Why waste time asking “What did you know and when did you know it?” when the Obama Regime might already face felony charges?
That’s the question Attorney David Hardy and others are asking those investigating the role of Regime members in the deadly gun walking fiasco, Fast and Furious.
Since whistleblowers brought this scheme to the attention of Congress early this year, Senator Charles Grassley and Congressman Darrell Issa have been frustrated by Department of Justice stonewalling, subterfuge, and misrepresentation.
As Grassley wrote to Attorney General Eric Holder in a July 18th correspondence, “If the attorneys working on the [Justice] Department’s response to the Committee spent less time redacting documents and more time producing them, we would be much closer to understanding the failures in leadership surrounding Operation Fast and Furious.”
But it is Hardy’s contention that the leadership at the Department of Justice, the ATF and perhaps the FBI and DEA are in violation of the Arms Export Control Act of 1976.
Written to make certain that members of the executive branch do not “mistakenly” sell arms to terrorists or tyrants, the Act clearly states that a president selling “defense articles” to another nation must first receive a permit from the Secretary of State. Nevertheless, no permit is necessary if those articles are:
- For official use by a department or agency of the United States government; or
- for carrying out any foreign assistance or sales program authorized by law…
As Hardy rightly concludes, “the firearms involved [in Fast and Furious] were not being exported for official use by an agency, nor as part of foreign aid.”
And although the people who made the straw purchases or transported the weapons across the border are obviously guilty under the Act, administration officials who encouraged or permitted these violations are equally liable, as “principles.”
“Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principle.”
And U.S. gun store owners were certainly “induced” to sell weapons to known straw purchasers by the ATF, just as the DOJ, FBI, and DEA “commanded,” “counseled,” and “procured” the commission of illegal Fast and Furious sales and the transport of those weapons.
How does our government treat private companies or individuals found guilty of violating the AECA? In 2009, John Reece Roth, a former University of Tennessee professor was sentenced to 48 months in prison for sharing technical data concerning the work he was doing for the Air Force.
In 2007, ITT was fined $100 million dollars for transferring classified information about lasers and countermeasures to Singapore.
And this year, Swiss Technologies Inc., a New Jersey defense contractor was fined $1.1 million dollars for sending drawings and specifications of gun parts to a Chinese company so that those parts might be produced more cheaply when fulfilling contractual agreements with the U.S. Defense Department.
Will the Regime remain immune to United States law? Or will the Grassley/Issa committees eventually get around to bringing charges which could result in the downfall of Obama and his cronies!
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