Move Over Mark Harmon, Here Comes Andy Traver

Actor Mark Harmon, in this role as Agent Jethro Gibbs, is probably the name most associated with the Naval Criminal Investigative Service or NCIS. That may change with the selection of our old friend Andrew Traver to head NCIS.

Traver was selected by Secretary of the Navy Ray Mabus on Friday to become the Director of NCIS. Unlike promotions to admiral and other high civilian posts, the Director of NCIS does not need Senate confirmation.

"Andrew Traver is absolutely the right person to lead the NCIS," said Mabus. "His strong law enforcement background and experience make him the ideal choice to guide NCIS in preventing and solving crimes and helping to counter those who would do us harm. As a former Naval officer, he understands the Navy and Marine Corps and the evolving security issues we face today."

 Traver is currently the SAC of the BATFE's Denver Field Division and was previously the SAC of the Chicago Field Division. We in the gun community know Mr. Traver as Obama's failed nominee to head BATFE as well as being an anti-gunner.

The Obama Administration is famous for throwing people under the bus and Traver was one of those. After B. Todd Jones was named Acting Director of BATFE, it was clear that Traver would never get the post of Director. This post as Director of NCIS may be his consolation prize for being a loyalist and keeping his mouth shut during the whole time he was being considered for BATFE Director.

Since Secretary of the Navy Mabus is using Traver's former service as a Naval officer as part of the rationale for appointing him to be head of NCIS, I think it is fair to ask more questions about his service. According to the questionnaire he submitted to the Senate Judiciary Committee, he only served in the Navy from November 1985 until May 1987.

United States Navy (Newport, Rhode Island; Coronado, California; San Diego, California; Pearl Harbor, Hawaii/USS Benjamin Stoddert; Glenview, Illinois), Commissioned Officer/O-l Ensign (November 1985-May 1987);

The questionnaire also reports that he left the Navy early as an Ensign with a "Hardship Discharge/Resignation".  The normal service commitment is 3 to 5 years for Naval officers. As I said back in 2010, I wondered why he left a growing Navy that needed officers for its planned 600 ship Navy to join a local police department and then a backwater Treasury Department agency. It still would be interesting to know what the "hardship" was that allowed Traver to leave the Navy before fulfilling his normal service commitment. Given that he won't be going through a confirmation hearing I doubt we'll ever know.

Coincidences

The state of Colorado has been saddled with a number of new gun control measures ranging from restrictions on standard capacity magazines to universal background checks. This has so dominated the news regarding gun rights in that state that I almost forgot about another story that has pretty much flown under the radar.

Last August, the Bureau of Alcohol, Tobacco, Firearms, and Explosives moved around a number of field division heads. The Denver Field Division got a new Special Agent in Charge whose name should be very familiar to readers of this blog - Andrew Traver. At the time of his transfer from Chicago, Traver was still the official nominee to become the Director of BATFE.

Traver had this to say about working in Denver:

“ I am highly encouraged to see the great cooperative relationships ATF has established with our law enforcement partners throughout the entire Denver Field Division,” said Mr. Traver. “We will continue to target the most violent offenders with the goal of reducing violent crime and making our communities safer place s to live.”

I know it is just a coincidence that Traver is the SAC of the Denver Field Division and that Colorado is now saddled with new gun control laws. Still you have to wonder if Mr. Traver was doing any behind the scenes lobbying for new gun control laws.

Andrew Traver - Seeking That Rocky Mountain High?

I'm not sure how I missed this but Katie Pavlich is reporting that Andrew Traver, SAC of the ATF's Chicago Field Division and Obama's nominee to head ATF, is transferring from Chicago to be the SAC of the Denver Field Division.

President Obama's pick for ATF director, anti-gun Andrew Traver, has been transferred from his position as special agent in charge of the ATF Chicago Field Division, to head up the Denver division. According to sources, the move came after Traver felt frustrated his confirmation for ATF director had been stalled in the Senate for nearly a year. The estimated cost to transfer Traver is nearly a million taxpayer dollars, all because his feelings are hurt.

Traver will replace Marvin Richardson (no relation). According to the rumors at CUATF, Richardson will now be the Deputy Assistant Director of the Office for Public and Governmental Affairs replacing Scot Thomasson who is now the Acting SAC of the San Francisco Field Division.

Vincent Cefalu had this to say about the moves on Feb. 11th:

WORD IS:
Andy Traver’s feelings are hurt because he got played as a pawn for the Director job. He told ATF to make things right he wants to be the SAC in Denver. ATF is going to move out the current Denver SAC, who is known to ATF to have offered “lack of candor” answers to the questions of Federal investigators and make give him a spot in PGA, the DAD job recently opened when they moved out Scot Thomason.

FIRST, SINCE WHEN DO WE MAKE MULTIPLE MOVES TO APPEASE ANYBODY. MR. TRAVER, TWO WORDS. MOBILITY AGREEMENT. YOU PICKED CHICAGO NOW STAY THERE AND DO YOUR JOB.RICHARDSON, BE THANKFUL YOUR REPEATED LACK OF CANDOR AND MISMANAGEMENT DIDN'T GET YOU FIRED. YOU STAY IN THE JOB YOU ASKED FOR ALSO.NOW THOMASSON IS AN ENTIRELY DIFFERENT ANIMAL. HE SHOULD BE REMOVED FROM ANY POSITION OF MANAGEMENT SINCE HE IS THE SELF PROCLAIMED HELLS ANGEL RICO EXPERT WHO ALMOST TANKED A GOVERNMENT INVESTIGATION. AND NOT TO FORGET HE WAS COMFORTABLE (FULL WELL KNOWING BETTER), TOUTING THE COMPANY LINE THAT WE NEVER WALKED GUNS. Now, Mr. Jones and Mr. Brandon, what do we the field get for just saving the Bureau and the taxpayers the unnecessary expenditure of a million dollars?

If Melson Goes, What's Next

I think that it is safe to assume that Kenneth Melson is on his way out as Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The testimoney on last Wednesday plus the documents released by House Oversight Committee Chairman Darrell Issa (R-CA) were the nails in the coffin of his short career with ATF.

Moreover, both the Wall Street Journal and FoxNews have reported that the Department of Justice is making moves to replace Melson as head of ATF. They are also reporting that Andrew Traver, SAC of the Chicago Field Division and nominee to be the Director of the agency, is expected to meet with Attorney General Eric Holder and Deputy Attorney General James Cole on Tuesday. Regarding Traver's meeting with Holder and Cole, FoxNews says:

Officials at the Justice Department and the White House say it's "speculative" to conclude that Traver's arrival in Washington is a sign that the Obama administration is looking to oust Melson in the wake of the politically damaging operation.

But The Wall Street Journal, which was first to report Traver's return, said sources indicated that the administration is weighing whether to name him as acting director or choose another interim chief while awaiting Senate action on his nomination.

This leads to three questions: When will Melson be ousted, will Melson roll on his Department of Justice superiors after he is thrown under the bus, and who will replace Melson as head of ATF?

I think the answer to the first question is soon. The Obama Administration has shown no hesitation to throw people under the bus when they have become inconvenient. According to his official biography, Melson has 28 years or so of Federal service starting in the U.S. Attorney's Office for the Eastern District of Virginia. My guess is that he will announce that he has decided to retire.

As to the second question on whether Melson will roll on his DOJ superiors, I think it will depend upon whether any deals are made to assure that Melson does not face any criminal charges over Project Gunwalker and that he can keep his pension. By my estimate, he is looking at receiving close to $100,000 annually in pension income and that is probably a low calculation.

Given that Melson has spent the bulk of his career within the Department of Justice and has risen to the Senior Executive Service ranks, I think it is a reasonable assumption to make that he understands the ways of the DOJ bureaucracy and has low friends in high places with whom he has traded favors in the past. While his outward appearance is that of a bland functionary, he didn't get to be the head of ATF and the Director of the Executive Office of U.S. Attorneys before that on talent alone. He had to do some political and bureaucratic in-fighting to get to that level. The question remains whether it is in his personal interest to take the politicians down with him when he leaves ATF.

Finally, who will be tapped to replace Melson? The obvious answer would be Andrew Traver. He is the nominee to be the permanent Director and a good performance as Acting Director might go a long way to removing some of the objections to him becoming the Director.

That said, the rank and file of ATF agents have given up on Traver. From some of the comments on CleanUpATF.org:

Traver can not lead this agency back. He has already lost any faith or hope by sitting silent. How can a person who is an SES SAC and been publicly named as our nominee sit through the last six months of this agencies events without a uttering a peep? Nothing. No one has heard a word from him. And you call that leadership? More like Rohm (sic) Emanuel's buddy from Chicago is all that is. - "Microscope"

Now that our Bureau is totally defunct and dysfunctional, Melson leaves. Why is anybody even mentioning Travers' name? He was trained and mentored by Martin, Billy, John Torres and is as non-inspirational as any of our leadership currently pending Congressional review. I defy any ATF employee to articulate Travers' views or position on the current state of the Bureau. Whats his opinion? He doesn't have one. He has sat on the sidelines watching the ship go down as the NOMINEE. He didn't want to leave his gravy train in Chicago unless they confirmed him. That's cowardly and self serving.

Not one peep out of him because he's a politician, not a COP. He was a marginal Agent, a poor Supervisor and a worthless Manager. He's in it for personal gain. Otherwise, why did he not demand to take the reins? I'll tell you why, he was told to sit silent and stay out of the fray. Andy, when in command, command. He has an agenda, and there is NO room for agenda in ATF. Only MISSION. Leave the politics to the politicians. Gene Hackman said in the movie the "Replacements", "Players want the ball". Andy doesn't want the ball until Obama and Holder say he can have it. Does that sound like a warrior? OUTSIDE Law Enforcement leadership is our only hope NO MORE Lawyers, and NO more ATF followers like Hoover, Melson, Chait, McMahon and the others. Crazy wiretaps under Martin that got zero guns off the street, but did seized one black rhino horn. No more lies to Congress or like legal, ethical conduct by counsel? No more Thomasson spins. Seriously, Scott? "Mr. Melson continues to focus on firearms violence and stemming the flow of guns."?? Do you read that shit before you put it out?

Word is that Traver has been feverishly throwing together a NEW reorganization all weekend, but you can't just reorganize and make this go away. And why would you, without having boots on the ground before you start knee jerking?

It's all just SMOKE and MIRRORS. - "Doc Holliday"

Traver might be an improvement but he seems secretive, withdrawn and unimaginative. This is not my role model of somebody to lead us out of a very dark place. - "Valkyrie"

If the Obama Administration is smart, they will appoint a respected law enforcement official - retired Chief of Police or retired head of another Federal law enforcement agency - from outside of ATF to take over the agency as a caretaker while they begin to clean house starting with the Chief Counsel's Office. Unfortunately for ATF, I don't think they are that smart.

UPDATE: The Washington Post is reporting on the meeting scheduled today between Andrew Traver and DOJ officials. An official speaking anonymously states that Traver may be offered the job on an acting basis and that Kenneth Melson will be ousted.

The interesting part of the story is that other law enforcement sources report that Melson believes he has done nothing wrong.

But law enforcement and other sources said Melson has told associates that he believes he has done nothing wrong. Officials said the White House is watching the situation warily and is concerned about the ATF but has not asked for Melson’s resignation.

The conflicting reports reflected the troubled state of a small agency that enforces federal gun laws but is itself increasingly in the crossfire.

If Melson believes in his own mind that he has done nothing wrong then all bets are off about him leaving ATF quietly. In the past, the Obama Administration has depended upon loyalists making the sacrifice willingly to protect the President and the administration from more controversy. This could get very interesting very quickly and Eric Holder could end up being the loyalist thrown under the bus.

If Melson Is On The Way Out At ATF, Does This Mean Traver?

The Wall Street Journal is reporting that Kenneth Melson, Acting Director of BATFE, may be ousted as early as next week over his role in Project Gunwalker. Moreover, they report that Andrew Traver is slated to travel to D.C. for meetings with Eric Holder next week.

Mr. Traver is set to travel to Washington on Tuesday to meet with Attorney General Eric Holder and Deputy Attorney General James Cole, the people said. The administration is weighing whether to name Mr. Traver as acting director or choose another interim chief while awaiting Senate action on his nomination, they said.

Remembering now-Chicago Mayor Rahm Emanuel's immortal words of "never letting a crisis go to waste",  this could be the golden moment for Andrew Traver and his supporters. As a reminder on Mr. Traver's background and ties to the gun control industry, I point you back to my post "Who Is Andrew Traver".

Mike Vanderboegh, who was the first to mention Traver, reminds us that as heir apparent for much of the last year, Traver has been constantly briefed on Project Gunwalker.

As the guy who first broke the news of the Traver nomination in early July of last year, I'll tell you this: The Traver confirmation hearing will cover a whole bunch of skeletons. Remember that Traver has been the heir-apparent for some time. THAT MEANS HE WAS CONSTANTLY BRIEFED ON WHAT BECAME THE GUNWALKER SCANDAL BEGINNING LAST YEAR. The question then becomes what did HE know and WHEN did he know it.

Remember, the hearing will be in front of Charles Grassley. I think you can count on the Resistance to provide him with a whole ream of questions for the virulently anti-firearm freedom Mr. Traver.

Mike also speculates that Melson will roll as it is now obvious that he is being thrown under the bus. He would, of course, be able to say what he told his DOJ superiors about Project Gunwalker and would be able to testify who he told in DOJ. As Darrell Issa made painfully clear to Assistant Attorney General Ronald Weich, he wants to know who in DOJ authorized Project Gunwalker and saying it was a rogue ATF operation just isn't going to cut it.

Overshadowed By Events

The Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives issued a press release on Thursday which detailed what they termed as their "mid-year significant adjudications".

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Chicago Field Division Special Agent in Charge Andrew Traver released a list of the top investigations undertaken during the first half of fiscal year 2011. The Chicago Field Division encompasses the entire State of Illinois.

"Chicago ATF has been very successful in obtaining significant judicial outcomes so far this year for a range of criminal defendants that represent the results of using the full spectrum of ATF’s arsenal of investigative techniques from the basic felon in possession of a firearm case to the very sophisticated RICO conspiracy gang prosecution," said Traver. "Of course, the majority of these outstanding criminal prosecutions were only made possible through the dedicated cooperative efforts of our federal, state and local law enforcement partners, and we’re only getting started."

Another way of looking at this release is that it is Andrew Traver's way of saying "I'm still here guys!" given how he and his nomination to be head of ATF have been overshadowed by the unfolding revelations of Project Gunwalker. As to the events described in the release being significant, let's just say that a full third of the "significant adjudications" involved a felon in possession of a firearm.

ATF Shakes Up Leadership Of Phoenix Office

Allen Lengel at Tickle the Wire is reporting that Thomas Brandon, the head of the Detroit ATF, office will temporarily fill in as head of the Phoenix Field Division.

Brandon will fill in for the Phoenix special agent in charge, William D. Newell, who has been sent to Washington to help prepare and answer questions about Operation Fast and Furious for Congress and the Office of Inspector General, the sources said.

Newell joins Jim Needles, an assistant special agent in charge of the Phoenix Division, who has been temporarily assigned to Washington to also help prepare answers for the various inquiries, sources said. Another assistant special agent in charge of the Phoenix office has taken a sick leave. It is unclear where all the agents involved in the moves will wind up, and whether they’ll return to their old posts.

"Another assistant special agent" would be George Gillett who has requested whistleblower status from Senator Chuck Grassley's office.It was only yesterday that a leaked memo on CleanUpATF reported the Gillett was acting head of the Phoenix office from Monday through Friday. Things must change fast in Arizona!

To: Phoe-CE Supervisors; Phoe-940Staff; Phoe-IO Supervisors
Sent: Mon Apr 11 13:13:42 2011
Subject: Designation
In accordance with ATF O 1100.168, ASAC George Gillett is designated as the acting SAC for the period of 4/11/11 – 4/15/11. He can be reached at (602) 776-XXXX, or on his cell phone (602) 653-XXXX.

Mike Vanderboegh at Sipsey Street Irregulars takes up the story on the field reaction to Newell and Needles being temporarily reassigned to Washington and on Gillett going on "sick leave".  Follow the link to his page to read more.

As many have noticed, little has been heard or seen of Andrew Traver throughout this whole scandal. David Codrea's Freedom of Information Act (FOIA) request did uncover a couple of emails which pointed to Traver. Those give an indication that he may not be so out of the loop on the Headquarters' reaction as he and the Obama Administration would have us believe.

Along those lines, Michael Bane warns that we need to be watchful that Traver isn't being repositioned as the clean white knight sent in to clean up the Operation Gunwalker mess.

One thing to watch for is the White House using the current ATF scandal to create the next ATF scandal by shoving Chicago thug Andrew Traver down Congress' throat as the new head of ATF. Traver's career is rife with conflict of interests — working with International Association of Chiefs of Police and the Joyce Foundation promoting antigun causes — and overtly lying to the media on the difference between a "semiauto" and a "machinegun."

His most recent weekly podcast, Downrange Radio, also discussed Operation Fast and Furious as well as Traver.

www.StopTraver.org

The NRA-ILA has set up a new webpage called StopTraver.org to help oppose the confirmation of Andrew Traver as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The page has links to info sheets on Traver as well as the means to quickly send a personalized letter to your state's Senators.

If you would like to know more about Andrew Traver, just do a search in the box in the upper left corner of this page. I have many posts on Traver including his background, career, his backers, and those who oppose his nomination.

Senate Judiciary Committee Posts Material On Andrew Traver

The Senate Judiciary Committee has posted the material they have received in support of Andrew Traver's nomination to be the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The materials include answers to the Committee Questionnaire, press releases involving Traver, speeches and appearances made by Traver, and finally interviews with the press by Traver while he has been serving as SAC of the Chicago Field Division.

Included are the official letters of support on the nomination from the following law enforcement groups:

* February 8, 2011 - Major Cities Chiefs Association
* January 24, 2011 - Major County Sheriffs' Association
* January 18, 2011 - National Organization of Black Law Enforcement Executives
* January 12, 2011 - National Sheriffs' Association
* December 9, 2010 - National Narcotic Officers' Associations' Coalition
* December 9, 2010 - International Association of Chiefs of Police
* December 7, 2010 - Women in Federal Law Enforcement

Most of the law enforcement groups have a record of being anti-gun rights. For example, National Organization of Black Law Enforcement Executives (NOBLE) passed a resolution in support of the Brady Campaign. The IACP, Major Cities Chiefs Association, and the National Sheriffs Association all are on record as opposing the Tiarht Amendment.

There are no major surprises in the material submitted. One does get a sense of Traver's willingness to demonize certain firearms as seen in this from a 2006 press conference announcing prosecutions of gang members:

THESE FIREARMS ARE REPRESENTATIVE OF THE FIREARMS SEIZED DURING THIS INVESTIGATION. THE AK-47 TYPE ASSAULT RIFLES ARE DEVASTATING, HIGH-CAPACITY WEAPONS THAT FIRE A ROUND EASILY CAPABLE OF PENETRATING POLICE BODY ARMOR. WE CONDUCTED A TEST WHERE WE PLACED A BALLISTIC VEST IDENTICAL TO THOSE WORN BY ATF AGENTS ON THE STREET ON A TARGET ST AND AND SHOT IT WITH A .40 CALIBER HANDGUN. THE VEST EASILY STOPPED THE BULLET. THEN WE SHOT THE VEST WITH AN AK-47 - THE BULLET COMPLETELY PENETRATED THE VEST AND EXITED THROUGH THE BACK LEAVING A GAPING EXIT WOUND THE SIZE OF TWO CLENCHED FISTS.

The same could have been said about a Winchester Model 94 lever action carbine in .30-30. The average bulletproof vests worn by law enforcement are rarely capable of stopping any centerfire rifle bullet.

I did get one question answered. I had wondered in the past why Traver's Navy career appeared to be so short. According to the answers he submitted to the Committee's Questionnaire, Traver received a hardship discharge/resignation and left the Navy as an Ensign (O-1) in May 1987. He had only been assigned to his first duty assignment, USS Benjamin Stoddart, for approximately 9 months. The next month he started working in law enforcement for the Crystal Lake, IL Police Department and for ATF a few months later. I don't know enough about Navy Bureau of Personnel (BUPERS) operations to know whether his hardship discharge was unusual or not. (If anyone does know about BUPERS hardship discharges for officers, I'd be interested.)

There is no hearing date set for Traver. There is some speculation that the delay is due to Project Gunwalker and the fear of the questions that Sen. Charles Grassley would ask of Traver. As David Codrea notes in his Gun Rights Examiner column:

The only question seems to be is the decision to hold off on what the anti-gun choice lobby deems a “crucial position” was initiated by Chairman Leahy, by the nominee himself, or by his Justice Department handlers.

The answer to David's question would be interesting.

Illinois Senators Send Letter Supporting Andrew Traver

It has been a while since we have had any news to report on Andrew Traver - President Obama's anti-gun nominee to be Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Thanks to Senators Dick Durbin (D-IL)  and Mark Kirk (Rino-IL), we have something. They sent a joint letter yesterday to Obama expressing their support for Traver.

In a press release that announcing the letter, they urged the NRA to reconsider it opposition to Traver and give him a second look. A different version of the release sent to local newspapers gives the impression that Traver's nomination was supported by NSSF.

Traver’s efforts to combat gangs and violent crime in Illinois have drawn bipartisan praise, and his efforts to work cooperatively with the firearms industry have been applauded by industry leaders such as National Shooting Sports Foundation Senior Vice President Lawrence G. Keane.

This is incorrect and NSSF has posted a demand for a retraction on their website which could explain the different versions of the press release.  Neither NSSF nor Larry Keane have endorsed Andrew Traver to head ATF and they object to the phrasing of the letter to Obama. The full text of the letter from Durbin and Kirk is below.

February 4, 2011

The Honorable Barack Obama
President of the United States
The White House
Washington, D. C.

Dear Mr. President:

We commend you for nominating Andrew Traver to be Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF has been without a Senate-confirmed Director since 2006, and this lack of leadership has hampered our nation’s efforts to combat street gangs and drug cartels and to keep guns out of the hands of criminals. It is long past time for the ATF Director position to be filled, and we believe the record will show that Mr. Traver is the right man for the job.

ATF is a major federal law enforcement agency with approximately 5,000 officers and field division offices located in 25 U.S. cities and 5 foreign countries. While ATF has a dual role as regulator of the U.S. firearms industry and as primary enforcer of federal firearms laws, ATF performs other vital missions critical to our homeland security. For example, the agency plays leadership roles in combating Mexican drug cartels, coordinating the federal law enforcement security response to potential attacks involving weapons of mass destruction, and investigating incidents involving explosives and arson. ATF additionally serves as a key partner in efforts to combat the violent street gangs that plague many of America’s cities. It is critical that the agency have a Director who can manage the agency’s operations and carry out these functions effectively.

We believe Mr. Traver is an exceptional nominee for ATF Director. A Navy veteran and a cancer survivor, Mr. Traver is a 23-year veteran of ATF who served for the last four years as Special Agent in Charge of the ATF Chicago Field Division. Under his leadership, the ATF Chicago Field Division has spearheaded major investigations and enforcement actions against numerous Chicago-area street gangs, including the Latin Kings, the Gangster Disciples, and the Aurora Insane Deuces. Mr. Traver’s efforts to combat gangs and violent crime in Illinois have drawn bipartisan praise, and his efforts to work cooperatively with the firearms industry have been applauded by industry leaders such as National Shooting Sports Foundation Senior Vice President Lawrence G. Keane. We know Mr. Traver personally and can vouch that he is a no-nonsense, results-oriented leader who takes seriously his commitment to enforcing the laws on the books.

We are aware that the National Rifle Association issued an early initial statement opposing his nomination. We believe the NRA should take the opportunity to hear Mr. Traver present his case for confirmation and to permit a review of his qualifications by the Senate Judiciary Committee. The NRA commendably waited until after hearings had taken place before taking a position on the nominations of Sonia Sotomayor and Elena Kagan to the Supreme Court. As a veteran and decorated federal law enforcement officer, Mr. Traver deserves similar respect for the service he provided the nation in and out of uniform.

It is crucial to the security of our nation and our citizens that we enable ATF to effectively carry out its mission and enforce the law. We will urge our colleagues to judge Andrew Traver’s nomination on the merits and are confident that they will find him to be an outstanding nominee. He has served his country and Illinois with distinction and we believe the record will show he deserves to be confirmed.

Sincerely,

Richard J. Durbin         Mark Kirk

Why Is ATF Involved And Not DEA?

I've subscribed to the press releases from BATFE headquarters and certain of their field divisions. I think it is smart to keep tabs on what they are doing. I got the following press release sent out by the U.S. Attorney's Office for the Northern District of Illinois.

McHenry County Man Charged with Federal Drug Trafficking Charges

ROCKFORD — PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, together with ANDREW L. TRAVER, Special Agent-In-Charge of the Chicago Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and KEITH NYGREN, McHenry County Sheriff, today announced:

A federal grand jury in Rockford yesterday returned an indictment charging BRIAN M. BLUM, 31, of McHenry, with two counts of distributing cocaine. If convicted of the offenses charged, Blum may be sentenced up to 30 years of imprisonment, as well as a fine of up to $2,000,000, for each count. Blum will be arraigned on January 19, 2011, at 10:30 a.m. before Magistrate Judge P. Michael Mahoney in the federal courthouse in Rockford.

The case was investigated by Special Agents of the Rockford Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the McHenry County Sheriff’s Department with the assistance of the United States Marshals Service. The case will be prosecuted in federal court by Assistant United States Attorney Joseph C. Pedersen.

Members of the public are reminded that an indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial at which the government has the burden of proving that defendant's guilt beyond a reasonable doubt.

Beyond the self-serving nature of this press release, why is ATF involved in a drug case and not the DEA (Drug Enforcement Administration)? It would seem outside of their assigned mission of alcohol, tobacco, firearms, and explosives. Am I missing something here?

Another By-Product Of The Tucson Shootings

Beyond the call for more gun control, another by-product of the shootings by the madman in Tucson is an upsurge in the media calling for the confirmation of Andrew Traver.

Helping to push this is Mayor Bloomberg and his Mayors Against Illegal Guns. They are calling for "common sense" measures. Number three on their list released on January 11th is this:

Fill the Leadership Gap and Appoint an ATF Director – The Bureau of Alcohol Tobacco Firearms and Explosives, the federal law enforcement agency responsible for fighting gun crime, has operated without a Director for four and a half years. President Obama has nominated Andrew Traver, a career law enforcement officer, to fill the position. The nomination has the strong support of Mayors Against Illegal Guns, and the Senate should give Mr. Traver a careful and prompt review to help ATF spearhead the fight against gun crime.

From Jonathan Alter in Newsweek comes this from a piece entitled Can Obama Turn Tragedy Into Triumph? Saturday’s shooting spree could prove a turning point in the Obama presidency. How the White House should talk about the tragedy:

Finally, the president should speak out forthrightly for better enforcement of existing gun control laws, which the gun lobby is always fighting to undermine. He should re-state his support of Andrew Traver to be head of the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF). The NRA is currently blocking the nomination because Traver once had the temerity to serve as an adviser to a police association on its gun violence reduction program. Obama can reiterate his (and Giffords’) support for the 2nd Amendment while using this chance to make a case for common sense gun control.

Alter is hoping that Obama could turn the shootings in Tucson into an Oklahoma City bombing sort of event and use Jared Loughner just like Bill Clinton used Timothy McVeigh.

The New York Daily News devoted an entire editorial to the Traver nomination accusing "NRA toadies in the Senate" of keeping the Bureau of Alcohol, Tobacco, Firearms, and Explosives without a permanent Director. In typical, over-the-top, Daily News fashion they said:

The truth is, the National Rifle Association and its puppets in Congress push just as hard to hogtie enforcement as they do to gut the nation's all-too-feeble statutes.

And the prime example is their blockade against confirming a permanent chief for the Bureau of Alcohol, Tobacco, Firearms and Explosives - the federal front-line force against gun trafficking.

In the editorial they also try to link the shootings at Virginia Tech, Fort Hood, and Tucson to the lack of an ATF Director. They conclude by urging Senators to confirm Traver saying "As bodies pile up, it's the least they can do." Obviously, they haven't heard Obama's call for civility in political discourse.

In California, the Sacramento Bee has picked up the call for Traver saying that we shouldn't let the NRA dictate who should be "the top gun cop." After dismissing Traver's cozy relations with the gun ban lobby, they say:

The bureau responsible for enforcing the nation's gun laws has not had a permanent director since 2006. Senate Republicans even held up the Bush administration's appointee to the post at the behest of gun-rights groups. The bureau is under siege by the powerful gun lobby as illegal gun trafficking within the United States and abroad is rife. Our neighbor, Mexico, is being held hostage by vicious and well-armed drug cartels that buy their weapons in the United States.

The NRA is pushing so-called reform legislation that would make it even harder for law enforcement agencies to prosecute illegal gun dealers. In the face of relentless pressure from the gun lobby, Congress and even the president have shown themselves unwilling and unable to support even the most common-sense gun-safety laws.

Traver's nomination is a test for the nation and its lawmakers. If a cop with an exemplary record of going after illegal gun sales can't win confirmation as ATF director following last Saturday's rampage, we are likely to see more Tucsons, more Columbines and more Virginia Techs.

These incendiary editorials have just begun as well as the push for more gun control - ineffective though it would have been in preventing Jared Loughner from doing this deranged act. We can expect more calls and more pressure on Senators to approve Andrew Traver.

If you haven't called, written, emailed, or faxed your two Senators, what the hell are your waiting for? Do it and do it now.

UPDATE: In what should be no surprise, NPR is the latest media outlet reporting that ATF has been without a permanent Director and asking why Traver hasn't been approved.

The Senate has yet to hold a hearing on Traver. A Judiciary Committee aide says the panel is waiting for the administration to submit the necessary paperwork.

Cavanaugh says the lack of a Senate-confirmed director with the backing of the president is disconcerting.

"The agency goes on because law enforcement people are 'can do' people and they're mission people, but nevertheless there's not an agency in government that has to face that kind of problem," he says. "Can you imagine a big city police force not having a chief for 4 1/2 years?"

And while that might suit the gun lobby, gun control advocates hope the shootings in Tucson will spur the administration to push for Traver's confirmation.

For some reason, James "Waco Jim" Cavanaugh must be the only former ATF person in the mainstream media's Rolodex. Rachel Maddow had him on within the last week and now NPR uses him to push their story. Heck, even the SPLC has used Waco Jim.

NRA Opposes Traver Re-nomination

From the NRA-ILA:

NRA Strongly Opposes Obama’s Re-nomination Of Anti-Gun-Leaning Andrew Traver To Head BATFE

Friday, January 07, 2011


This week, President Obama re-nominated Andrew Traver to be director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Obama first nominated Traver on November 17, 2010, but the Senate Judiciary Committee failed to act on his nomination.

Last November, NRA strongly opposed Obama’s nomination of Traver. Our strong opposition has not changed.

Traver has been deeply aligned with gun control advocates and anti-gun activities. This makes him the wrong choice to lead an enforcement agency that has almost exclusive oversight and control over the firearms industry, its retailers and consumers.

Please contact your U.S. Senators and urge them to oppose Andrew Traver’s ill-advised nomination to head BATFE. You can call your U.S. Senators at (202) 224-3121.

He's Baaaaack!

Among a whole list of re-nominations sent by the White House to the Senate is that of Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives. I guess Obama really does think he can poke us in the eye again with this anti-gun nominee.

The website Main Justice notes that Traver's nomination is opposed by the NRA and other gun rights groups as well as that the agency has not had a permanent director since 2006.

No word yet from the Brady Campaign on this nomination. However, Dennis Hennigan praised it last December as the beginning of the end of Obama's "appeasement" of gun rights forces.

While I really don't think Traver can get approved by the Senate given his record of anti-gun activism, I think his renomination actually can serve a useful purpose for gun rights. The confirmation hearings will be an opportunity to air much of ATF's dirty laundry which has been ignored by the mainstream media. These range from gross mismanagement in the upper levels of the bureau to allegations of looking the other way to AR's being smuggled into Mexico so that they could be traced back to the U.S.

David Codrea's Gun Rights Examiner has a number of columns dealing with these issues as does Mike Vanderboegh's Sipsey Street Irregulars blog. Sources within ATF are now sending substantive leaks to both of these sites because they are so disgusted with what is going on.

The dissident ATF agent website, CleanUpATF.org, is also full of details about how the bureau is being mismanaged. If one wants to get a feel for how the rank and file in the ATF are suffering under the mismanagement, this is the place to go.

Given all the dirt that can and will come out at Traver's confirmation hearings, one must wonder if this is some sort of end game to abolish ATF which has served as lightning rod for the gun rights movement and then reconstitute its gun control functions in a less public part of the Federal bureaucracy. That would be truly Machiavellian if true!


H/T Sebastian

112th Congress Convenes And No More Recess Appointments

Andrew Traver is out of luck in terms of getting a recess appointment. The 112th Congress, 1st Session convened at 12 noon today.

Checking the White House website regarding any more recess appointments, the last - and only ones - were made on December 29th.

Now it remains to be seen whether Obama will renominate Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives. If he does, the chances of being confirmed by the Senate are even less today than they were in November. When the Senate went into sine die adjournment on December 22nd, they returned Traver's name to the President.

ATF, Chuck Schumer, and Andrew Traver

Mike Vanderboegh at Sipsey Street Irregulars has a very interesting post on the Traver nomination being sent back to the White House. Rumor has it that the Traver nomination was sent back with the full approval of notorious anti-gunner Senator Chuck Schumer.

The Chief Counsel's Office at ATF has a reputation for being a nest of vipers. That comes from both ATF agents in the field and pro-gun advocates. They also have good relations with Schumer and have been at his beck and call for years.

The rumor is that Andrew Traver wanted the Chief Counsel's Office cleaned out before he arrived so he wouldn't have to do it. Because of that the CCO worked with Schumer to have the nomination killed or at least stalled.

Remember this is all rumor and conjecture on Mike's part but he was the first one to call the Traver nomination. It was Mike's first post on Traver that got me to doing Google searches on the guy. Read his whole post linked above in the first paragraph.

Obama Makes Six Recess Appointments But Not Traver

Yesterday, the White House announced six recess appointments. Four were ambassadors, one was to the position of Public Printer (head of the Government Printing Office), and one as Deputy Attorney General.

From my perspective this is important not for who was appointed but who wasn't - Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Of course, Obama still could make Traver a recess appointment as the new Congress doesn't begin until January 5th. My guess is that if no more appointments are made by Friday, then these six are it.

John Elwood at the Volokh Conspiracy goes into detail on the mechanics of these appointments and recess appointments in general.

Will Obama Poke Gun Owners In The Eye Again?

The Senate adjourned on December 22nd. With that adjournment, the nomination of Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives fell by the wayside. The Senate neither voted to confirm nor deny his appointment so if Obama still wants Traver as Director of ATF he will need to resubmit his name to the Senate.

According to the Congressional Research Service:

Nominations Returned to the President

Nominations that are not confirmed or rejected are returned to the President at the end of a session or when the Senate adjourns or recesses for more than 30 days (Senate Rule XXXI, paragraph 6). If the President still wants a nominee considered, he must submit a new nomination to the Senate. The Senate can, however, waive this rule by unanimous consent, and it often does to allow nominations to remain “in status quo” between the first and second sessions of a Congress. The majority leader or his designee also may exempt specific nominees by name from the unanimous consent agreement, allowing them to be returned during the recess or adjournment.

Checking the Congressional Record (page S11071) for December 22nd, Andrew Traver's nomination was specifically mentioned as being returned to the President. Along with him were a number of other nominations including many judicial nominations.

The website, Main Justice, first reported on this yesterday, noting that Traver had faced "strong opposition from the National Rifle Association." David Codrea notes that we are not out of the woods yet in his Gun Rights Examiner column.

Gun owners dodged a bullet—but only one. Without individual senators, including nominally “pro-gun” Democrats, taking a stand and publicly opposing Traver, and without them pledging further opposition and consequences if Obama attempts a recess appointment end run, we’re not out of the woods yet.

Joe Huffman at the View from North Central Idaho offered this wry assessment of the situation.

I think this means we will have a more gun friendly Senate to review Traver’s background with the Klan Joyce Foundation.

Two questions remain regarding Andrew Traver. First, will Obama renominate him now that Rahm Emanuel is no longer Chief of Staff? As reported earlier, Emanuel was the person in the Obama White House who was pushing Traver. Without Rahm as his champion, is the controversy over Traver worth it to Obama?

The second question is whether Obama is so committed to sticking it to us "bitter clingers" that he will make Traver a recess appointment. He has until 11:59am on January 5, 2011 to make that decision. My gut reaction is that he punts and there won't be a recess appointment. The Brady Bunch and their ilk are just not worth the bad will that would ensue.

MAIG And CredoAction Push Traver In Joint Website

Michael Bloomberg's Mayors Against Illegal Guns and CredoAction have formed a joint website to push the nomination of Andrew Traver to head ATF. The website is called TopCopNow.org. They say that Traver:

Special Agent Andrew Traver has dedicated his career to keeping our families and communities safe from gun violence. He understands firsthand the challenges that the ATF faces and knows what our agents need to keep guns out of the hands of criminals.

CredoAction is a one of the parts of the liberal funding group Working Assets. The group promotes their credit card, cellular service, and long-distance telephone service as a way to support "progressive causes". With regard to CredoAction, they say, "Our CREDO Action Web site plugs you into a network of like-minded citizen activists and provides easy and effective ways to take action on the issues you care about.." Among the other causes they are promoting currently is the START Treaty and opposition to the crackdown on Julian Assange and WikiLeaks.

Bloomberg's Mayors Endorse Andrew Traver

Somehow along the way I missed this press release from MAIG. They released it in November with their endorsement of Andrew Traver.

November 16, 2010
No. 9

STATEMENT OF MAYORS AGAINST ILLEGAL GUNS CO-CHAIRS BLOOMBERG AND MENINO ON PRESIDENT OBAMA’S NOMINATION OF ANDREW TRAVER AS ATF DIRECTOR

Joint Statement of Coalition Co-chairs Michael R. Bloomberg and Thomas M. Menino:

“On behalf of the more than 500 mayors who have been petitioning for tougher
enforcement of our nation’s gun laws, we commend the President on his nomination of Andrew Traver to lead the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Mr. Traver has dedicated his career to keeping guns out of the hands of criminals, and his nomination to this post as America’s top cop on illegal guns deserves careful and swift review by the U.S. Senate.”

About Mayors Against Illegal Guns

Since its inception in April 2006, Mayors Against Illegal Guns has grown from 15
mayors to over 500. Mayors Against Illegal Guns has united the nation’s mayors around these common goals: protecting their communities by holding gun offenders and irresponsible gun dealers accountable, demanding access to trace data that is critical to law enforcement efforts to combat illegal gun trafficking, and working with legislators to fix gaps, weaknesses and loopholes in the law that make it far too easy for criminals and other prohibited purchasers to get
guns.

Contact: Mayor Bloomberg’s Press Office (212) 788-2958
Mayor Menino’s Press Office (617) 635-4461

UPDATE: David Codrea at the National Gun Rights Examiner received a very interesting email from a confidential source regarding the Traver nomination. The bottom line is that this nomination is not good for ATF. As the source put it, "Appointing Traver has f***ed ATF royally."