You can trust me, I knew nothing about Fast & Furious. When have I ever betrayed your trust before?

The family of slain Border Patrol Agent Brian Terry has threatened to file a $25 million wrongful death suit against the Bureau of Alcohol, Tobacco and Firearms and Explosives, citing the government’s role in Terry’s death. Brian Terry was killed with an AK47 that was knowingly sold to drug cartels under the “Fast and Furious” gun-running probe that has been in place for several years now.

The 65 page suit was served on the government agency on Wednesday according to attorneys for the family. The complaint contends that not only was the ATF negligent in Terry’s death, but at the time, the program is in direct violation of the ATF’s own policies and procedures.

The case is a headache for Attorney General Eric Holder, who is already in hot water over the program. Lawmakers called a hearing about the program and whether Holder has been telling the truth about the program in responding to requests from the House Oversight and Government Relations Committee. Attorney General Eric Holder testified before the House today about his role in the program.  The Republicans on the committee pointed out that the Department of Justice was still withholding 93,000 documents that they now intend to subpoena if the DOJ doesn’t hand them over voluntarily for review.

“Fast and Furious” is the name that was given to the gun tracing operation where agents knowingly allowed gun purchases to Mexican drug operatives so they might be traced to the higher echelons of the Mexican Drug Cartels. They then could pin the guns to the drug cartels to build stronger cases against them if and when they got caught.

Even the ATF that ran the program admits that they lost track of hundreds of weapons and many have been linked to dozens of crimes, including the murder of Border Patrol Agent Brian Terry. Many of the guns have been found in crime scenes.

During the hearing on Capitol Hill this morning, political lines were drawn very quickly, with the House Republicans doing most of the grilling on Attorney General Holder, and the House Democrats using their time on the mic to point out that the Department of Justice did not begin gun tracing programs under the Obama Administration, but under George W. Bush’s term. President Bush had a similar program called “Operation Wide Receiver”, but the big difference is that the previous program was coordinated with the Mexican authorities, “Fast and Furious” is purely American.

Holder did say that Mexican authorities were aware of the program, and they he had warned them there was no effort to track the weapons once them moved across the border into Mexico. In 2006-2007, “Operation Wide Receiver”, operating out of the same Phoenix office of the ATF, allowed approximately 200 guns to “walk” into Mexico in an effort to identify higher-ups in the Mexican drug cartels. From 2009-2011, under the DOJ “Fast and Furious” program, nearly 2,000 guns were allowed to get into the hands of the Mexican drug cartels, some 1,400 of which yet remain unaccounted for.

External Links:

http://www.foxnews.com/politics/2012/02/02/holder-says-no-one-punished-yet-during-testimony-on-controversial-fast-and/#ixzz1lGAFetj5

http://www.weeklystandard.com/blogs/family-border-patrol-agent-slain-fast-and-furious-scandal-sues-atf-25-million_620871.html

Uh oh, his lips are moving...

Trying to keep a campaign promise to make drug sentencing more fair, the Obama administration issued a statement through US Attorney General Eric Holder to the US Sentencing Commission this week to amend its guidelines to reduce sentences for crack offenses. The harsh prison sentences that are levied against crack defendants in comparison to other cocaine users has long been a source of contempt among defense lawyers and civil rights activists because the sentences disproportionately impact minorities.

See the original post here:
Federal Crack Cocaine Offenders May Be Released Early

We won't go after state-legal medical marijuana. No, wait, I meant, we WILL.

The Obama administration has appeared to have flip flopped on it’s position on Medical Marijuana.  Let’s see if he responds.

mlive.com The American Civil Liberties Union is asking the Obama administration to clarify its policy on medical marijuana following apparent inconsistencies in recent months. In a letter to Attorney General Eric Holder, the ACLU sought assurance the government would keep its promise not to arrest and prosecute workers who are complying with the law in states where medical marijuana is legal.

Any use of marijuana is prohibited under federal law. In 2008, Michigan voted to legalize medical marijuana, joining more than a dozen other states. In 2009, the Obama administration said it would not seek to arrest and prosecute users and suppliers who were operating within state law.

However, the administration appears to have changed its position. Recent warning letters from U.S. attorneys are prompting some states to reconsider medical marijuana policies. An Associated Press report quotes one such letter (emphasis added):

We maintain the authority to enforce (federal law) vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.

We will no longer raid medical marijuana states... oh, who am I kidding?

Just another example of why we need full legalization.  A memorandum to ease up on medical marijuana is not a binding or long lasting assurance of anything.  We need to change the laws!

(Americans for Safe Access) It would appear that raids by the Drug Enforcement Administration (DEA) in medical marijuana states have declined since President Obama’s Justice Department issued its infamous memorandum in October 2009. But, in fact, raids have continued at an alarming pace. For example, in the 16 months since the Obama Administration’s policy change, the DEA has conducted at least 43 raids in California, Colorado, Michigan and Nevada. That’s nearly 3 raids per month on average. Although arrests were not made at all of the raids, President Obama’s Justice Department has seen fit to indict and prosecute at least 24 patients and providers in connection with those federal actions. Can this really be the result of a new federal enforcement policy?

Did the American people envision their tax dollars going to such harmful and unnecessary federal actions, especially after a policy was issued claiming that such actions would cease? With popular American support for medical marijuana at more than 80 percent, we think not.

It’s time for the Obama Administration to deliver on its promise to leave patients alone. The DEA must take a hands-off approach to enforcement of medical marijuana production and distribution. Any allegations of local or state law violations should be prosecuted in state court, and not in federal court (i.e. no more federal indictments). In addition, DEA agents should be refusing to assist local law enforcement in raids on patients and providers, period.

Only after the federal government stands down on this issue will states and their localities be able to effectively implement medical marijuana laws passed by the people.

Our buddy, Barack, and his hit-man Eric Holder threw us a bone when they said, as long as you guys don’t break your state laws, we’ll leave your medical marijuana alone. Well, they better talk to the U.S. Attorney Melinda Haag who has said that her office will vigorously enforce federal anti-drug laws against illegal manufacturing and distribution of marijuana, “even if such activities are permitted under state law.”  Methinks Melinda better have a lunch meeting with Barack and Eric.

SAN FRANCISCO (AP) – The warning in a letter from U.S. Attorney Melinda Haag offered the first clear signal that the Justice Department would not tolerate even city-sanctioned growing operations, despite the Obama administration’s hands-off approach to states that have legalized medical marijuana.

“The department is concerned about the Oakland ordinance’s creation of a licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to federal law,” Haag wrote in the letter to Oakland City Attorney John Russo dated Tuesday.

Haag’s letter acknowledges an October 2009 Justice Department memo instructing federal prosecutors to avoid going after patients complying with state laws regarding the medical use of marijuana.

But Haag wrote that her office will vigorously enforce federal anti-drug laws against illegal manufacturing and distribution of marijuana, “even if such activities are permitted under state law.“

Click here to view the embedded video.

US Attorney General, Eric Holder sent a letter on Wednesday to nine former chiefs of the U.S. Drug Enforcement Administration, vowing to “vigorously enforce” drug laws against people who grow, distribute or sell marijuana for recreational use even if California voters pass a measure to legalize it.

Read the original:
The Feds Begin Their Fight Against State’s Rights When it Comes To Cannabis

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(LAist Blog) From lawsuits to raids, around 20 local marijuana dispensaries today were subject of various law enforcement activities. As the DEA served a search warrant to Organica Collective in Culver City this morning, the Los Angeles City Attorney’s office announced the filing of lawsuits against three medical marijuana dispensaries, including Organica, which has been subject of raids in the past.

Somebody's pants are on fire, Mr. Attorney General...

“It’s a separate thing,” explained Sarah Pullen with the DEA. “We were aware of each other’s operation today.” Pullen could not elaborate further than that search warrants being served. Witnesses tell the LA Times that three men were seen detained in handcuffs.

Los Angeles City Attorneys said nuisance and narcotics abatement lawsuits were filed against Organica and two Holistic Caregivers locations for violating the Narcotics Abatement Law, Public Nuisance Law and the Sherman Food, Drug and Cosmetics Law. Organica’s owner, Jeffrey Joseph, is the subject of an arrest warrant for sales of marijuana.

The recent medical marijuana ordinance passed by the Los Angeles City Council has nothing to do with today’s activities as that law has not been finalized. However, the City Attorney’s office contends the sale of marijuana is illegal under state law. Collectives, where the costs of cultivation are shared, are legal, they say.

City Attorneys also “sent eviction letters to owners of 18 different dispensaries and owners of the properties engaged in the sale of marijuana by dispensary employees,” according to a press release.

What was that Attorney General Eric Holder said?

Click here to view the embedded video.

What was that President Obama said?

Click here to view the embedded video.

Meet the new boss, same as the old boss.  We don’t want to hear word parsing excuses – oh, but they aren’t legal under state law; oh, they’re not a collective, etc.  The results are the same: medical marijuana patients being terrorized by federal authorities as they try to get their medicine.

Will you send the armed agents when California votes for outright legalization this November?  Will you cling so desperately to another failed prohibition that you’re willing to pit the federal government against its largest state?

All of this brings to question whether those DEA letters sent to landlords warning of potential forfeiture actions and other penalties are still valid. Asked about the issue several weeks ago, a spokesperson for Attorney General Eric H. Holder did not give a clear answer about the Justice Department’s intentions.

When asked whether landlords who rent to medical marijuana cooperatives are still at risk of asset forfeiture, a U.S. Department of Justice official said it’s not a priority to target those who follow state laws. Department spokeswoman Laura Sweeney said in an email that “as part of the federal government’s efforts to best employ its resources, the Department focuses its investigative and enforcement activities involving marijuana on large-scale drug traffickers whose conduct is often inconsistent with both federal and state law.”

All of this, of course, comes as welcome news to medical marijuana advocates, who say that more than 300 letters were sent by the DEA to landlords in 2007 and 2008. “Since Obama has taken office, we have not seen any letters disseminated,” Americans for Safe Access spokesperson Kris Hermes said.

via Feds may lift forfeiture threat from medical marijuana clinics | Articles | Asset Forfeiture Watch – Asset Forfeiture, Civil Asset Forfeiture, Criminal Forfeiture, Asset Forfeiture Law, Asset Forfeiture Training, Government Seizure.

In case you don’t know about Civil Asset Forfeiture, it is one of the most insidious legacies of the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs.  The basic idea was that if a drug kingpin bought boats, houses, and cars with his ill-gotten drug money, the government can seize those assets, sell them at auction, and use the proceeds to fight more bad guys.  In reality it has meant low-level marijuana users losing their property over a seed or a joint.

In this instance, the feds have been trying to scare landlords in California by sending them letters threatening to seize any properties rented to medical marijuana providers, since in their view, those providers are just drug kingpins.  This also touches on what was Joe Biden’s RAVE Act, the law that allows feds to seize properties used for drug distribution, like “E” at a rave or joints at a concert, whether the owner allows it or even knows about it or not.  Worse, in a forfeiture action, you don’t even have to be charged with a crime – the property is charged with the crime, and it is guilty until proven innocent (e.g., you have to prove you didn’t buy that car with drug money).