Gun trafficking as compared to William Newell's definition of 'gunwalking'

In discussing "Project Gunwalker," this column tries to observe the perhaps small (but nevertheless important) distinction between directly trafficking guns, and "walking" them. That's why readers will find instance after instance of reference being made here to the Bureau of Alcohol, Tobacco, Firearms and Explosives' (BATFE's) "facilitating the trafficking" of guns. Basically, the accusation being made here is not that the BATFE directly trafficked the guns. Instead, they strongly pressured gun dealers into proceeding with sales those dealers would otherwise never have touched, because of the obviously nefarious intent on the part of the purchasers.

In Tuesday's House Oversight and Government Reform Committee hearing regarding the BATFE's "Operation Fast and Furious," former BATFE Phoenix field division Special Agent in Charge William Newell repeatedly made the startling statement that he believed no guns were "walked" during the operation. The reason, of course, that this statement was startling is that we already know that more than 2,000 guns were "walked," with perhaps 1,700 or more still unaccounted for.

Even Representative Elijah Cummings (D-MD), although a frequent BATFE apologist and enthusiastic supporter of "gun control," seemed more than a little taken aback by Newell's denial, and eventually thought to ask for Newell's definition of "gun walking." The Daily Caller has the quote for us:

“My definition of walking, and I believe it’s a common law enforcement term, is when a law enforcement agency, whether it be DEA or a state or local agency, actually puts some sort of evidence into the hands of a suspect in an undercover operation or an investigation and, for instance, with the ATF it could be one of our prop guns, and then don’t follow up where that is going,” Newell said, adding that he believed his definition of “walking” guns did not happen in Operation Fast and Furious.

Newell's definition of "gunwalking," in other words, would have required the BATFE to have personally armed the cartels themselves, rather than "merely" pressuring gun dealers (and even paying them as informants?) to sell guns to known straw purchasers (and felons?), known to be working for the drug syndicates. Newell seems to have turned the distinction on its head, and gotten the difference exactly backwards.

Now compare Newell's definition of "gunwalking" with Representative Carolyn Maloney's (D-NY) new anti-gun trafficking bill (co-sponsored by Rep. Cummings, and every other Democrat on the Oversight and Reform Committee), H.R. 2554, the "Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011," announced with great fanfare as these representatives' response to "Project Gunwalker." And it was a response--a response intended to distract from the growing scandal (further, very not-for-the-children, discussion here).

‘(a) In General- It shall be unlawful for any person, regardless of whether anything of value is exchanged, to receive, or to transfer or otherwise dispose of to 1 or more individuals, 2 or more firearms that have been shipped or transported in interstate or foreign commerce, knowing or having reasonable cause to believe that such conduct will result in the disposing of 1 or more such firearms to an individual--

‘(1) whose possession or receipt of the firearm would be unlawful; or

‘(2) who intends to or will use, carry, possess, or dispose of the firearm unlawfully.

‘(b) Organizer- It shall be unlawful for any person to knowingly direct, promote, or facilitate conduct that violates subsection (a).

‘(c) Conspiracy- It shall be unlawful for any person to conspire to violate subsection (a).

H.R. 2554 is pure legislative theater, with no chance of accomplishing anything useful, although it would have been interesting to see how much of the Obama administration could have been swept up in the "Conspiracy" provision. Thus, charging someone with, and convicting him for, gun trafficking requires clearing a vastly lower bar than would need to be cleared to meet Newell's definition of "gunwalking."

Remember when public servants were held to a higher standard of conduct than the public they ostensibly served?