Saturday, January 8, 2011

Mindful of T.L. Davis' piece below, a reader asked for this re-post of “Choose this day whom you will serve.”

Originally posted 17 February 2010.



“Choose this day whom you will serve.”: An Open Letter to American Law Enforcement.

Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity. -- William Butler Yeats, “The Second Coming.”



Gentlemen and ladies of American Law Enforcement,

There is a growing perception among many Americans that we are headed for one of those periodic moments in our history when our reactions to events will redefine who we are as a people, where we are going as a country and who gets to call the shots when we get there -- what George H.W. Bush called “that vision thing.” This is happening in the middle of unprecedented external and internal stresses on our social order, the results of which you see daily on the streets.

It is going to get worse.

Odds are, it is going to get MUCH worse before it gets better.

IF it gets better any time soon, which I doubt.

And so, ladies and gentlemen of American law enforcement, the prudent among you should be considering this question now, rather than later: “What am I going to do when we get to ‘much worse’?”

Consider first where we are.

The Justice Department's National Gang Intelligence Center estimated last year that there were over a million hard-core gang members in this country who were responsible for over 80% of the crimes in many communities. Other experts have suggested that when you add in the gangs’ “extended families” and wannabes the number is closer to between five and ten million. As unemployment has increased, their numbers have likewise swelled.

But the gangs, as bad as they are and as great a threat as they pose to public order, are nothing compared to the larger problem, and that is this.

Respect for duly constituted authority and social trust are essential ingredients of civilization. These elements represent the basic glue of society.

Respect for duly constituted authority is, as every cop knows, at an all-time low. There are two general reasons for this, one systemic and the other so personal that if you look yourselves honestly in the mirror you can see it.

Systemically, “duly constituted authority” derives its legitimacy from the founding documents of our country, the Declaration of Independence, the Constitution and from the Founders’ concepts of the rule of law. These have all been under attack for a hundred years or more by both corrupt political parties and their union and business familiars. The Constitution has become for some a joke and for others an inconvenient speed bump on the road to tyranny. As long as this degradation of the legitimacy of our political and legal system was perceived by only a narrow portion of the population, it was manageable in a societal sense. This is no longer true.

When a president and Congress robs one set of people to enrich their cronies, when they violate the settled rule of law regarding bankruptcy to stiff secured creditors in the case of General Motors while rewarding self-anointed unsecured creditors -- their political allies, the auto unions -- the rest of the population cannot fail but conclude that we are no longer under the rule of law, but the rule of men, which is to say, the law of the jungle. Or, put another way, they -- the “authorities” -- can do anything that the citizenry can’t or won’t stop them from doing. This is the societal Catch 22 we are now in (and have been for a while) that I call “Waco Rules.”

Other cases such as that of David Olofson, a veteran and marksmanship instructor and family man who was railroaded by the ATF on an automatic weapons charge when his semi-automatic AR-15 malfunctioned (and he was chosen for prosecution simply because the ATF did not care for his low opinion of them), have convinced many that a fair trial is no longer possible in federal court if an agency decides to “deal with” them. And if we are no longer guaranteed a fair trial in the federal court system, then if we are innocent and decide that we do not wish to play drop the soap with either the Aryan or Muslim Brotherhoods, our only guarantee is the right of an unfair gunfight when the ATF comes calling.

And remember that Olofson is merely one example of federal misadventure. There are many others, as there are plenty of similar cases in local and state jurisdictions. When the law-abiding rightfully no longer trust the law enforcers and begin to view them as a class of criminals merely acting under color of law, anarchy is not far away.

Yet, you will say, “don’t blame me, I enforce the law, I don’t make it.” True, but insufficient as an excuse, and here we get down to that look in the mirror.

My friend, fellow gun rights blogger and National Examiner columnist David Codrea over at WaronGuns has a description for feral cops. He calls them the “Only Ones.” His daily blog is filled to overflowing with example of rogue cops, their partners who never rein them in and the prosecutors and judges who find reasons to go easy on even the most heinous of criminals with badges. You know who I’m talking about. If you say there are none of these currently operating or in the making within your department then you are either lying or uninterested in seeing the truth, which amounts to the same thing.

Everyone knows what happens to honest cops who “rat out” their uniformed criminal associates. They are hounded, despised, disciplined and shunned -- and that’s on a good day. Can you blame many of us who pay attention to such law enforcement corruption for concluding that you may merely be a member of an “official gang” as opposed to a freelance one? Such dereliction of duty begs the question: If your excuse is that you don’t make the law, you just enforce it, and then you don’t enforce it upon yourselves, why should we be paying tax dollars to support “official” law breaking?

There is another image that many of you can see in the mirror if you choose to take an honest look -- that of tax collector and nanny state bully boy. Yes, we know, you didn’t make the laws, some liberal puke with a control fetish did. But when you write speeding tickets for 3 miles over the limit because you’ve been told to write “x amount” of dollar value, or when you pull people over for “seatbelt violations” at random roadblocks and then ransack their cars without probable cause, can you understand how such behavior eats away like acid on your reputation -- individually and collectively -- as servants of the citizenry? What part of “to protect and serve” does that represent?

But worse than all that is the militarization of the police -- in equipment, tactics and, worst of all, attitude -- and the federalization of all law enforcement over the past forty years, but especially in the last ten. There were, last time I checked a few years ago, something like 750,000 full time state, city, university and college, metropolitan and non-metropolitan county, and other law enforcement officers in the United States. Add to that another 150,000 or so full time law enforcement personnel working for the federal government. With the growth of new agencies like the TSA during the “war on terror” (who, because of political correctness can’t seem to figure out who the real “terrorists” are so they merely oppress the rest of us in order to be “fair”) that number has certainly risen.

In any case, there are hardly enough Feds to work the administration’s will upon a nation so vast and a people so numerous, so, much thought and effort has gone into suborning and subverting local and state law enforcement for federal purposes -- “Joint Task Forces” and “fusion centers” being two principal ways. Yet, as the Founders quite clearly understood, it is one of the duties of local law enforcement, especially the county sheriffs, to interpose themselves between the federal government and the people of their jurisdictions when the federal government becomes oppressive.

Now, however, local law enforcement is looked upon by federal agents as force multipliers and willing stooges -- “local yokels” in their parlance. And as a mark of how successful their campaign has been, many local law enforcement officers agree and happily lick the boots that kick them.

A recent case in point. Two county sheriff’s deputies showed up at the doorstep of a man out west who had expressed his contempt for Nancy Pelosi and and other federal politicians in letters and emails. These deputies, saying that the FBI had sent them, interrogated the man, threatened him “with Leavenworth” and engaged in intimidation of political speech. These local cops, having no jurisdiction to do anything of the sort, would have been laughed off of my porch here in Alabama and told to bugger off and return with real federal cops, if that was in fact their intention. Too often these days, when the federal man says “frog” many of you merely ask “how high?”

Of course, if this intimidation had back-fired on the locals in any way, the Fibbies would have been the first to disavow them, leaving them hanging out in the legal laundry to dry. So when y’all are looking in that mirror, ask yourselves how truly stupid you actually are when it comes to enforcing an agenda and not the law just because the Feds ask you to.

Because here’s the essential thing: you, ALL OF YOU, took an oath to, among other things, “preserve, protect and defend the Constitution of the United States against all enemies, foreign and domestic.” You swore that, the overwhelming majority of you, to God. Did you think that oath had a shelf life? Do you think that now that you have by your reckoning faithfully upheld that oath for, say, twenty years now that tomorrow it is okay to forget it? You swore, whether you realized it at the time or not, an OATH, before GOD, and it was a LIFETIME oath.

While you are looking in the mirror, evaluate your career based upon that oath. It was not to a man, or an administration, or a political party but to an idea -- the idea of ordered liberty as codified in the Constitution of the United States of America. So ask yourself, did you or did you not intend to faithfully uphold that oath? Because the answer to that question is going to become very important very quickly as this politically divided and morally fractured society continues to spin out of control.

To quote Joshua, “Choose this day whom you will serve.”

Katrina showed us many things. It showed that in a disaster many cops will look to their families and not the public duty, leaving their fellow law enforcement officers with an even greater burden. It showed us that cops can be opportunistic criminals as well, partaking in looting with as much energy as professional criminals. It also showed us that the police no longer trust the law-abiding citizen with arms, depriving them of their only means of self-defense once the cops have moved on, thus leaving them to the tender mercies of robbers, rapists and murderers.

It is perhaps dangerous to make too large of a generalization, for there are many rural jurisdictions where this does not apply, but the fact of the matter is that by and large, the police no longer trust the people they are supposed to protect, and they especially do not trust an armed citizen, even if he represents no danger to the cop. This is standing the oath on its head. The people do not exist to serve the servant, but rather the other way around.

When a policeman pulls over a driver whose computer record shows not only the driver’s license of the vehicle’s owner, but the fact that they have a concealed carry permit, it is too often SOP for the cop to approach the vehicle, gun drawn, order the man or woman from the car, put them on their knees and cuff them before anything else transpires. These are not the acts of public servants but rather of an occupying army. And with each breach of trust, the glue holding society together is further weakened. For the more you distrust us, the more we are reminded to distrust you.

It is important to remember, Mr. and Ms. Law Enforcement Officer, that you need us, the law-abiding armed citizenry, one hell of a lot more than we need you. Just ask any criminal. Who is it that they fear most? The encounter with a policeman or a would-be victim who turns out to be armed? I tell you this uncomfortable truth and I hope you have the honesty to admit it -- the criminals of this country are far more scared of the armed citizenry than they are of the police.

It is not the fear of the patrol car that inhibits criminal behavior the most, but rather the prospect of screwing up and getting his brains blown out by a citizen in righteous self defense. And so, when you participate in citizen disarmament efforts, whether gun seizures like Katrina, or merely identifying otherwise friendly peaceable folks as “the enemy” just because they are armed, you are alienating your most valuable friends and empowering your most vicious enemies. Not to mention the fact that you are violating that sacred oath you took.

So ponder that deteriorating social trust that holds civilizations together, and then ponder this: the worst is yet to come.

What will happen when we are faced, God forbid, with some dislocating national disaster -- natural or man-made -- that makes Katrina look like a kindergarten playground? Now, even if you intend to run off like some New Orleans policemen did, to see to the safety of their families rather than keep order in the city, you are still going to need the cooperation of the armed citizenry in your home neighborhood to protect your family.

You -- ALL of you -- law enforcement officers, will then need us, the armed citizenry -- ALL of us willing and competent to muster -- to defend public order against the tide of chaos represented by five or ten million gang members and the tens of millions of panicked unprepared refugees or opportunistic criminals left unrestrained by a breakdown.

Do you seriously think that federal police, all 150,000 of them, will actually help you in that event, beyond issuing orders that they will not be personally endangered with carrying out?

You will then be on your own, and you will have us. At least those of you will who have the sense to plan now to make that happen in the event.

You might start by remembering your oaths, by beginning to trust us, by refusing to engage in petty harrassments of CCW permit holders and by strengthening your department’s auxiliary program (or starting one if you do not have one).

But first and foremost you must quit looking at and treating the law-abiding armed citizenry of the United States as the enemy. For if you don’t, we certainly will be.

Convince us by your actions that you are no better than the gangs who commit crimes without uniforms and we will treat you similarly. And there ain’t nearly enough of you to shove us around in a real national emergency.

Remember, Americans are nothing if not a practical people. We're predisposed to help and support you. Please, take our hand when it is offered, BEFORE it is needed.

Sincerely,

Mike Vanderboegh
The alleged leader of a merry band of Three Percenters
GeorgeMason1776@aol.com
sipseystreetirregulars.blogspot.com
PO Box 926
Pinson, AL 35126

Of Oaths and Loyalties

T.L. Davis' latest.

There is a moment to decide where one stands, behind the barricades of totalitarianism, or in front of the citizens one is sworn to protect. There is an oath and it doesn't mean much to people today. It means nothing to more than half of the civilian government. They are just words they hide behind when they commit their crimes against the people and the only thing that allows them to do it is the cowardice of the law enforcement personnel who tolerate it.

The Universal Soldier in Attrition Warfare.

Looking for something to help me polish a hazy fact on Absolved this morning, I came across these one after another and I was struck by their commonality.

Aussies at aid station, World War I


"Marines Call It That 2,000 Yard Stare," by Tom Lea, Marine on Peleliu, 1944

Marine after Eniwetok, 1944.

Korean War Memorial


Marine, Con Thien, RVN, 1967.



"The Marlboro Man," Marine at Fallujah, Iraq.

A moment to say "bless you."

Ever since David Codrea's appeal for dollar-a-month voluntary subscriptions to Sipsey Street the response has been humbling, chastening and emotionally overwhelming. It has also allowed me to get caught up on medicine and medical treatment (the wound doc put my foot back in a boot on Thursday, and I go to see both my primary care physician and heart doc next week) and keep the lights on. Some folks sent far more than a dollar-a-month. Some sent mementos that struck at my heart and pumped up my spirits.

How do you properly thank somebody -- a whole lot of somebodies -- for something like that?

The only thing I know to do is keep on doing what I'm doing because you folks believe in me and the cause I fight for. I will. May God bless and keep you all safe in the days ahead.

I am saving each and every letter and will respond personally to those when I have a chance.

God bless you all.

Mike
III

Friday, January 7, 2011

This just in on the Mexican end of what David Codrea has called "Project Gunwalker."

Just received this in over the electronic transom:

(REDACTED) former attache to Mexico is an honest and honorable guy. He was forcefully removed from Mexico w o warning in Nov in large part because he wouldn't sit silent on these matters. He will tell the truth if asked by competent authority. He retired Dec 31 because of all this.


OK, Senators and Congressmen. If you want to have a name to pursue in your investigation(s) you have only to contact me.

White House now in decision making loop on ATF "Walking Gun-gate" scandal. The ghost of Vince Foster to walk the corridors of the fifth floor?



A long-time friend of mine who I had not heard from in a long while got a hold of me this morning out of the blue. Let's call him "Deep Throat." He lives across the river from the District of Criminals and has, shall we say, considerable ground-level experience in explaining American foreign policy to the violent and wayward across the planet.

He informs me that his sources tell him that the White House is now fully briefed on the "Walking Gun-gate" scandal and is now calling the shots. "They are in desperate need of a cover-up, but aren't competent enough to arrange one," he said with a laugh. "They don't know whether to shit or go blind."

Senators' offices are asking questions (I'm working on a generic briefing paper for one right now), with staffers seeking out sources, trying to corroborate stories here at Sipsey Street and at David Codrea's War on Guns and Examiner column. Three (at least) major outlet news reporters are seeking out ATF agents to go on deep background on the story of the "walking guns" and the death of BP officer Brian A. Terry.

Among the things we know:

1. ATF’s Phoenix office allowed the guns to go across the border.

2. The ATF office in Mexico was denied permission to share this information with their Mexican counterparts. Believing this was wrong, they went over the heads of the Phoenix office and requested permission directly from headquarters in DC.

3. The higher-ups sided with the Phoenix decision to withhold the information from Mexican authorities.


As David asks: "That would make this an international law enforcement incident, would it not?"

Yes it does, and that is reported to be part of the White House dilemma.

In terms of proof that one of ATF "walking guns" was used to murder Brian Terry, it can be simply answered under oath by settling two questions:

1. What does ATF trace data show?

2. Were any prior traces ever run on this particular firearm, and what did they show?


Prediction from "Deep Throat": Eric Holder is finished as AG. My likely candidate for his replacement? The premier Clintonista cover-up queen, Jamie S. Gorelick.

Also, a warning from DT: Those agents of the ATF who have first-hand knowledge of this scandal are in, to quote him directly, "'suicide' territory." This category would include some guilty personages on the fifth floor of the "Concrete Asshole of the Universe." I would like to take this moment to remind the DOJ-gers who are recently signing on to Sipsey Street Irregulars in record numbers of this recent post: A message that Eric Holder understands perfectly well: No more free William Colbys. Not to put too fine a point on it, but the Doctrine of One Hundred Heads still applies to deadly tyrannical acts and extends to protecting the lives of honest whistle blowers.

The CleanUpATF.org website continued to hacked overnight with posts offensive to the ATF removed by a person (or persons) unknown. This amounts to mere petty harassment that only confirms the ATF, DOJ and White House desperation. This demotivational poster pretty much sums up their present position:



I just can't wait for the hearings.

Mike
III

Thursday, January 6, 2011

I've never seen a federal agency commit suicide on national television before. This should be good.

Traver renominated as ATF kamikaze pilot in chief.

David's latest on Walking Gun-gate:

More information on ATF ‘walking’ guns across Mexican border.

Radiating power: Prediction on who might replace Big Sis at DHS.

"What happens to these guns? They’re melted down, and they’re turned into coat hangers. So, it’s sort of like turning swords into plowshares. And we hope to do a lot more of that.” -- NYPD Commissioner Ray Kelly.



Talking with a good friend last night, we agreed that the evil dwarf Janet the Second, aka "Big Sis," would likely shortly be replaced at DHS for serial incompetence. "Who do you think will replace her?" he asked.

My money is on this guy, if he wants the job:



Meet Ray Kelly.

The long-serving NYPD commissioner is autocratic, dismissive of civil-liberties concerns—and effective. Is that a reasonable trade-off . . .? -- "Boss Kelly" by Geoffrey Gray, New York Magazine, 16 May 2010.


If I'm right, we're in for a rough ride because Ray Kelly is no ex-chicken farmer like Heinrich Himmler. Ray Kelly would be a COMPETENT national political policeman.

More from Geoffrey Gray's story:

Kelly’s management creed is to control everything he can control. After 9/11, Kelly’s posture was that security was something an NYPD commissioner couldn’t delegate to others. Inside the massive Police Department, he’s fashioned a counterterrorism force staffed by former CIA officers, FBI agents, and Ivy Leaguers that has, essentially, its own foreign policy as well as informants throughout the city. He’s developed a whole new suite of tactics not only to make the city safer but also—almost as important—to make it feel safer. And part of the strategy is keeping himself in the frame: He is the department, and the department is him. “As a result of his success and longevity, Ray Kelly has become to the NYPD what J. Edgar Hoover was to the FBI,” says Michael Palladino, head of the detectives union.

Though the Feds sometimes complain about Kelly’s detectives’ stepping into their long-term cases and his poaching of headlines, they’ve acknowledged him as a partner in counterterrorism work. On the domestic front, he’s proved to be an administrative magician. With dwindling resources and thousands fewer cops on the streets, the number of reported crimes has continued to dwindle. Despite this year’s dramatic rise in shootings (one of the highest numbers since Bloomberg took office) and uptick in murders (the only crime stat that’s hard to fudge), the homicide rate in New York is still near its lowest in history, give or take a few dozen DOAs. Criminologists say many factors contribute to this, but Kelly has been happy to give the NYPD the credit.

These days, despite the occasional scandal . . . Kelly’s biggest problem can be his own success and the burden of high expectations. No one expected the crime numbers to continue going down throughout his tenure, yet until the past six months they did. The commissioner is famously sensitive to criticism . . . so the recent spikes in crime are unsettling for Kelly. What else can he do to drive the numbers down further?

If he were a politician, a role he’s sometimes flirted with, Kelly would be the most popular one in the city. Earlier this year, he received a 70 percent approval rating, matching his highest ever (and nine points higher than Bloomberg’s). Mitchell Moss, an NYU public-policy professor, has said the commissioner “radiates power.” Thomas Reppetto, the author of NYPD: A City and Its Police, calls Kelly “the greatest police commissioner in the history of the city. He invented the playbook on terrorism from scratch.”

Not everyone buys into this heroic picture. Donna Lieberman, head of the New York Civil Liberties Union, calls Kelly a “master of PR” and his policies “hyperaggressive.” Under Kelly, the NYPD “has taken on the aura of an occupying force.”

Conga lines of patrol cars flash sirens and barrel down streets, the kind of maximum-visibility, flood-the-zone feint that’s a signature of Kelly’s department. Cops sit high above the street in watchtowers. And more New Yorkers are getting stopped, questioned, frisked, and put into a database. People like Lieberman are mind-boggled that city leaders would allow a commissioner like Kelly to collect information on hundreds of thousands of New Yorkers . . . Kelly won’t apologize for his tactics. With his military bearing and unforgiving attitude, he’s an odd fit for such a progressive city. But his resilient popularity is a testament to the times he lives in and the dynamics of modern fear. “Even liberals don’t like to be blown up,” says Hank Sheinkopf, who advised Bloomberg in 2009. “Kelly is the guy who seems to know how to protect people from getting blown up. The issue is not whether he knows or doesn’t know. It’s the perception he knows. He has made it believable that he is all that is standing between the citizens of New York and destruction.”


Ray Kelly is as anti-firearm as they come, making him a happy partner with Mayor Bloomberg. But the bloom is starting to fade off Kelly's New York rose. Crime is up, he's having frictions with Bloomberg over looming budget cuts -- it may be just the right time for a step aqway from the Big Apple. He's done it before during the Clinton Administration:

Kelly served as Director of the International Police Monitors of the Multinational Force in Haiti from October 1994 through March 1995. This U.S.-led force was responsible for ending human rights abuses and establishing an interim police force there. . . . From 1996 to 1998, Kelly was Under Secretary for Enforcement at the United States Department of the Treasury. At that post he supervised the Department's enforcement bureaus, including the Customs Service, the Secret Service and the Bureau of Alcohol, Tobacco and Firearms, the Federal Law Enforcement Training Center, the Financial Crimes Enforcement Network, and the Office of Foreign Assets Control. . . Kelly served on the executive committee and was elected Vice President for the Americas of Interpol from 1996 to 2000. . . From 1998 to 2001, Kelly served as the Commissioner of the U.S. Customs Service, where he managed the agency's 20,000 employees and $20 billion annual budget. . . Kelly was Senior Managing Director for Corporate Security at Bear Stearns from 2000 to 2001. -- Wikipedia.


Gray reports that Kelly secured his Clintonian bona fides which led to these jobs by being a most useful tool:

After three decades at the NYPD, Kelly’s next job—not reported on in his official biography—was in the private sector. Seven months after leaving One Police Plaza, Kelly became the New York president of Investigative Group International, Inc., a P.I. firm that has been referred to as “Bill Clinton’s private CIA” and that Dinkins had hired to prepare the opposition research on Giuliani.


Kelly is a rock star in his own right and can think outside the box, especially when it comes to expanding his own power. Again, Gray:

He’s now a permanent fixture on the red-carpet circuit, cavorting with cigar chompers like Ron Perelman, starlets like Jennifer Lopez. He recently recruited Bloomberg’s old crush Sharon Stone to appear at a benefit for the New York City Police Foundation, a nonprofit that funds many of Kelly’s projects.

The foundation has also helped Kelly revamp his and the NYPD’s image. In 2007, the foundation hired HL Group, a marketing company that promises to “increase brand equity” and “furthers client presence at an exponential rate within respective circles.” The foundation put HL Group on an $8,500-a-month retainer, according to a foundation source. While it has been blurry which brand HL is boosting—the police commissioner’s or that of the foundation that pays the bills—Kelly has proved to be an able rainmaker in the black-tie crowd.

The foundation also funds what some might consider Kelly’s own CIA. The city charter forbids cops on the NYPD payroll to work in other law-enforcement jurisdictions, so when he returned to headquarters, Kelly started the International Liaison Program, where NYPD detectives are sent to Tel Aviv, Amman, London, Lyon, Madrid, Paris, Montreal, Singapore, Santo Domingo, Abu Dhabi, and Toronto. The mission is for the NYPD to develop its own relationships with foreign intelligence officers and report back to the NYPD’s Intelligence Division, which is run by David Cohen, a former CIA official who is so secretive he refused to give out his age when asked (“between 28 and 70”). The arrangement has tweaked the NYPD’s counterparts in the FBI, who have their own agents deployed overseas.


The FBI would cringe if Kelly were given the DHS post and Eric Holder despises him for successfully fighting to keep the KSM trial circus out of New York. But if what I think is about to happen -- the entire retooling of American federal law enforcement into an MI-5 style national police agency which would attempt to control ALL American LEOs, state, county and municipal-- actually does happen, then Eric Holder is toast as well right along with Big Sis.

Gray speculated early last year:

There’s no obvious avenue open for Kelly. The federal post of Homeland Security director is filled. Same with the CIA. The post of FBI director will open up next year, but the appointment is for ten years, and Kelly is already past retirement age. But why would Kelly want to move to Washington and deal with agencies so big he couldn’t control them? He’s custom-fitted his NYPD to do some of the same work as all three. Plus, running the department with a Marine’s efficiency, he’s treated like a general.


That may be about to change. Personally I prefer the devil I know to the devil I don't, so the cannibalization of the ATF and all other federal law enforcement agencies with the probable exception of FBI and DEA does not make me feel all warm and fuzzy.

But if things are about to change, Ray Kelly is just the guy to do it and he will be the most ferociously competent and fierce national political policeman ever seen.

Keep your powder dry.

Mike
III

Wednesday, January 5, 2011

Debbie Schlussel reveals DHS's American Gestapo plan. Now we know what they're going to do with all the out-of-work ATF agents.

"If fascism ever comes to America, it will come wrapped in an American flag." -- Huey P. Long.




"DHS VIDEO: Obama Says Good-Bye, Immigration & Customs Enforcement; Hello . . . 'HSI?'”

But beyond that, the video makes clear that Janet Napolitano has created for herself a new national police organization with no clear mission and definitely no clear limits. Much of what ICE already does–and what this new HSI will focus on–is duplicative of efforts already performed by other law enforcement agencies, including stopping child porn and thuggish gangs. Unless the gangs have foreign origins, like MS-13, local police can handle it. But this is the plan: HSI has no “customs” or “immigration” in the title and it can minimize its efforts in enforcing the laws in those areas and concentrate on other, more “sexy” areas. Lucky us. The video makes clear that HSI’s new position is not that there are “illegal aliens” or “illegal immigrants,” but, rather, the more politically correct “illegal movement of people and goods.” Huh?


David Codrea's latest on "Walking Gun-gate"


"ATF source confirms ‘walking’ guns to Mexico to ‘pad’ statistics."

"Pure fact verified." The ATF scandal that's going to guarantee oversight hearings.


Chief Counsel's Office career prospects will be fluttering to earth as nuclear ash.

CORRECTION: The language of the original paragraph below said this: "the Phoenix SAC and ASAC were responsible for arranging the smuggling of semi-auto rifles into Mexico." This was incorrect and my fault entirely. I have changed it below to the correct word, which was "allowed." There is distinct difference between the two, although giving a wink and a nod to others to break the law when you are sworn to uphold it, for your own venal and agenda-driven self-interest is not far from functionally "arranging" the same thing. I'm not sure, for instance, that the family of Brian Terry would appreciate the difference.


Remember this story from the 28th of December? "Border Patrol agent killed with ATF-smuggled AR? Some ATF agents seem to think so."

The DOJ computers have been hitting this story big-time the last two days. Usually they out-click to CUATF.org.

Well, here's what a solid source within ATF says about this story this morning:

"It's true. Pure fact verified. Ongoing inv(estigation) I can't discuss."


Now, to be careful, let's assume that this confirmation applies only to what would be knowledge to the ATF -- that the Phoenix SAC and ASAC were responsible for allowing the smuggling of semi-auto rifles into Mexico to boost the statistics to justify Operation Gunrunner. I do know that "mainstream" reporters are working on the mysterious circumstances of the death of Border Patrol officer Brian A. Terry and getting close to verifying the rumor posted on CleanUpATF.org that he was killed with one of the "walked" weapons.

If this story makes it to the cable news cycle, there is no possibility that ATF can avoid the antiseptic qualities of sunlight on all of their criminal acts. All credit should go to the agents of CUATF who broke this story and to David Codrea who has shoved the story along and into a wider audience.

Mike
III

PS: In a related development, the CUATF site was apparently hacked last night.

Tuesday, January 4, 2011

Obama's equivalent of the little Dutch boy and the dyke.


Democrats tap top Obama lawyer to counter Darrell Issa.

Good luck with that.

"ATF: Laws are for the Little People"

"All of this is unnecessary and lawless."

Len Savage, reinforces a comment and question by "Reg T" posted here, and takes it directly to the agents on CleanUpATF.org.

"Any cop who will not stand up to his supervisors or management
when told to harass the public deserves no better himself."


Reg T, I don't know who you, are but would you drop me a note at GeorgeMason1776ATaolDOTcom? Thanks.

Mike
III

National Debt Tops $14 Trillion



Got militia?

"Body of Former Federal Official Found at Landfill." Is there more or less to the death of John Wheeler?



Not your usual landfill corpse.

DOVER, Del. -- The body of a military expert who served in three Republican administrations was found dumped in a landfill over the New Year's weekend, and investigators said Monday they do not know who might have killed him.

Authorities say John Wheeler III, 66, was scheduled to be on an Amtrak train from Washington to Wilmington on Dec. 28. Police say it's now not clear if he ever made that trip. His body was found three days later, on New Year's Eve, as a garbage truck emptied its contents at the Cherry Island landfill. His death has been ruled a homicide.

Mr. John P. Wheeler, special assistant to the Secretary of the Air Force was found dead December 31.

Wheeler, who served as an Army staff officer in Vietnam, later worked in the Reagan and both Bush administrations and helped lead efforts to build the Vietnam Veterans Memorial wall in Washington. . .

"The information that we have is that he was scheduled to take a train from Washington, D.C., to Newark on the 28th. We don't know if that occurred," Farrall said, adding that investigators don't know how long Wheeler might have been missing before his body was found, or where and when he was last seen.

Asked why Wheeler had not been reported missing, Farrall said the family was not in town at the time.

"That's why there was some delay in notification," he explained.

A graduate of the U.S. Military Academy at West Point, Wheeler went on to study at Harvard Business School and Yale Law School.

Richard Radez, a longtime friend who also graduated from West Point and Harvard Business, said he exchanged e-mails with Wheeler on Christmas. On the day after Christmas, Wheeler sent Radez an e-mail expressing concern that the nation wasn't sufficiently prepared for cyber warfare.

"This was something that had preoccupied him over the last couple of years," Radez said.

James Fallows, a national correspondent for The Atlantic magazine, wrote in an article on the magazine's website that he had known "Jack" Wheeler since the early 1980s. A photo on the website shows a youthful, businesslike Wheeler in a dress shirt, tie and suspenders, in front of a map.

Wheeler, Fallows wrote, had spent much of his life trying to address "what he called the '40 year open wound' of Vietnam-era soldiers being spurned by the society that sent them to war."

Fallows told The Associated Press that Wheeler had been focused recently on getting ROTC programs restored at prestigious universities such as Harvard and Stanford.

He also exchanged e-mails with Wheeler over Christmas, and said Wheeler was concerned about the separation of the military and educational institutions that stemmed from the Vietnam War and continued through the debate over the "don't ask, don't tell" policy preventing gays and lesbians from serving openly in the military.

With the recent Senate vote to end "don't ask, don't tell," Wheeler saw no further impediments to restoring ROTC programs on college campuses, Fallows said.

The son of a decorated Army officer, Wheeler followed in his father's footsteps at West Point. His military career included serving in the office of the Secretary of Defense and writing a manual on the effectiveness of biological and chemical weapons, which recommended that the United States not use biological weapons.

Author Rick Atkinson, whose 1989 book "The Long Gray Line" featured Wheeler as a prominent member of West Point's Class of 1966, called him an extraordinarily intelligent and intense man who relentlessly pursued causes.

"Some of his pursuits were quixotic but others were magnificent," Atkinson said, citing the Vietnam Veterans Memorial as Wheeler's greatest achievement. He said the monument wouldn't exist had Wheeler not used his organizational skills to steer the project through a brutal political fight.

Wheeler retired from the military in 1971, and went on to serve in the administrations of Presidents Ronald Reagan and George H.W. Bush, including at the Securities and Exchange Commission. He also was a special assistant to the Secretary of the Air Force under President George W. Bush. He recently worked as a consultant for The Mitre Corporation, a nonprofit based in Bedford, Mass., and McLean, Va., that operates federally funded research and development centers. (MBV Emphasis supplied.)

"He was just not the sort of person who would wind up in a landfill," said Bayard Marin, an attorney who was representing Wheeler and his wife, Katherine Klyce, in an ongoing legal dispute with a couple wanting to build a home near the Wheelers' in the historic district.

"He was a very aggressive kind of guy, but nevertheless kind of ingratiating, and he had a good sense of humor," Marin said.


MITRE Corporation's Homeland Security customers include DHS's Directorate for Science & Technology, Directorate for National Protection & Programs, Office of Intelligence and Analysis, the Transportation Security Administration (TSA), U.S. Citizenship & Immigration Services, U.S. Coast Guard, U.S. Customs & Border Protection (Secure Border Initiative) and U.S. Immigration & Customs Enforcement (ICE).

The Wikipedia citation for MITRE is bland, but:

According to researcher Nick Turse in his book The Complex, "MITRE brought in a cool $275,384,277" in research, development, test and evaluation money from the Pentagon in 2005. All in all, MITRE is one of the spookiest corporations you've never heard of.


In other words, all the ingredients for another DC whodunnit.

But I've been asking around since I heard about Wheeler's death and the reports are decidedly mixed. This is just in from a distinguished retired military officer with long experience in DC whose insights are generally spot on, responding to my email: "Any ideas on what happened to this guy?" --

No, but he's a "wheeler/dealer," or was... according to a very credible source who dealt with him years ago on the Viet Nam Memorial, Wheeler was totally untrustworthy and a first-class shithead who'd stab anyone in the back if it promoted his own interests...

In other words, one of hundreds who come to WashDC to do good, and do very well, indeed!!

No tears from this corner...


Opinions, like anal sphincters, are ubiquitous -- everybody's got one. And this single character reference hardly is dispositive about why and how the guy ended up in a landfill, especially since it was apparently formed in the rancorous fight over the Vietnam Memorial. I will keep my ear to the ground on this one, gentle readers, and when I discover something more I'll let you know.

Mike
III

Monday, January 3, 2011

So the DOJ comes to visit, worried about the ATF-smuggled gun that may have killed the Border Patrol officer last month, and their exit page is CUATF.

Domain Name usdoj.gov ? (U.S. Government)
IP Address 149.101.1.# (US Dept of Justice)
ISP US Dept of Justice
Location Continent : North America
Country : United States (Facts)
State : District of Columbia
City : Washington
Lat/Long : 38.9097, -77.0231 (Map)

Language English (U.S.)
en-us
Operating System Microsoft WinXP
Browser Internet Explorer 7.0
Mozilla/4.0 (compatible; MSIE 7.0; Windows NT 5.1; DOJ3jx7bf; .NET CLR 1.1.4322; .NET CLR 2.0.50727; .NET CLR 3.0.04506.648; .NET CLR 3.5.21022; .NET CLR 3.0.4506.2152; .NET CLR 3.5.30729; InfoPath.2; DOJ3jx7bf; DOJ3jx7bf)
Javascript version 1.3
Monitor Resolution : 1280 x 1024
Color Depth : 32 bits

Time of Visit Jan 4 2011 8:09:44 am
Last Page View Jan 4 2011 8:13:59 am
Visit Length 4 minutes 15 seconds
Page Views 4
Referring URL http://www.ronpaulfo...n-ATF-smuggled-rifle
Visit Entry Page http://sipseystreeti...killed-with-atf.html
Visit Exit Page http://sipseystreeti...killed-with-atf.html
Out Click CleanUpATF.org
http://cleanupatf.or...ex.php?showtopic=153
Time Zone UTC-6:00
Visitor's Time Jan 3 2011 2:09:44 pm
Visit Number 2,363,394


Now ain't that special? Pretty funny, as a matter of fact. They are said to have blocked direct access to CleanUpATF.org on DOJ computers, so they have to link into it by way of Sipsey Street? Well, I just want all you DOJ-gers to know I'm proud as a frog eatin' fire to provide the service bringing you CUATF.

Mike
III

David Codrea's Take on Recent ATF Scandals: Where are the media?

"Media coverage of ATF corruption investigation developments nonexistent."

"Torpedo . . . los!"



I'm not much into most modern art, but I always liked "Torpedo...Los!" by Roy Lichtenstein, done in 1963. Apropos of nothing, I suppose, but The Enemy Below (1957) is also one of my favorite movies. Liked the book better though, even if it was written by a Brit.

"Civil Servants" -- They're not civil and they do not serve. Snow men in the Big Apple.


"Sanit bigs boozed amid snow chaos: witnesses."

A group of on-duty Sanitation supervisors is under investigation for allegedly buying booze and chilling in their cozy department car for hours Monday night after the blizzard stranded a bus and three snowplows blocks away.

The city Department of Investigation is probing the incident after witnesses said four snow blowers blew off their duties to get blitzed, buying two six-packs of beer from a Brooklyn bodega. The workers then walked five blocks to their car, which was in 20 inches of snow in the middle of 18th at McDonald avenues near the F train entrance, passing the stuck bus and idle plows on 18th Avenue between Third and Fourth streets.

The four remained in the idling sedan until morning -- then told their bosses they could do nothing about the blizzard because they had run out of gas, one witness said.

"They just sat in their car all night with the heat running," the witness said.


Here's the question: When a real disaster comes to your town, how will your "civil servants" react? Is it a better bet to count on them, or your own resources?

Got militia?

Sunday, January 2, 2011

The Gorgon Reappears. Perseus, please call your office.

Perseus with the head of Medusa, the Gorgon.

The Air Force is channeling Greek mythology.

Surely y'all remember the Gorgon. You know, Clash of the Titans with Harry Hamblin cutting off Medusa's head. Well, meet the Gorgon Stare:



In ancient times, Gorgon was a mythical Greek creature whose unblinking eyes turned to stone those who beheld them. In modern times, Gorgon may be one of the military's most valuable new tools.

This winter, the Air Force is set to deploy to Afghanistan what it says is a revolutionary airborne surveillance system called Gorgon Stare, which will be able to transmit live video images of physical movement across an entire town.

The system, made up of nine video cameras mounted on a remotely piloted aircraft, can transmit live images to soldiers on the ground or to analysts tracking enemy movements. It can send up to 65 different images to different users; by contrast, Air Force drones today shoot video from a single camera over a "soda straw" area the size of a building or two.

With the new tool, analysts will no longer have to guess where to point the camera, said Maj. Gen. James O. Poss, the Air Force's assistant deputy chief of staff for intelligence, surveillance and reconnaissance. "Gorgon Stare will be looking at a whole city, so there will be no way for the adversary to know what we're looking at, and we can see everything."


So how much longer do you think it will be before the evil dwarf Janet the Second deploys these to spy on Americans? Perseus, call your office.

Stupid is as stupid does.

Saturday, January 1, 2011

Kurt Hofmann's New Years Resolution

Be a militia of one.

Amazing developments at CleanUpATF and elsewhere.

We are apparently approaching critical mass in the implosion of the Chief Counsel's Office power-behind-the-throne regime at ATF. Here are some relevant posts over at the dissident ATF agent site, CleanUpATF.org:

First, an agent posting under the significant pseudonym of "Valkyrie" discusses the current situation and even mentions Sipsey Street without rancor:

Hey Noreaster, I don't know about all of what you wrote, but our division sent the Chait memo around so lots of people have it. In all my years, I have never seen the budget in such a sorry state. I don't know what we are going to be able to spend money on this year, but we are on a tuna fish diet for sure. If you ask me, HQ seems to be running scared, and I bet with good reason.

Did anyone see the message from ATF's CFO the other day about not talking about ATF budget documents? My guess is these are the ones from OMB which basically are where an agency gets a day or two to respond to a cut proposal and that OMB recommended cutting our nuts off on explosives, NIBIN, PCS and alot of the other stuff you mentioned and that other posters are talking about. It is never a good sign when the Crystal Palace spends more time trying to stop leaked doomsday budget reports then fighting for our jurisdiction, manning up, and making some damn decisions. Of course it is easier to blame the agents and inspectors instead of Melson, Hoover, Chait, Martin and Boxler holding themselves accountable for doing their job, and not through some BS course on professionalism so I know what ties to wear, if my heels are too high, or to preach about having sex in Las Vegas with some bar hottie. Maybe we can distract people with a TV show about an ATF "Lassie" or do a special about facial sketching to solve Jack the Ripper? Yeah, I bet that would get people thinking happy thoughts instead of wondering if we are going to get cut up like a skinny turkey.

The word from CES in the field and some in HQ is that NCETR Alabama is dead and the poor guys down there know it. Who knows what Boxler and Martin have been doing running off to private executive meetings with the FBI about explosives, NCETR, TEDAC and the USBDC. Don't forget Super Chief Joe Riehl takes a tour down to Alabama to smile and lie every once and a while, and he does a good job at that. He and his school mates from CI (Boxler and Martin) are protecting him big time. Please Joe, act very suprised when they hand you the TEDAC job in a few weeks or months. It won't make any difference ATF is violating OPM rules with more preselection, who applies or anything else, because it is all about Billy taking care of his hatchet man, even though he is a huge player in our explosives mission slipping away to the FBI and DHS. And didn't Joe look really good on the ATF website with SAC Stoop, Chait and the NRT touring a fire scene? Why were you there Joe? You aren't the acting SAC anymore, your division was chopped up and people wondering what the hell they are doing. Aren't you supposed to be the NCETR Chief of our new and expensive facility? This is all about image and trying hard to make Joe look like a senior executive, although Potter screwed him pretty good by not leaving Philly.

The time is close where the whole mess may come apart. Check out the website Sipsey Street Irregulars - don't care much for their politics but it's scary how much stuff is already out there on ATF, our internal politics, and if I were to place a bet I think that Senator Shelby, OIG or the press is going to light us up soon, and a bunch of people on the 5th floor are going to scramble like roaches from the lights. The only hope I have is that working agents and people with some integrity will be fine wherever we end up in a few years (or months).


Second, in a discussion about ATF management waste, fraud and abuse, "Rogue" had this to say on 29 December:

Word from Los Angeles is Paul Vanderplow from HQ will be coming out to the Rose Bowl. He came last year (paid by ATF) so I guess he is needed again this year (marked for sarcasm). I guess JT has a friend in the big building after all.


"Apostate" replied:

All I can say is wow! We have no money for basic required training, ammunition, investigative travel, car repairs and ATF is paying upper Mgt types to party in California and Las Vegas ( SHOT show) and God knows where else!!!


But it was what happened next that was so incredible to me.

Vanderplow himself responded!

Good Afternoon,

This is Paul Vanderplow. If anyone has any questions regarding this event or the circumstances around it, please look me up in Outlook and give me a call. By the way, to interject some fact/reality to this "discussion" (marked for sarcasm) I cancelled (sic) this trip about two months ago when the other reason I had to travel to the LAFD was cancelled (sic). I stand by my ethics, judgement (sic) and prudent use of Government funds. By the way, the last time I worked an event in California, I worked a 20 hour day with NO overtime, night differential, Holiday or Sunday Pay. Boy that sounds like a party to me (again marked for sarcasm).


The PTB at ATF and Main Justice have been desperately trying to ignore the existence of CUATF.org. Yet here we have one of the anointed responding to CUATF allegations. When this happens, the dam is breaking, folks.

Finally, I received a copy of the following letter to some United States Senators over the electronic transom. I cannot say by what means I got it, but the fact that it was forwarded to me at all is amazing to me. It was accompanied with the short note:

Based on your clear interest and attention to ATF matters I thought you might be interested in examining this correspondence. Thank you for paying attention.


The author of the letter, ATF Special Agent Jay Dobyns, has been the subject of Sipsey Street posts before. Read the letter and I will have some final comments on the other side.

I have redacted the addresses in the interest of space.

December 10, 2010

The Honorable Senator John McCain (Senator, State of Arizona)

The Honorable Senator Jon Kyl (Senator, State of Arizona)

The Honorable Senator Daniel Inouye (Chairman, Senate Committee on Appropriations)

The Honorable Senator Thad Cochran (Vice Chairman, Senate Committee on Appropriations)

The Honorable Senator Joseph Lieberman (Chairman, Senate Committee on Homeland Security and Governmental Affairs)

The Honorable Senator Susan Collins (Ranking Member, Senate Committee on Homeland Security and Governmental Affairs)

The Honorable Senator Daniel Akaka (Member, Senate Committee on Homeland Security and Governmental Affairs; Chairman, Subcommittee on Oversight of Government Management and the Federal Workforce)141 Senate Office Building Washington, D.C. 20510

The Honorable Senator George Voinovich (Member, Senate Committee on Homeland Security and Governmental Affairs; Ranking Member, Subcommittee on Oversight of Government Management and the Federal Workforce)

The Honorable Senator Carl Levin (Member, Senate Subcommittee on Homeland Security and Governmental Affairs; Chairman, Permanent Subcommittee on Investigations)

The Honorable Senator Tom Coburn (Member, Senate Subcommittee on Homeland Security and Governmental Affairs; Ranking Member, Permanent Subcommittee on Investigations)

The Honorable Senator Chuck Grassley (Senator, State of Iowa [author of the No Fear Act])

The Honorable Congressman James Lightfoot (Congressman, State of Iowa [retired])

Dear Senators:

I hope this letter finds you each productive, in good health and preparing to enjoy your holidays.

Please also allow me to thank you for your service.

I am a resident of Arizona and a current United States Government Employee. I have been a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives for the past 24 years. I am a constituent to each of you by residency or employment based on your committee memberships.

I acknowledge that you are busy with pressing military and economic concerns. However, my dispute has risen to a new level of importance regarding federal agency endangerment of law enforcement officers and is now something of a flagship for federal agents to assert safety rights and employment protections. Our federal law enforcement agents serve with commitment and courage, and therefore I humbly ask that you take a moment to review this letter and determine if you can further assist me.

I have an ongoing, long-term dispute with ATF. My dispute reached litigation and has been transferred to the control of the Department of Justice. I understand that you have limitations in your ability to assist with pending legal matters. I will not ask you to participate to any level beyond the constraints of federal law and ethics.

Over the past 6 months I have received thousands of documents on this case through FOIA and government disclosure. I have also taken eight witness depositions. Seven of the eight depositions have been of government witnesses viewed as “hostile” to my complaints. Six of the witnesses are Senior Executive Service managers, two are ex-ATF Deputy Directors, one is a current ATF Assistant Director, one an ex-Assistant Director, and two are current Special Agents in Charge. These witnesses are at the highest levels of ATF management, and although they were at first thought to support the government’s position, their collective testimonies have been overwhelming in confirming my allegations. Those allegations are essentially that, in retaliation for a settlement with the government, ATF recalled covert identification documents from me and my wife, and as a Significant Investigative Report, obtained only through discovery, demonstrates, the Hells Angels became the lead suspects in discovering the location of my home and burning it down with my wife and children inside. In the process, ATF scuttled the investigation and let the suspects go, never even questioning them. ATF has taken the process of retaliation to a new level, letting go of suspects of attempted murder against an agent’s family.

Depositions taken last week verify and confirm alarming facts related to the endemic mismanagement of ATF and include corruption, obstruction of justice, perjury, retaliation and reprisal.

In an effort to respect your time I will thumbnail the situation.

 Beginning in 2004 with the closing my undercover infiltration of the Hells Angels in Arizona, my family and I began to receive death and violence threats from Hells Angels members and associates, including members of the Aryan Brotherhood and the MS-13 recruited by the Hells Angels to carry out violence against us on their behalf.

 The threats were validated and include but are not limited to threats to kill me (one proposed to inject me with HIV); locate and torture my children; and for the Hells Angels to gang rape my wife and film it in order to show me the video.

 ATF management, due to its apathetic and retaliatory management, ignored and dismissed these threats. Amazingly, to this day, ATF never interviewed or confronted any of the threat suspects.

 ATF reviewed the circumstances of the threats attempting to whitewash the facts and further internally avoiding any responsibility.

 Fortunately, the Office of Special Counsel and the Office of the Inspector General investigated the same allegations and concluded in my favor, informing the President of their findings.

 The OSC/OIG Report stated:

“The OIG substantiated SA Dobyns’s allegations regarding the inadequate response to threats against him, finding that ATF failed to adequately investigate and ‘needlessly and inappropriately’ delayed its response to additional threats made against him“; “ATF failed to respond to threats against Dobyns in an appropriate or timely manner”; and “ATF’s response to threats was inadequate, incomplete and needlessly delayed.”

 Deposition testimony confirms that ATF never addressed or corrected its failures to protect agents in general or me in particular, and did not implement any of the findings, conclusions and recommendations of the report. This lack of attention and concern by ATF emboldened those at fault and has empowered them to continue and increase retaliations against me by failing to investigate the new and current death and violence threats being issued.

 Despite a finding by OSC/OIG found that an ATF manager responded to an official federal inquiry with “less than candor” (in response to OIG investigators), that ATF manager was promoted to increasingly more prestigious positions within ATF after the OIG findings were released.

 Deposition testimony also confirms that response letters sent in reply to inquiries from Senator McCain and Senator Kyl from ATF Senior Executives, with those comments attempting to reassure you that the this situation was controlled, resolved, and of no further interest to you, were not accurate.

 I reached a settlement with ATF on September 20, 2007 that waived and released ATF of past failures with respect to me and my family’s safety during the first wave of threatened violence (2004 to 2007).

 Beginning in late 2007 and continuing through mid-2008, without cause or justifiable reason, ATF recalled alias, covert identification documents that ATF had issued to me and to my wife. We had been using those documents to protect our vehicles, our driver’s licenses and the title to our home from public databases.
ATF’s recall of the covert documents, which ATF did over my objection and with no consideration for my safety or that of my family, forced us to place much of the previously protected information in my true name and in the open public domain, publicly disclosed and capable of search and review by any members of the general public.

 In August 2008, one or more people committed the violent crime of arson of my home in Tucson, destroying my family’s residence by fire with my family inside.

 ATF failed miserably in response to the fire, delaying and then inexcusably mishandling the investigation of the fire. A repeat of ATF’s past failures was underway.

 Besides myself, several other ATF employees called and emailed ATF senior management to avoid another neglected response, pleading with Senior Executives to act quickly, professionally and thoroughly by undertaking the most conclusive investigation possible and try to find and arrest the arsonists.

 I asked ATF Senior Executives on several occasions to put a final end to the mismanagement of the threats against me and did so seeking nothing from the government beyond a personal meeting with ATF management to assist them in identifying the agency failures and help develop real solutions.

 The deposition testimony of directly involved Senior Executives revealed that ATF attorneys advised the Executives not to react or respond to the requests for assistance, whether from ATF special agents on the scene trying to assist in the preservation of evidence and in the investigation, or from me.

 After once again being “shut out” from communication with ATF management and with no other resource, I filed a legal complaint.

 Following aggressive attempts by DOJ to avoid the Court of Federal Claims hearing my dispute in Washington DC, Judge Francis Allegra denied the DOJ’s motion to dismiss my lawsuit against the United States on behalf of ATF and accepted my case.

 Rather than address and correct vital issues of agent safety as prescribed by OSC/OIG, ATF and DOJ filed a lawsuit against me in the form of a counterclaim alleging that by writing the book “No Angel,” I somehow damaged the United States Government with an improper use of my job title found on the book cover - which simply places “ATF Special Agent” under my name as the author.

 I received disclosure documents from The Department of Justice that evidence that ATF officials ignored real-time criminal intelligence regarding credible and plausible arson suspects, persons who had motive and means to destroy my home after ATF withdrew my covert alias identification documents; and, ignored or destroyed investigative leads received in October, 2008, two months after the fire.

 Each Senior Executive deposed has testified that they did not take any action, or order any actions to be taken, to investigate the information or interview the suspects. Each testified that they “assumed” someone else above or below them had handled the matter. None of those deposed conducted any personal due diligence or follow-up to determine if anything proactive or reactive to the information was undertaken.

 This is not an all-inclusive example but, it clearly serves as a transparent example of the pattern and practice by ATF Senior Executives and managers of ignoring threats against me and is reinforcement to the prior findings of the OIG/OSC that a dangerous lack of concern for threats against me remains ongoing and continuous at ATF.

 During the court proceedings the lead ATF ethics attorney who owns a long-standing resentment for me was recused from participation my case by Federal Judge Allegra thus placing her in a position as a material witness in both my lawsuit and the counter-claim against me. ATF has in essence ignored this ruling allowing the recused attorney to supervise both ATF attorneys who are now representing the government in defending my lawsuit and prosecuting me under their own counterclaim.

 This creates an enormous ethical compromise to the government which has been ignored by DOJ. The air of inappropriate conduct facing the legal teams at ATF and DOJ is impossible to overlook and an insult to the justice system. The ATF attorneys who are defending ATF and self-defending their own allegations of misconduct in my lawsuit are the same attorneys who are also counter-suing me as an act of retaliation and reprisal.

 An email entered into court records clearly displays that managers supervising the arson investigation intentionally, knowingly and willfully withheld “critical information” on the arson investigation from ATF Senior Executives (the email specifically cites those being denied information as, “the Director (of ATF), Deputy Director and Assistant Directors) obstructing a proper response and negatively affecting the decision making process of Senior Executives.

 On December 1, 2010 ATF’s former Deputy Director gave his sworn, expert testimony that this email is “very concerning” and that those involved had no authority to withhold information from him.

 On Friday, December 3, 2010 ATF’s former Chief of the Arson and Explosive Division and an ex-Assistant Director gave his sworn, expert opinion that, if emails accurately reflect the conduct and motivations of ATF managers investigating the arson, ATF personnel may have engaged in criminal obstruction of justice by intentionally concealing critical arson investigation information from senior ATF officials.

 Amazingly and in a demonstration of ATF management’s ongoing poor judgment in all matters under this topic, the guilty party/author of the email/obstructionist has been repeatedly placed in elevated positions of supervision by ATF upon the absences of his superior after ATF has become aware of his potentially criminal actions.

 During sworn depositions, I have learned that:

 ATF Senior Executives have called each other “liars” and “unethical” in accusations of how they have handled elements of my complaint and ATF business in general;

 ATF managers in Phoenix and Tucson conspired to attempt to blame me as the arsonist while failing to preserve evidence or follow-up on real-time leads, suspects who two years later have now vanished;

 ATF managers in Phoenix and Tucson conspired to obstruct the investigation of the arson by limiting critical information needed by ATF superiors up the chain of command to make proper investigative and tactical decisions;

 Some deposed witnesses have committed known perjury during their testimony;

 An overwhelming air of lack of concern for agent safety, lack of accountability and absence of responsibility is present among ATF’s Senior Executives involved in the suspicious events;

 Of the eight depositions not a single Senior Executive could give an answer to the question of who or where the responsibility for lies for these grievous and continually repeated mistakes.

Additionally,

 The counterclaims filed against me also falsely allege that I compromised investigative tradecraft. The former five-year Assistant Director of the ATF Office of Public and Governmental Affairs testified that I have not damaged ATF or undermined the ATF mission with “No Angel” and that any tradecraft discussed in the book was previously released to open source venues by ATF themselves in their efforts to promote the Hells Angels investigation to the agencies benefit (ATF released all relevant tradecraft in the case to the television program “America’s Most Wanted” and to author Julian Sher in his book, “Angels of Death”).

 To the contrary, all of the witnesses said they liked the book and that it portrayed ATF agents heroically. One witness said that the only media event that received as much publicity for ATF as my book was the Waco incident – with publicity that, compared to “No Angel,” was obviously negative. Another witness, an ex-Deputy Director testified that he “didn’t even notice” the use of my job title on the book jacket. (Random House Publishing’s use of my job title is a key point in DOJ’s countersuit against me citing my alleged misuse of office.) Senior ATF Executives have testified that No Angel portrayed ATF Agents as, “heroic” and that the book was, “interesting”, “fascinating”, “factual” and “entertaining”.

 During this same time period, an ATF Special Agent in Charge gave a newspaper interview specifically describing how ATF agents can gain admission into undercover gangs by defeating polygraphs (including describing one of the methods); another ATF SAC gave a interview to a Mexican newspaper in which he disclosed the existence of ATF operations in Mexico leading to the subsequent apprehension and torture of an ATF informant and the eventual emergency evacuation of his ATF Agent/Handler; and, ATF Acting Director Kenneth Melson publicly disclosed at a press conference the pre-operational locations, staffing and timeframes for gun trafficking taskforces on the Mexican border.

 While ATF sued me for describing the heroism of ATF field agents in a fully adjudicated investigation two ATF SAC’s and Mr. Melson upended investigations and endangered the safety of agents and informants, all without a single negative word from ATF or its Office of Public and Governmental Affairs or from the Department of Justice.
Further,

 Federal law exists under the No Fear Act and other statutes that state it is a federal offense for agencies to fail to notify victims of their rights after suffer as the victim(s) of violent crimes under the agency’s investigation. No person with ATF, DOJ or any other part of the government has EVER notified me or my family members of our rights as victims after ANY of the threats or actions we have suffered related to past or present threat situations.

 ATF witnesses have given sworn testimony at their depositions in this lawsuit that ATF senior officials have knowingly and willfully ignored the conduct of ATF employees who misused their positions to assign ATF agents to guard Angela Bassett during a book signing at an Atlanta shopping mall, to give a presentation to an ATF agent’s condominium homeowner’s association while they were on active surveillance, and who lied under oath to the Office of Special Counsel and the Office of Inspector General – with one of the ATF employees lying to OIG twice. None of those ATF employees received any discipline, and the pattern remains the same – cozy up to senior ATF leadership after findings of bad conduct are made, and receive a retirement party with full pension benefits. None of those ATF employees portrayed ATF to the public as an agency of heroic agents, and yet none of them were sued as DOJ has sued me.

 Sworn testimony has been taken that several ATF Senior Executives knowingly and willfully conspired to interfere and obstruct federal RICO/murder prosecutions of the Hells Angels in Peoria, Illinois and Seattle, Washington, by taking actions “above and beyond” to prevent my testimony, ordered under federal subpoena and sought by the respective Offices of the United States Attorney. Testimony confirms that the role’s of these Senior Executives was a treacherous, malicious and retaliatory attempt to destroy my reputation. In Seattle, where I eventually overcame my leadership’s efforts to replace my testimony by characterizing it as unqualified, I testified in related hearings. The U.S. Attorney’s Office obtained three convictions under RICO, the first time the Justice Department obtained a RICO conviction against the Hells Angels. The prosecutors further praised my assistance and testimony as the standard by which all federal agents should be held to when called as witnesses. In a letter to the Senior Executive at ATF who spearheaded the attack against my credibility, the United States Attorney for the Western District of Washington and three Assistant United States Attorneys wrote:

“The combined undersigned counsel has fifty years of prosecution experience. Special Agent Dobyns is one of the best law enforcement officers we have ever seen testify. Our court ruled that Special Agent Dobyns was essentially too good of a witness for the prosecution and too prejudicial to the defense. It was a privilege to put him on the stand in our case. He is a credit to ATF and to law enforcement.”

 Sworn testimony has been taken that ATF officials knew that one of the senior executives involved in the obstruction of my testimony at trial against the Hells Angels had been proven guilty of discrimination, requiring job termination under ATF’s Disciplinary Matrix. Instead, as ATF officials do with all friends of the senior leadership, ATF knowingly and willfully ignored the employment disability discrimination finding and left the senior ATF official in place to discriminate against me.

 Witnesses supportive of my lawsuit but not yet deposed have received retaliations against them from ATF management based on their anticipated positions of being helpful to me. Other witnesses have advised that they have become fearful to provide testimony on my behalf in anticipation of retaliations that will be taken against them if they are subpoenaed to testify.

 I have also been subjected to personal retaliations by DOJ, above and beyond the governments countersuit against me, with DOJ has implementing unethical tactics of “strong arming” me for my personal tax returns and personal financial information without following the laws, orders, rules and procedures implemented by the court.
 ATF and DOJ have employed the tactics of doing anything and everything within and outside their powers of their authority to “burn me down” as that is somehow a defense or excuse for the outrageous and continually repeated bad acts of ATF Senior Executives and managers.

 I have a current offer to mediate my disputes with ATF. My offer is being “slow played” by ATF for the mere effort of extending my litigation, depleting my resources, and attempting to destroy my resolve to finish the fight. DOJ and ATF are together unnecessarily extending a legal battle merely for the sake of a fight and doing so at great expense and a waste of resources to the government.

 ATF and DOJ have employed and resourced a team of attorneys to unjustly prosecute me. I have repeatedly asked ATF for the accommodation of nothing more than the time needed to prepare my defenses from their countersuit. Each request has been denied and references statements that “ATF’s Chief Counsels Office” will not approve my request. ATF and DOJ are “stacking the deck” in an attempt to insure their victory with no concern for fairness.

 The actions of ATF, ATF’s legal team and the DOJ, in totality, are not only immoral and unethical but are proving to be criminal in nature as illegal acts are being attributed to government witnesses with no reporting or actions taken on such acts. ATF and DOJ attorneys continue to ignore facts, evidence and the sworn testimony damaging to the governments defense and thus is extending this litigation unnecessarily.

My allegations that ATF intentionally neglected agent safety are being proven true and accurate to an alarming degree. The countersuit against me is also being proven to be just a retaliatory measure used by DOJ to chill my pursuit of justice.

Just as in my initial threat complaints (2004-2007), ATF ignored my claims until OSC/OIG oversight was instituted. Now in a repeat of the past and as a demonstration of ATF’s inability to improve or abide by the OSC recommendations, my allegations of corruption, criminal activity, reprisal and retaliation are again being proven true.

I respectfully submit my request asking you to look into this matter. The Justice Department has lost all objectivity, due in part to the fact that my employer, the Justice Department, is defending my lawsuit and suing me at the same time and under the same proceedings. This clear conflict of interest is stunning to me that it is being allowed and supported by the highest department in our government tasked with applying justice in our country. Please feel free to use this letter as a part of your inquiry.

I respectfully request that you ask the Office of Special Counsel, the Office of the Inspector General, ATF and DOJ to perform a case review of the governments defense of my lawsuit and the counterclaims filed against me - independent of the assigned defense/prosecution attorneys - to examine the merits of my lawsuit and the absence of merits of theirs, against me. Currently assigned DOJ counsel appears simply set on not doing so.

I am willing to discuss this matter with you in person at any time or location convenient to you. I will do so at my own expense.

I understand that you cannot involve yourselves beyond the limited level of inquiry I am requesting but oversight in this matter is critical. President Obama has demanded transparency in government.

As a career federal lawman and one intimately familiar and involved in the judicial process, justice is absolutely not being served by the Department of Justice in this matter. I am prepared, resourced and confident in my ability to take my lawsuit to trial and to defeat the DOJ’s lawsuit against me. Notwithstanding my commitment and willingness to fight this matter to the end, I have offered to find a common ground settlement with the government. DOJ’s continued desire to go forward with an unethical defense and prosecution is not what our government stands for or is based upon.

Deposition testimony has been taken that the ATF managers whom I have accused of wrongdoing have a pattern and practice of attempting to scuttle settlement negotiations with me, fearing that settlement is an admission of guilt and will damage their careers and reputations. To date, the determination of the ATF Office of Chief Counsel and other ATF officials to “out-resource” and “break me” prior to trial me while admitting no wrong - no matter the evidence - has wasted two years of ATF’s time and my time, with trial and resolution probably still two years away. Meanwhile, ATF agent safety remains compromised, especially for undercover agents, with no positive changes in sight. It is shameful and needs the intervention and leadership of the United States Senate.

I have communicated these situations to the White House and Eric Holder and have received no acknowledgement, response or feedback.

I need a stronger voice than just my own to speak for me. I therefore respectfully request your interest, attention and advocacy on my behalf in this matter.

As an addendum I have included weblink addresses to a select number of media stories that have previously reported on the matters I have asked for your assistance with.
Respectfully,

Jay A. Dobyns
ATF Special Agent
Tucson, AZ

Addendum to Senate Letter from Jay Dobyns

CNN
http://www.cnn.com/2007/LAW/02/05/atf.agent/index.html
Federal agent penetrated Hells Angels, fears for his life

WASHINGTON POST
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/18/AR2009061804434.html
Undercover No More, Jay Dobyns Revs Up For a Different Fight

NEWSWEEK
http://www.newsweek.com/id/188155
A Very Hellish Journey. Jay Dobyns convinced the Hells Angels he was one of them. And that may have been the easy part. After going undercover, he's been a man on the run.

WALL STREET JOURNAL
http://online.wsj.com/article/SB123611461950722501.html?mod=article-outset-box#articleTabs%3Darticle
Undercover With Hells Angels. In his new book, "No Angel," ATF agent Jay Dobyns writes about his undercover mission with the Hells Angels -- and the subsequent fallout

FOX NEWS
http://www.foxnews.com/video2/video08.html?maven_referralObject=6487559&maven_referralPlaylistId=&sRevUrl=http://www.foxnews.com/studiob/index.html
Hell Hath No Fury. Former undercover agent says ATF failed to protect his family

AOL NEWS
http://www.aolnews.com/crime/article/agent-sues-atf-for-his-trouble-with-hells-angels/19355185
Agent Sues ATF for Trouble With Hells Angels

TUCSON WEEKLY
http://www.tucsonweekly.com/gbase/Currents/Content?oid=121675
THE GOOD GUY. Death threats be damned, Undercover Cop Jay Dobyns isn’t running anymore.


Anyone who has read any of my stuff over the years will know that I do not believe federal police agencies like the ATF have a constitutional leg to stand on and should be abolished. That said, I have also had my share of run-ins with dishonest or over-aggressive street agents. But the principal danger of another Waco comes from the agenda-driven Chief Counsel's Office and their minions throughout the agency, the same people who apparently sold out Jay Dobyns.

I do not expect that the CUATF agents will have a come-to-Jesus moment anytime soon and agree with my interpretation of their mandate. Even so, I find myself in the position of Winston Churchill, the staunch, life-long anti-communist who was twitted by opposition MPs for his favorable comments on the Russian resistance to the German invasion of the Soviet Union in June, 1941: "If Hitler invaded Hell, I would at least make a favourable reference to the Devil in the House of Commons."

The Dobyns case is just one more example of the dishonest and dangerous rule of the Chief Counsel's Office, and it raises basic issues of honesty, fairness and transparency in government. I have no doubt that oversight hearings for any one issue of ATF corruption will be expanded to deal with ALL issues, CUATF's and ours.

This, as John Ringo says, is a "goodness thing."

Mike
III

"Follow the money." Meet ATF's favorite "whitewash crew." 15 pages of FOIA redactions, but there is more than one way to skin a skunk.

"Just follow the money."

Robert Redford as Bob Woodward: "Supposedly he's got a lawyer with $25,000 in a brown paper bag."

Hal Holbrook as Deep Throat, a.k.a. Mark Felt: "Follow the money."

Redford: "...What do you mean?... Where?"

Holbrook: "Oh, I can't tell you that."

Redford: "But you could tell me that."

Holbrook: "No, I have to do this my way. You tell me what you know, and I'll confirm. I'll keep you in the right direction if I can, but that's all... Just follow the money." -- All the President's Men.


Ever since there has been an ATF, there were always EEOC complaints. The Good O' Boys Roundup scandal was the just tip of the iceberg. Over the years, though, the scope of EEOC mechanisms broadened out from strictly racial issues. In time, federal government managers looked to outside law firms to help defend against an ever-widening number and type of complaints. In theory this "contracting out" was to allow the complaints to be investigated dispassionately, without prejudice to either side. In practice, the legal contractors began to identify more and more with the hand that fed them. They also developed investigative arms that grew larger than the legal staff, since in all cases, knowledge is power and credibility is the coin of the realm.

Meet Delany, Seigel, Zorn & Associates. DSZ is a private business management consultant with offices in Boston and Arlington, Virginia. It is thought that by some DC folks I asked that the estimates found on the web of an annual revenue of up to $5 million and an employee base of 20 is understated. EEOC consulting is growth industry for DSZ, at least in part thanks to the ATF.

As a long-time observer of DC told me the other day, "They are a monster. (DSZ is) the government whitewash crew for EEOC complaints. So now we know where some of the 1.1 billion dollars is going."

As for DSZ, this is what they have to say about their products and services:

DSZ's services are designed to help you identify and solve employment problems in the workplace before they become troublesome. . .

DSZ's 18 years of investigation experience will provide you with cost effective, accurate, reliable and timely investigations in response to employment discrimination complaints. DSZ conducts over 800 investigations annually. We have more than 60 experienced, independent investigators available, nationwide, in whose technical excellence, judgment and professionalism you can be confident.

DSZ has investigated a wide range of employment issues, including those involving individual, consolidated and class complaints. You can trust DSZ's experience and expertise to help your organization or company effectively investigate its employment discrimination complaints. You can rely on DSZ whether the issue is sexual harassment, reasonable accommodation under the Rehabilitation Act or the Americans with Disabilities Act, Family Medical Leave Act issues, or allegations under Title VII, the Age Discrimination in Employment Act, or the Equal Pay Act.

For federal agencies, DSZ's experienced legal staff also provides written case analyses, including draft and final agency decisions. DSZ's investigative files have successfully guided employers through administrative hearings and litigation. Our final agency decisions have withstood EEOC and Court reviews and analyses.


Here is the GSA contract ordering information and here is the DSZ price table. They ain't cheap and ATF provides them with substantial billable hours.

How much of your tax dollars goes to DSZ by way of ATF?

Well, ATF agent Vince Cefalu at CleanUpATF.org tried to find out by filing a Freedom of Information Act request. Here is what they got back:



Fifteen pages just like this. Cefalu comments:

Well now that we are on a continuing resolution and we apparently have NO money, maybe the ACTING Director can explain the attached documents. We have no money for travel, training, SRT, NRT, or any other significant Bureau program, BUT? Attached is ONE of 15 pages of redacted FOIA information, representing how much the Bureau has paid out to the contract agency used to investigate EEOC allegations. Apparently the Director and Mr. Hoover have ignored or are not aware of President Obama's and the Attorney Generals direction regarding transparency. Do the math, how much would the following disbursements pay for in the way of mission related expenses? Would it have paid for more investigative expenses? Is it National security information? Simple question, HOW MUCH HAVE WE PAID to cover up gross mismanagement? There is line after line of TAXPAYER money which they(ATF)feel is somehow protected. You decide. How much do you think 15 pages amounts to?


DSZ's corporate logo?

Well, as Grandpa Vanderboegh used to say, there's more than one way to skin a skunk. I consulted the DSZ staff directory and decided to ask the other end of this Faustian pact what they were willing to disclose.

-----Original Message-----
From: georgemason1776
To: swilliams
Cc: stephen_miller ; sarah_haley ; Stephen.R.Rubenstein
Sent: Sat, Jan 1, 2011 10:55 am
Subject: re: BATFE billing.

Sonya Williams, President
DSZ & Associates
1501 Lee Highway, Suite 205
Arlington, VA 22209
Sent to: swilliams@dsz.com

Dear Ms. Williams,

A FOIA request recently filed by ATF Special Agent Vincent Cefalu regarding BATFE expenditures, in his words, "representing how much the Bureau has paid out to the contract agency used to investigate EEOC allegations," came back with fifteen pages so heavily redacted that the only thing readable on them is your firm's name. No doubt this is in keeping with the Obama administration's diktat on "transparency."

However, as my Grandpa Vanderboegh used to say, "There's more than one way to skin a skunk." Therefore, I thought I would write you and ask you the same question that SA Cefalu is asking his agency.

How much business has DSZ done with the BATFE over the past five years? Obviously I'm not asking for names or any other information that might be confidential. Inquiring minds would just like to know how much business you've done with BATFE in gross dollars. Surely that is not classified information.

You will note that I have copied this email to members of Senator Sessions' staff and will also forward it later to members of the House of Representatives various oversight committees. One way or another, now or later, this fact will surely become public.

So, to avoid all sorts of sturm und drang acrimony, can't you help us all out by disclosing what SA Cefalu has asked his agency -- information which surely ought to be released under the Freedom of Information Act?

I await your reply with great interest.

Mike Vanderboegh
The alleged leader of a merry band of Three Percenters
PO Box 926
Pinson, AL 35126