise, and preferring Mitt Romney to President Obama on the issue.

If its Newsweek, it skews to the liberals, so add a bunch to the majority. OH OH SPAGHETTI O! Told ya.

[Sara]

So if there are mass opt-outs by the states and challenges that it is an unfairly imposed tax, which it is now shown to be, this could get litigated to death Allred-style.Civil disobedience. Mass conversions to Amishism. Turn their own tactics back on them, Alinsky style.

Cavuto had a CEO on, sorry came in late so don't have a name, who answered that he intends to do nothing right now. Reasoning was that we'll have a new president soon and with Romney promising to throw this monstrosity out, why bother to implement anything for only a few months. I think some of those governors feel the same way. I got that impression from Jindal and McDonnel and Walker this morning.

[Sara]

To add to GMAX's Newsweek poll, here is Florida:

The first poll conducted after the Supreme Court upheld President Barack Obama’s health care reform law shows bad news for Obama and his fellow Democrats.

Fifty percent of 650 Florida adults polled by SurveyUSA opposed the court’s decision to uphold the law. Only 39 percent supported the decision.

The poll also showed that 51 percent of respondents expect health care costs to rise faster, and 47 percent believe quality will decline because of the decision and the law.

The poll showed that 83 percent of respondents were following the debate.

That 83% is a devastating number for dems, who count on voter ignorance to advance their agendas.

[Danube of Thought]

"Can the president issue a preemptive pardon?"

Yes. Ford pardoned Nixon before Nixon had been charged with any crime, among other instances.

[GMax]

Its a poll of Adults, not even asking "are you registered to vote?" Not to mention, not asking did you vote in the last election?

In other words, that is as good as it can get for the Dumbocrats. It will be a hell of a lot worse at the ballot box, and the election is now nationalized. Democrats must go everywhere that majorities want to get rid of Zerocare.

[Stephanie]

Deal in Jawja is a no go on implementation. Now if we can just get rse to put a bug in his ear about those ed mandates and epa mandates...

[Jane]

Apparently Charlie Rangel's primary win is no longer certain. I don't think I dreamed that.

[Sara]

I grabbed this as a Share from a FB friend:

[Porchlight]

That 83% is a devastating number for dems, who count on voter ignorance to advance their agendas.

Very true Sara.

No problem henry, I myself am iPhone/Pad ignorant, so it's just as easy to grab a URL the old way.

[Porchlight]

Also I hate when people (including me) say "no problem" instead of "you're welcome." Sorry about that! You are welcome. ;)

[Frau Fragezeichen]

"Strange Sound Reported in San Diego
Residents from Chula Vista to Oceanside reported a large rumble around 12:45 p.m. Friday."

TK, anything you want to tell us? We know DoT is taking it easy.

[Sara]

Wow, the kids who taunted the bus monitor had the book thrown at them. Suspended from school for an entire year, no bus privileges, and 50 hours of community service.

Plus the fund started for the bus monitor now has over $660,000 in it.

[Sara]

On that Newsweek poll, Ace breaks it out. Do these figures make sense?

Who should run Congress? Republicans 38% Democrats 36%

President?
Obama 47%
Romney 44%

Do you think Barack Obama has done his job well enough to deserve re-election, or is it time to replace him with somebody else?
He has 42%
Time to replace 48%

[Minimalist Poster]

and my favorite Albatross:

http://www.youtube.com/watch?v=dAefTj7GXwQ

[Stephanie]

Sara.. it's the American Idol?Justin Bieber Presidency. "I don't think he sings well but all those hip hop artists are clamoring to sing with him so I must be wrong." NO mention that hip hop itself sux so their liking him :shrugs shoulders:

[Sara]

MP: Just beautiful, thanks for reminding me of this great Fleetwood Mac recording.

[Sara]

Stephanie: Justin Beiber can sing, who knew? Just kidding, I knew, but I've never heard him, so have no idea if he is any good.

He was named the other night on Red Eye as this generation's heart throb, joining the ranks of the likes of Donny Osmond and Sean Cassidy, etc.

Now in my generation, the TV heart throb was Ricky Nelson. I just knew when he was singing on the Ozzie & Harriet show and he looked directly into the camera with his gorgeous bedroom eyes, that he was singing just to me. At 11-13, I don't think I cared much if he was any good.

[pagar]

O/T but an Armed Neighborhood watch might have prevented this.

http://chicago.cbslocal.com/2012/06/29/ministers-urge-people-to-turn-in-gunman-who-killed-girl-7/

Preventing decent people from having weapons encourages this terror.

[Stephanie]

I don't think I cared much if he was any good.

Exactly and the electorate doesn't care the same way about Obama...

[Sara]

Stephanie: So do we have a consensus that Obama supporters have the maturity of an 11-13 year old? ;)

[Jane]

Boy I'm smart. I'm watching my TV show and yesterday morning I predicted that Roberts would cross over to write the majority decision even if it meant keeping the mandate.

Little did I know...

[Stephanie]

Yep. And the wisdom.

[matt]

according to Gallup and Yahoo News, Americans are evenly divided on the decision.

We're going to have to work hard to counter the agitprop.

[centralcal]

matt: I posted on the other thread about a siren that is being sounded that may (and I truly mean "may") undercut the agitprop for many, but alas, not all.

[Narciso]

No they only polled the stupid, matt, so Cole who was agnostic on AQ on some ways, authorized these Airedale I know surprise. I'm still Angry at Roberts's unprincipled action: however taking the hint, i see how it can become a weapon on our arsenal

[Danube of Thought]

Frau, I felt that shock quite alarmingly early this afternoon. People from Chula Vista to Oceanside have reported it.

First thing I saw on Drudge said the seismologists reported seeing nothing on their squiggle meters, leading me to wonder WTF. My sense of it at the time was that it didn't feel exactly like an earthquake, so WTF even moreso.

Some weird wvent out over the Pacific Missile Range?

[centralcal]

How weird, DoT and Frau.

Heard on the radio this AM as I was driving to work, that Nat Geo is having some show about Fresno and UFO's tonight (7 pm est and 10 pm est). The fellow being interviewed sounded like a twerp but he kept mentioning "military" in all of his comments.

[Threadkiller]

I did not hear anything today. This isn't the first time this year.

http://www.thetruthbehindthescenes.org/2012/04/15/nbc-mystery-boom-felt-and-heard-in-san-diego-radar-anomaly-military-chaff-april-13-2012/

[Threadkiller]

It's own Wiki?!?

http://en.m.wikipedia.org/wiki/Unexplained_boom#section_1

[Threadkiller]

It's=its

[Sara]

TK: You got the It's right the first time, it is "own" that is the problem. LOL.

[Narciso]

That should be wire taps, Cole previously represented prince naïf of the al Nara aim foundation, was an overseer of aig before the justify, opposed military commissions, so he was a perfect fit at doj

[Ann]

Wow, I just got on because we had hugh storms in our area all afternoon. Two barns were burned down from lighting.

The first comment I read is CC!
So now we have UFO's?? That would explain Justice Robert's unbelievable decision. (Nothing else does)

What's going on?

[Threadkiller]

Was thinking "own" as in "its very own wiki page".

[centralcal]

Wow, Ann! Two barns burned from lightening? Has the storm passed now? Drudge has a blazing headline that it is 118 degrees in Kansas! Glowbull warming is upon us? Or not?

[Ignatz]

--Glowbull warming is upon us? Or not?-

Blistering high of 81 today in sunny northern CA.

[centralcal]

No kidding, Iggy. We are a very mild and slightly breezy 93 degrees - which is moderate by semi-arid desert central valley standards for late June.

[AliceH]

Temp plummeted 13 degrees in the last hour - now down to 91 here in MO.