Tuesday, July 19, 2011

Eric Holder for the defense?

Murdered Border Agent Brian Terry
William Heuisler

1) Why was murdered Border Agent, Brian Terry, outgunned in December of  2010?
2) Was "Operation Gunrunner" * an enterprise planned and promoted by the US DOJ?       
3) Will Criminal Liability re: Arizona Revised Statute 13-303, or Conspiracy 13-1003, or Facilitation 13-1004, be charged against Directors of the Departments of Alcohol Tobacco and Firearms, ATF or Justice, DOJ?

4) When will Defense Attorneys be calling Attorney General, Eric Holder as a witness?

Each question is reasonable. In Holder’s 2009 Cuernevaca speech he bragged of his “Operation Gunrunner” *. (Holder, 2009) Gunrunner has smuggled over 1,700 firearms to Mexico’s drug cartels.

Two of those firearms were recovered from the scene of Agent Brian Terry’s murder by drug smugglers 40 miles south of Tucson in December of 2010.

On March 16th, 2011, Senator Grassley (Judiciary Committee) asked Chief of Customs Border Patrol, Bersin (CBP) to explain information that, “according to several Agents”: 

“CBP officials allegedly stopped Jaime Avila near the border in the spring or summer of 2010. He allegedly had the two WASR-10 rifles in his possession that were later found at the scene of Agent Brian Terry’s murder… CBP officials contacted ATF, or an Assistant US Attorney, who allegedly instructed CBP to allow Avila to proceed without seizing the weapons.” (Grassley, 2011)
The CBP Chief has not explained why a US Attorney would authorize Avila’s release.

Imagine a Defense Attorney representing a suspect who was abetted by a U.S. Agency in  an accused crime. That attorney will certainly demand discovery of Agency records and Agents involved with his client’s alleged crime. The prosecutor will be forced by a Judge to name relevant policies and people in ATF or DOJ to satisfy that discovery.

For skeptics, an excellent example is the current prosecution of gun smuggler, Jose Sauceda-Cuevas. U.S. Attorney (Arizona District) Dennis Burke is charging Sauceda-Cuevas with gunrunning and related crimes. Burke said, “Warring Mexican drug cartels continue to arm themselves in Arizona, and we believe this defendant was part and parcel to that effort…involving more than 300 weapons, most of which are “AK–47–type rifles and automatic pistols recovered in Mexico, Arizona and Texas.” (Burke, 2011)

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