Eric Holder, BATFE, and other smokescreens

By now, you've seen the news about Project Gunrunner. Its sometimes referred to as Operation Fast and Furious. I don't care what name you wish to give it, but the smokescreen that's gone up in Washington makes Watergate look like a day at the Dairy Queen with the kids.

The crucial part of the illegal exportation of small arms to Mexico is that its not a Justice issue, its not a BATFE issue. Back in 1976, our legislators passed a stiff law, called the Arms Export Control Act. Only 35 years ago! Of course, no law would stand the light of day without regulations to put teeth in the law. The regs are called the ITAR, International Traffic in Arms Regulations. For you legal beagles who think this is just another wild conspiracy theory, the citation is 22CFR120-130, and the specific violation is the illegal export of small arms up to and including .50 caliber. Those arms are identified on the United States Munitions List (part of the regs) as Significant Military Equipment, or SME.

So, where is the smokescreen? Has anyone heard the State Department and the Secretary of State mentioned in any of the reporting? I don't care if you listen to CBS or FOX, or even real news hounds like the Sipsey Street Irregulars. Nobody is talking about Hillary Clinton's State Department. Nobody is talking about the fact that she is an appointed cabinet head, chosen by the President.

You may rightly ask, what does the State Department have to do with rogue agents, or perhaps a well organized group of folks under the direction of (?) The answer is very simple. In order to export SME, you have to have an export license. Very specifically, its called a DSP-5, and would you be horribly surprised to find out that the responsible agency for issuing such export licenses is.......the State Department! There is an office, called the Office of Defense Trade Controls, that is within the State Department, and they issue those export licenses. Before you ask, yes, even the United States Government (with the exception of sending arms to US Forces on US bases in foreign countries) has to have a license. And please, don't respond to this telling me that 22CFR39 absolves the Government. I've been all over that red herring, and all 39 says is that US Government does not have to have a manufacturers license for armament.

There is little doubt that the current administration is hell bent on gun control, but the House of Representatives and 49 states have spoken loudly about our right to keep, and more importantly, bear arms. HR 822 passed last week by a wide margin. Gun control, though, isn't at the heart of this essay, even though its widely held that Fast and Furious was designed to win the hearts and minds of Americans, so that new gun control laws or even executive orders could be passed or issued. 

I'll give credit to Mr. Issa and Mr. Grassley, and Eric Holder is to appear before them again on 8 December. They've pulled in Janet Napolitano, who was highly perturbed at the grilling she got. Her turn in the hot seat was because Border Patrol Agent Terry was murdered with one of the rifles illegally exported, and he worked for her.

I'm just a little curious to know when Mrs. Clinton will be subpoenaed, and asked to explain why State Department has been curiously silent, when after all they have the responsibility to initiate prosecution of violation of ITAR. If you too have similar concerns that the truly guilty will walk away from this unscathed, call your congressman. You can even tell him I sent you. I'm sure he'll send you a letter with some  pointless explanations and definitions, and tell you how he is a great supporter of the Constitution. If you're lucky, he'll be one of about 45 members of the House who sent a letter to the President calling for the resignation of Holder. I suppose that's O.K., but a Presidential pardon before charges are even filed is not without precedent. I'm old enough to remember President Nixon's pardon by President Gerald Ford. 

At the end of the day, I'm hopeful that Eric Holder and Hillary Clinton are criminally charged with violations of the ITAR, conspiracy to commit murder, and other appropriate charges. The President appointed these two individuals, and should be charged with "high crimes and misdemeanors". Impeachment should be a certainty. Yes, I can see it now as all three view the sign that reads "Welcome to the Federal Disciplinary Barracks at Fort Leavonworth, Kansas. No Smoking Please."

Hopefully our elected officials will be smartly reminded that they serve, we are a Nation of laws, and Government isn't made up as you go along.