Everytown has a new strategy to put gun makers out of business. (Photo: NRA-ILA)
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) caved to pressure from the anti-gun group Everytown for Gun Safety this week when it revoked the federal firearms license of a gun maker in Nevada.
Everytown joined forces with Kansas City officials in filing a lawsuit against the ATF last year. In the lawsuit, the plaintiffs claim the federal agency had improperly issued a federal firearm license to JA Industries, which the plaintiffs claim was knowingly selling firearms to gun runners.
In response to the lawsuit, the ATF announced this week that they had issued JA Industries a notice of revocation of its firearms license. The agency did not take this action in response to a court order — they did so “voluntarily,” according to their letter. Everytown claims this is a “first-of-its-kind victory for gun safety.”
“We can only hope this decision marks the beginning of a new era at ATF, one that is consistent with President Biden’s commitment to holding rogue and reckless members of the gun industry accountable for breaking the law and putting lives in danger,” said John Feinblatt, president of Everytown for Gun Safety. “After decades of serving as the gun industry’s lapdog, it’s time for ATF to do its job and be the American people’s watchdog.”
As GunsAmerica reported last year, Everytown claimed JA Industries and its owner, Paul Jimenez, had been selling firearms to illegal gun dealers in Kansas City. But according to an affidavit written by an ATF agent, it’s unclear how much Jimenez and his employees know about that illegal activity.
The Kansas City gun runner who purchased firearms, James Samuels, usually ordered the firearms from Jimenez and had them sent to a local FFL. At one point, however, Samuels had 11 firearms shipped directly to his house. When Jimenez Arms employees contacted Samuels and asked him about straw purchasing, he claimed that his FFL had moved and assured them that he made buyers pass a background check before purchasing.
In its list of “allegations” against Jimenez, Everytown accuses the gun maker of selling cheap guns “that are particularly attractive to traffickers.”
They also claim that Jimenez was cited in 2012 and 2017 for “serious recordkeeping violations,” but the ATF decided to hold a warning conference in lieu of revocation. If those violations were so “serious,” it’s unclear why the ATF didn’t revoke Jimenez’s license.
Of course, whether Jimenez deserved to have his license revoked is beside the point. Now, Everytown knows to go after gun dealers and manufacturers by suing the ATF, and Biden’s ATF will respond according to their wishes.
JA Industries was an easy target, given its connection to a convicted gun runner. But you can be sure that we’ll see more of these lawsuits while an anti-gun president runs the Department of Justice.
I do not think I know anything like enough about the two mass murders in the USA to have much to say about them yet. So here are some inconclusive musings.
But I note here that, as in all my writings on such subjects , stupid people are banned from reading what follows. If you don’t know whether you are stupid or not, I also advise you not to read it. If you find yourself thinking that I am trying to excuse mass murder, then that means you are definitely stupid, for I am clearly not doing that. You should go and lie down until the mood has passed. Alas, the stupidity will persist.
…crucial facts do not come to light for long months, even years, after these events – if they ever do. In my experience, police all over the world are sublimely uninterested (in Britain actively uninterested) in the drug use of the perpetrators of such crimes, and often only stumble across them by accident.
But there are some features of the El Paso, Texas, and Dayton, Ohio, killings on which I will comment. As usual, the reporting concentrates upon the horror of the crimes, as it must. It is then swiftly followed by standard-issue editorialising about guns and gun control of the usual sort. This neglects to notice that mass gun ownership is not new in the USA, but dates back to the foundation of the country. Yet these rampage killings only really began about 50 years ago, and have been growing more common in the past five years. So in simple logic, the free availability of guns alone cannot be blamed for these incidents.
But in this case there is also quite a lot about the supposed ‘right-wing extremism’ of one of the two accused, the alleged El Paso killer Crusius. (Not the other killer though, see below) I have discussed the significance of such affiliations here in long posts on the Jo Cox murder here https://hitchensblog.mailonsunday.co.uk/2019/04/my-reply-to-the-secret-barrister-.html
My questions, as to what might have caused Fields to become mentally ill enough to be rejected by the US Army in the first place, were not purposeless. I stick by my belief that, if you find a mentally-ill young person in the modern world, you will almost certainly find a current or former marijuana user. But this grows harder to establish definitively, as police in many jurisdictions long ago gave up even cautions or diversion programmes for those found in possession of marijuana, and are not interested in probing it now. In fact they are positively uninterested, because the connection makes their abandonment of law-enforcement look foolish. So while five or ten years ago their drug abuse might have been recorded, it is not now.
More than a year after his crime, in November 2018, the range of drugs (potentially amphetamines, ‘anti-anxiety’ medication and SSRIs) , which Fields may have been legally taking, possibly all at once, was briefly revealed at his trial: https://www.nbcnews.com/news/us-news/james-alex-fields-trial-deadly-charlottesville-white-nationalist-rally-set-n939991 The key passage reads : ‘Fields later told a judge he is being treated for bipolar disorder, anxiety, depression and ADHD.’
‘Treated’, of course, means ‘given drugs’. We still do not know what illegal drugs Folds may have taken before he became mentally ill. But it is not hard to guess.
I recently checked for the latest information on the mass murderer Roof, whose crime has been attributed to a political motive (though as usual it is hard to see how such a filthy act could possibly have aided any cause to which it is attached) and found this https://www.latimes.com/nation/nationnow/la-na-dylann-roof-20170202-story.html . His admitted problems include a ‘Mixed Substance Abuse Disorder, a Schizoid Personality Disorder, depression by history, and a possible Autistic Spectrum Disorder.’”
Well, that is pretty much evidence of substance abuse. Which substance or ‘mixed substances’ would you guess might be involved here in the origins of the stated ‘disorder’ ? Me too. Likewise the word ‘Schizoid’ tends to be associated with drug-related mental illness. ‘Depression’ is generally treated with powerful SSRIs, and Autistic Spectrum Disorder can be treated with Risperidone, an antipsychotic. In modern America, none of these things would be considered abnormal enough to merit special note, especially once Roof’s crazed action had been attributed to the white supremacist opinions which he holds, insofar as such a person can be said to hold opinions. To me, and to anyone familiar with the subject of side-effects of legal medications, and indeed the problems associated with marijuana, these are flashing red lights. But they emerged quietly 18 months after he was arrested for the murder of nine people, and long after most people had lost interest in the case.
I strongly recommend that you follow the link. There is much fascinating material in it which you will not easily find elsewhere, about unhinged people and religious and political affiliation.
My point is that it is possible for people who are unhinged (usually by legal or illegal psychotropic drugs and sometimes by both in succession) to espouse ostensibly political views, but this does not necessarily mean that they can correctly be classified as political actors. I know too little about Crusius to say anything other than ‘Can we wait for a bit more information?’
But in reports that I have seen, the strong interest in Crusius’s supposed right-wing extremism (I note that the suggestion that he posted a raving manifesto before his alleged crime is as I understand it not yet proven) is not matched by concern about alleged left-wing opinions held (according to the ‘Heavy’ website) by the (now dead) suspect in the Dayton, Ohio killing, Betts . See for example https://heavy.com/news/2019/08/connor-betts/
Attempts to analyse Betts’s Twitter feed (I use his original spellings etc) found that ‘he described himself as “he/him / anime fan / metalhead / leftist / i’m going to hell and i’m not coming back.” He wrote on Twitter that he would happily vote for Democrat Elizabeth Warren, praised Satan, was upset about the 2016 presidential election results, and added, “I want socialism, and i’ll not wait for the idiots to finally come round to understanding.” The Greene County Board of Elections lists his party as “Dem.” ‘. When Donald Trump was elected President he is said to have tweeted that ‘This is bad’.
I don’t propose to make anything of this in itself. Rather the opposite
These vague semi-literate mutterings obviously cannot be used to attempt any link between Betts and the American left. And, by the way, I am not suggesting any equivalence between seething racial bigotry and peaceful mainstream Democratic Party leftism, in case anyone was hoping to pin that on me. They are obviously utterly distinct. To make such a connection between Betts and the Democrats would obviously be absurd. In which case, perhaps some similar caution should be observed in the case of Crusius. This is not to exonerate any purveyors of hate. What they do is wrong even if it has no connection with Crusius. It is to avoid misunderstanding the reasons which led to this crime, because we are anxious to give it a political explanation.
Crusius’s alleged actions may well be as unconnected to his supposed politics as those of Betts, though I doubt my plea for this will get much of a hearing.
What I am saying here ( see especially the Muhaydin Mire case, referenced above) is that crazy people quite often adopt political causes to make themselves feel important and part of a movement. But they do this because they are crazy, not because they are really political in nature. The affiliation is part of their craziness, and can’t be equated with the genuine, rational political affiliations of sane people. The interesting question is ‘why are there now so many more crazy people than there used to be?’
I still wonder what, if anything, these two alleged culprits will turn out to have objectively in common, when we know all that there is to be known about them – if we ever do. But until we do, I must be inconclusive, and speculative. So please don’t tell me I have reached any conclusions here. As Sherlock Holmes always said, it is a capital error to theorise without data. Not, alas, that it stops everyone else.
On September 25, 1925, Spike O’Donnell flattened as Frankie McErlane sped by bullets spraying wildly over the corner of 63rd and Western. O’Donnell walked away from the shooting unharmed and unaware he had survived the first Chicago gang shooting involving a Thompson submachine gun.
A month later, after practicing with the novel weapon. McErlane returned. This time, he successfully wounded O’Donnell brother and a new deadly era in gang warfare had begun.
The Thompson submachine gun weighed 8 1/2 pounds and could fire up to a thousand 45 caliber pistol cartridges per minute.
At close range, It could pierce quarter-inch steel armor plate or cut a man in half. Since the Thompson was a totally new type of weapon, no existing gun statutes regulated it – and anyone could buy one by mail or from a sporting goods store.
In 1925, the average Thompson retailed for 175 USD.
Northwestern University law school alumnus, National Rifle Association member and owner of Sports Inc., Peter Von Frantzius specialized in arming the city’s criminals. As the Thompson gained in popularity, Von Frantzius became the area’s chief supplier.
Al Capone was fascinated by the distructive power of McErlane’s “Tommy Gun” and acquired Thompsons for his own men.
Capone’s purchases were always legal; crooked judges issued gun permits for Capone and his mobsters. Several members of the gang, including Capone, carried actual Cook County Deputy badges, complete with the right to bear arms!
This February, Bruce Harrell, newly installed as mayor of Seattle, made it official that his city has gone into decline. “The truth is the status quo is unacceptable,” he said in his first state of the city address. “It seems like every day I hear stories of longtime small businesses closing their doors for good or leaving our city.” But it’s not just small businesses. In mid-March, Amazon announced that it was abandoning a 312,000-square-foot office space in downtown, citing concerns over crime.
That such woes should afflict one of the richest cities in the country, with a median household income of over $100,000, cannot be blamed on economic decline. Yet much of Seattle’s core looks like a pockmarked ghost town. Businesses on both sides of Third Avenue, a major thoroughfare, are boarded up. Blocks from the Four Seasons hotel and the Fairmont Hotel, tents crowd the sidewalks, and drug users sit under awnings holding pieces of foil over lighter flames. Traffic enforcement is minimal to nonexistent. The year 2020 saw a 68% spike in homicides, the highest number in 26 years, and the year 2021 saw a 40% surge in 911 calls for shots fired and a 100% surge in drive-by shootings. Petty crime plagues every neighbourhood of the city, and downtown businesses have paid hundreds of thousands of dollars to fund their own security.
What happened to Seattle? The answer, of course, depends on your politics. In the news section of the Seattle Times, for instance, a reader is unlikely to see any consideration of a link between policing and public safety. “No single cause for 2021’s surge in gunfire in Seattle,” declared a typical recent headline over an article that points only to possibilities such as the pandemic or an unlucky cycle of “retaliatory violence”. But the majority view in Seattle appears to have shifted toward an acknowledgement that the unrest and destruction that occurred after the killing of George Floyd in 2020 marked a turning point and that the city’s policies toward its police force, whose ranks are now depleted, are relevant to understanding the story. What follows, based on interviews with a number of past and present police officers — five of whom are on the record in this article — is an attempt to offer an obvious but unheeded perspective. It is a cop’s-eye view of Seattle’s undoing.
On Monday 25 May 2020, in Minneapolis, a man named George Floyd died after police officer Derek Chauvin pinned Floyd face-down on the pavement with a knee to Floyd’s neck for over eight minutes. Video footage of the incident circulated around the world in the days that followed. One of those to watch it was T.J. San Miguel, a canine handler who had moved from the Big Island of Hawaii to join the Seattle police in 2008. “I thought it was disgusting,” she says of Chauvin’s actions. “You don’t do that to somebody. That’s just basic fucking stuff that we knew and learned and had trained on for years and years. It became pretty apparent that there’s a big difference in training and tactics and procedures in the West Coast versus East Coast and other places.”
The knee to the neck also surprised J.D. Smith, a Marine veteran of the first Gulf War and a Seattle police officer since 1998. Smith had spent years pursuing drug dealers, killers, and pimps and had subdued a lot of people. “That’s not even a proper technique,” says Smith. “We put a knee in between the shoulder blades, and it never chokes anybody out.”
Matthew Kruse, a young patrol officer who had joined the force in 2018, was struck that a handcuffed man would fail to get immediate medical care. “Especially in Seattle, we really emphasise once they’re in handcuffs and they’re under control you turn to the medical attention,” he says. “It’s kind of ingrained, but it’s also just doing the right thing. Do you need something? Do you want to get checked out by medical? If I have water on me, do you want some water?”
But any potential differences between the police in Seattle and those in other places mattered little to the mood of the city in the late spring of 2020. Protests spread from Minneapolis across the country, and the first large-scale demonstrations took shape on Friday night, 29 May, in Seattle’s Chinatown district. Matthew Kruse was among the cops standing guard. “We go down there, and we’re in the riot gear, and people were pleasant,” he says. “For the first three hours, I was just having a conversation with people.” After 10 o’clock, though, the mood shifted. “People were throwing stuff,” Kruse says. “They were starting to shine flashlights in our face.”
On Saturday, the crowds grew destructive. Groups of protesters shattered windows up and down the retail corridors of downtown and emptied many of the stores of their merchandise. Some of those in the crowd torched police cruisers parked outside of the Nordstrom flagship store at Pine Street and 6th Avenue. Protesters also pulled firearms, including M4 rifles, out of the abandoned vehicles. Mike Magan, a robbery detective who had been on the force for over three decades, was home that evening, watching the mayhem on a screen. “I was beside myself,” he says. He recognised the abandoned van of a co-worker, whom he phoned. The colleague, a forensics video specialist, answered in a whisper and said that he and other colleagues were taking shelter in the Nordstrom’s and videotaping what they could of the violence outside.
The following morning, Magan got called into the office to start investigations of 30 to 40 people who’d been arrested for crimes such as trespass, burglary and property destruction. Five or six hours in, he began to suspect they’d given the police false names. But there was no point looking into it further. “We found out they’d all been released from custody prior to even being questioned,” he says.
The bedlam in Seattle caused police leaders to institute a so-called “blue/gold” schedule, meaning that officers had to work 12-hour shifts up to seven days a week. Christopher Young, a detective in the investigative support unit (previously named the criminal intelligence unit), who has been on the force since 1994 and never experienced such a schedule, calls June 2020 “the most stressful month of my life”. Young found himself working 16-hour days for weeks straight. “Even our homicide detectives were sitting at their desks working their cases in battle dress uniforms with their helmets ready to run outside to protect their own office building,” he says, adding that an eight-hour day is already demanding in the world of policing, where split-second decisions are the norm. “There’s been plenty of criticism of how we handled it, but people don’t realise how stressful it was just from the sleep deprivation alone.”
“In May of 2020, our political leadership considered us a necessary evil. In June of 2020, they started to think that we were an unnecessary evil,” says Seattle police officer Chris Young (Chona Kasinger)
Of the hundreds of businesses that reported being damaged or looted over the weekend, Nordstrom’s flagship store was the most prominent. There had been an attempt by someone to set it aflame. On 1 June, Mike Magan and a colleague from the Seattle bomb unit entered the site to look for possible video footage. The first floor, he says, was destroyed. “All the jewellery cases had been smashed,” he says. “All the cosmetics were gone. All the makeup was gone. Shoes were gone — bags. Everything.” As for tracking down the looters, that wasn’t on the agenda. “We were told: you will not investigate any of those things,” Magan says. “The city attorney wouldn’t file charges on them.”
That night, Magan, who had been out of uniform for decades, had to don riot gear to guard the East Precinct on Capitol Hill. Demonstrations began peacefully but changed after dark. “We were getting pelted with bricks, rocks, frozen water bottles,” says Magan. “There were shots fired. Here I am, 33 or 34 years on the department and I’m like: why am I on the front line here?”
The 12-hour shifts exhausted everyone, including the younger officers. Matthew Kruse was working from 7pm to 7am, mostly on his feet, and if he was out on patrol he had to have riot gear with him in the car in case he was needed for crowd control. Once a week or fortnight, he’d get a day off and spend it all sleeping. “Some nights I slept at the police station,” he says. “And I remember at least a couple of times I just slept in my car, because I was like, if I try to drive home I’m going to kill myself or someone else.”
J.D. Smith, stationed at the West Precinct near the turmoil, was spared a direct confrontation with the violence. His job at the time was to process online crime reports, which were now rolling in faster than ever. But he could see the toll being taken on his coworkers when they returned to the station from the protest sites day after day. “The looks on their faces — it just reminded me of the Gulf War,” he says.
When the protests grew violent, police officers began to use various non-lethal weapons to control the crowd, including pepper spray and tear gas. This led to complaints, lawsuits, and stinging condemnation in the local press. On 5 June, Seattle’s mayor, Jenny Durkan, declared that officers “do not need to be using tear gas at protests as a crowd management tool” and banned the use of it for 30 days. Many officers felt they were being asked to maintain order in violent crowds while surrendering all of their crowd-control tools. “People were throwing bottles and rocks, and we had to split this thing up. God forbid after multiple, multiple, multiple warnings that we’re gonna throw gas, guys, you better disperse, we throw gas,” says J.D. Smith. “So then what? Oh, Seattle PD, look how heavy-handed they are.”
Seattle has never been as police-friendly as some other cities, but outright hostility to law enforcement had until 2020 been confined to a minority of residents. Lots of officers on the force had even been accustomed to positive public attention. T.J. San Miguel and her German Shepherd, Pele — named after the goddess of volcanoes in Hawaii, San Miguel’s native home — had been featured on “America’s Top Dog,” a series putting dogs through obstacle courses, and had cheery write-ups for her work. Mike Magan received regular cards from people he’d helped and, when Covid hit, even a crate of cleaning supplies from one grateful Vietnamese-American family whose jewellery store he had saved when he tracked down four robbers and got all of the stolen goods returned. J.D. Smith became a brief celebrity in 2016, when while off-duty he pulled over on a mountain pass on Interstate 90 to rescue an unconscious woman from a flaming car. All of the cops could point to times when they’d helped save a victim from a bad guy.
T.J. San Miguel and her German Shepherd, Pele have been featured on “America’s Top Dog”. (Chona Kasinger)
Prior to the summer of 2020 the department had been receiving encouraging communications from the mayor’s office, and city officials were planning to ask the federal government to lift a consent decree that had been imposed on the Seattle police in 2012. In 2016, Barack Obama had even invited the department’s then-chief, Kathleen O’Toole, to the State of the Union, and a federal judge had ruled in 2018 that the city was in “full and effective compliance” with the decree. T.J. San Miguel expected that city officials would take a moment to let the worst of the public anger pass and then speak up for their police force. “I’m like, okay, it was horrible and people absolutely need to say what they need to say,” she says. “So we’re going to give it a minute here in our department, but then our city is going to say: Hey, that was horrible. It was disgusting. It was bad. And guess what? You’ll never see that in the Seattle Police Department.”
That statement did not come. Mayor Jenny Durkan announced on 3 June that the city would no longer seek to lift the consent decree. Seattle city council member Teresa Mosqueda vowed to lead an “inquest” into the budget of the Seattle police and said she wanted to cut funding by half, a view echoed by fellow council members Tammy Morales and Kshama Sawant. City Council president Lorena Gonzáles blamed the police response to the protests for turning “our densest neighbourhoods” into a “complete war zone”.
“In May of 2020, our political leadership considered us a necessary evil,” says Chris Young. “In June of 2020, they started to think that we were an unnecessary evil. Every cultural institution in the city turned on the police.” That included educational institutions. In early June, Young, as a parent of children in Seattle Public Schools, was one of thousands of recipients of an email from school superintendent Denise Juneau announcing that cooperation with the police would be suspended in light of “the perpetuation of systemic racism, the murders of Black people by police officers across our country, [and] the violence displayed by some law enforcement officers here in Seattle”.
The perspective was palpable on the streets, too. T.J. San Miguel would hear jeers out of open windows on Capitol Hill. “You have people in an apartment several stories high just yelling and screaming at you as you’re out there walking down the block,” she says. In one case, a crime victim had called for police help, only to start showering the responding officers with anti-cop abuse when they arrived. “It was very shocking,” she says. “And it’s just like: Okay, bye, have a nice night.”
“We were hated,” says J.D. Smith. “We were literally hated overnight.”
On Sunday 8 June, Matthew Kruse and coworkers from the North Precinct got an order to go down and help back up his colleagues in the East Precinct on Capitol Hill. The plan, he says, was to let crowds march past the precinct unimpeded, unless there was criminal activity, and Kruse and his colleagues were stationed a couple of blocks away, watching the area on camera. No one was trying to break into the precinct, says Kruse, but people started to pitch tents near it. At that point, according to Kruse, a police captain went over to talk to the protesters. “He started talking to protesters and telling them, hey, you guys have got to move along, and they got in a verbal altercation,” says Kruse. “Then they [senior officers] came back to us and said we’re just going to let them stay there and do their thing.” The East Precinct, already boarded up, was now abandoned.
News of the surrender of the East Precinct hit cops hard. “I just felt sick,” says Chris Young. “It was humiliating.” Matthew Kruse found the about-face on holding the fort versus leaving it insulting. “At first they had said: no, we’re not going to let them take the precinct,” says Kruse. “The next day it’s being cleared out.” J.D. Smith remains incredulous. “I’m still embarrassed,” Smith says. “We gave away a precinct.”
What followed for the next few weeks was an impromptu test site for improvised maintenance of public order in what came to be called the Capitol Hill Autonomous Zone, or CHAZ. A few days into the CHAZ, the New York Times described it as “an experiment in life without the police — part street festival, part commune.” Donald Trump weighed in from the Oval Office to condemn it. “Domestic Terrorists have taken over Seattle,” he tweeted. Seattle’s mayor, Jenny Durkan, responded, “It’s not terrorism. It’s patriotism.” Asked by CNN’s Chris Cuomo how long the CHAZ would last, Durkan quipped, “I don’t know. We could have the summer of love.”
For police stationed out of the East Precinct, there was no base of operations anymore. “They couldn’t deploy from there,” says Matthew Kruse. “They had to deploy from the West Precinct or North or South or Southwest or any other precinct. So response times got slower, and that affects everyone from a shop owner to a person who lives there.”
Where some observers saw a harmless street fair others saw something more menacing. “All these businesses are failing and they’re asking for help,” recalls J.D. Smith. “There is nothing, and I mean zero, we can do because the mayor is saying summer of love.” Chris Young says that officers received an email instructing them not to enter the six-block zone of the CHAZ, although he made his way into the off-limits area after some unsuccessful arson attempts against the precinct building. “I was sent with a fancy camera to take pictures of the crime scene of where they tried to burn it down,” says Young. “You had to go by a checkpoint with guards, and God knows what they’d do with me if they found out I was a cop. I had to basically go undercover to sneak in and look at my own precinct.”
Graffiti at the CHAZ, June 12, 2020. (Credit: Chona )
On Saturday 20 June, about 12 days after the East Precinct was vacated, T.J. San Miguel got called in to respond to a shooting of two men in the CHAZ, one of whom was now in a serious condition. “So everybody just goes rolls down there and then, you know, they have to come up with a plan,” she says. “Like, how are we going to get in there?”
By the time a group of officers made it into the CHAZ, they were told the most endangered victim was already being taken to the hospital by activists on the scene. Over the radio in her car outside the CHAZ, San Miguel heard that the victim was being driven in a plain white van toward the Harborview Medical Center, and she happened to look up. “There’s this van driving just crazy,” she says. “The back doors are open and swinging. There’s a bunch of people in the back of the van working, I guess, on this person that was just shot, and I’m just like, oh my god.” San Miguel decided to alert Harborview and escort the van there. “I just jumped ahead of it, lights and sirens,” she says, “and I blocked all the intersections as it went, so it safely got there and no other cars got in the way of it.” In the end, the victim, 19-year-old Horace Lorenzo Anderson, made it to Harborview but didn’t survive.
The CHAZ lasted another ten days after that, until Wednesday 1 July, when officers reclaimed the precinct without a struggle. In the meantime, a 17-year-old had been shot in the arm on 21 June, a 30-year-old male shot and wounded on 23 June, and two black teenagers, 14 and 16, shot and wounded on 29 June as they drove into the CHAZ. The older of the two, Antonio Mays Jr., died of his wounds. Witnesses have stated that members of CHAZ security were the ones who opened fire on them, but police have never tracked down the responsible parties.
Despite the retaking of the East Precinct, the city continued to be racked by protest and strife throughout July, with further vandalism and looting by a subset of the protesters, few of whom ever faced charges. City officials continued to direct their ire toward the police department instead, and on 10 August the Seattle City council voted to cut the pay of senior police staff, including Chief Carmen Best, who enjoyed widespread respect from officers on the force, including all of those interviewed for this article. “It was demoralising,” says Chris Young. “She was a great chief and a very progressive leader who happens to be black. But she still got run out of town on a rail because she wouldn’t agree that her department needed to be abolished.”
Carmen Best immediately announced her resignation. At that time, T.J. San Miguel, who calls Best “excellent, just excellent,” was already deep into looking for an exit. A move like that, when she’d spent years to secure the job of her dreams, working in the K-9 unit, would have been unthinkable in the recent past. She considered herself one of the biggest cheerleaders of the department. But the hostility from the city in June and July changed her outlook. “I realised I could do everything completely right, and if the optics aren’t good, then they’re going to hang me out to dry,” she says. “Once I came to that realisation, it was like a bad breakup where you just shut somebody off.” San Miguel left the force when Best did.
A change in public safety began to be noticeable across the city, not just in protest zones. Seattle’s city attorney, Pete Holmes, and King County’s prosecuting attorney, Dan Satterberg, had always taken a lenient approach to so-called quality-of-life crimes, but after June 2020 they began to ease up across the board toward a range of other offences. Most of those who committed vandalism or looting during the protests escaped any punishment. Matthew Kruse said that storeowners would call the police about shoplifters, not realising that prosecutions of that offence had effectively ceased. On one occasion Kruse and his partner watched a man walk into a store, shoplift about $20 in goods, and walk out. “He was like, what are you guys going to do — arrest me?” says Kruse. “And we knew we weren’t going to arrest him, because with any misdemeanour stuff, we had to go through the prosecutor, and stuff like that wasn’t going to get prosecuted. You could I.D. the suspect and could get a full confession, and they were going be like, ‘We’re not gonna take it.’”
One case in which prosecutors did take action proved to be the last straw for Matthew Kruse’s partner. It involved a shooting that, according to Kruse, everyone involved in investigating believed to be obvious self-defence. A 40-something white Seattle male with no criminal record had shot a homeless Hispanic male who had attacked him in a parking lot at night. The directive from the prosecutors’ office was to jail the man in preparation for pressing murder charges, Kruse recalls, “because of the optics.” Kruse says the case went to trial and ended in swift acquittal, but Kruse’s partner, disgusted by what he viewed as politicised decision-making, quit his job.
With an incentive structure that made officers feel they had little to gain and much to lose from taking the initiative on crime prevention, cops began a dramatic — and some would say resentful — pullback in enforcement. Patrol officers no longer drove or walked about looking for suspicious behaviour like someone climbing a fence but stayed put and responded after the fact. Mike Magan said that one of his colleagues got investigated and punished for responding to a call of shots fired without logging into his computer first. “It was like we were biting our own necks, and you began to see that a lot of these officers would go park their cars at certain location and not go out and patrol,” he says. “You could track the cars and you could see that these officers were parking in parking garages.”
Kruse wanted to keep patrolling, even if it was in a more low-key way, but one day his supervisor advised him to avoid it. “I was told straight to my face: don’t leave the precinct unless you’re going to a call,” Kruse recalls. “He says: I’m looking out for you, still fresh in your career. I don’t want you to get in trouble for doing the right thing.” Kruse says a lot of his coworkers began to rely on an imaginary colleague they dubbed “Officer Time,” so named because most criminal behavior stops on its own after a while. “If it’s a shoplift, the building is going to close, or if it’s someone that’s just trespassing, they’re eventually going to leave,” says Kruse. “So just let them off and let Officer Time handle it.” Kruse quit in October of 2020. The following month, the city council voted to cut the budget of the department by 20%.
For Mike Magan, the pullback in enforcement spread even to his fellow detectives, causing him to hit breaking point. “One of the robbery squads just decided they weren’t going to work anymore,” he says. “They wouldn’t leave the office, they wouldn’t help you on search warrants, they wouldn’t come out and conduct interviews with you. They wouldn’t come out and track video. It was heartbreaking.” Magan couldn’t stand it and decided to retire early. He had banked eight months of sick leave that he intended to exhaust prior to his official departure date, but his ordinary work hours ended after February of 2021.
An exodus of officers led to a manpower shortage that prompted J.D. Smith to quit as well. As someone whose interactions with the public were mostly online at this point in his career, Smith was relatively cushioned from classic hazards of the job. The severe shortage of officers, however, made him certain that he’d be put back into uniform and on street patrol, which he believed spelled trouble for someone out of practice. “It’s tough even when you’re out there every day,” he says. “But you take somebody who has been off the streets for 10 years — they’re rusty.” Returning to the work of chasing down violent criminals in a time of hostile public scrutiny seemed untenable. Smith picked April Fool’s Day of 2021 as his date of retirement. “I had eight more years,” he says. “I needed to stay, financially, but I decided no, I’m going to quit.”
The departing officers left a severely diminished department. Even before the unrest of 2020, the number of officers in the Seattle Police Department was low by the standard of other cities. With about 1,400 police officers in 2019, or 18.5 officers for every 10,000 residents, policing in Seattle could never be as comprehensive as in New York City, where the ratio is 43.6 officers for every 10,000 residents, or Washington, D.C. where it is 54 per 10,000. But with 186 separations from the department in 2020, nearly three times the historical annual average, and another 150 or so in 2021, Seattle started 2022 with well under 1,000 deployable officers department-wide.
Almost all of the officers spoken to for this article seemed to be in low-key mourning over their alienation from the city they served. “I loved going to work every day, and I had a fantastic career,” says Mike Magan. “It’s a beautiful city, but I watched it go from really good to really bad.”
“The mayor and the city council were telling us, basically, that we’re the bad guy,” says J.D. Smith. “The truth is 99% plus of us are amazing people that are only there for the reason that I was there: I don’t like people in fear, and I don’t like people in pain.”
“I’m actually a Left-wing guy on just about every issue,” says Chris Young. “I want the United States to be a Scandinavian-style welfare state. So I’m very sympathetic to people’s concerns.” Forming a complementary department of 100 people comprising community service officers, social workers and others who could do the sort of enforcement that doesn’t require a gun would have been a worthy experiment, Young feels. “But they didn’t do that,” he says. “They just demonised the police and chased good people out of town. It was, let’s slash budgets and hope something good happens.”
Today, T.J. San Miguel works for the police department of Marysville, a town about 30 miles north of Seattle. She had to take a $10-an-hour pay cut, she says, and abandon her work with Pele, starting over as a patrol officer once more. (She did get to keep living with Pele, who is now a full-time pet. “She’s fat and happy,” San Miguel reports.) But the first day of patrol among Marysville residents was a revelation. “People told me face-to-face: We love you. We support you. Thank you for doing your job,” she says. “People were waving. You couldn’t buy your own coffee.”
Matthew Kruse found a job in the police department of Lynnwood, a suburb about 15 miles north of Seattle. Like San Miguel, Kruse was astonished by the contrast between his new workplace and the one he left. In Lynnwood, he says, cops crack down on illegal drug paraphernalia. When someone gets a warrant to show up in court and fails to show, police will arrest the person for ignoring the warrant. When someone shoplifts, that person gets arrested and charged. “I ask people when I catch them shoplifting up here in Lynnwood, ‘What are you doing up here?’” he says.
J.D. Smith moved to Idaho, near Priest River, not far from the Washington border. “It’s affordable, and it got me out of the area,” he says. “I have a chance to start a new life and not be a police officer anymore. I’m hanging the badge up.”
Mike Magan moved to Bozeman, Montana, where he is building a house. In the months that followed his departure from the office, he continued to show up whenever he was needed to wrap up a serious case and make sure the perpetrators were prosecuted. But most of that work has wound down. “I look forward to the transition,” he says. “But I do miss it.”
Remaining on the force is Chris Young, who has seen repeated changes of role as more and more of his colleagues leave. “A few months ago I was just a detective. Now I’m a permanent acting sergeant,” he says. “Half the people in my unit are gone.” Any lull in enforcement that might have existed in the fall of 2020 has long since been replaced by a frantic rush from call to call, as ever fewer officers confront ever higher numbers of crimes.
Part of Young’s job now is to keep more people from leaving, even as the city steps up efforts to repopulate the force. Last October, as vaccine mandates caused even more officers to leave, the mayor put in place an emergency order offering $25,000 bonuses to new hires. But the mindset of the city seems to have mattered just as much to the officers in this story as financial considerations. “My young rockstar detectives are sniffing around these other departments where they’ll get treated like royalty,” Young says. “How do I compete with that?” The answer to that may depend on how much Seattle cares.
How would you or I be treated under the same circumstances? (acaben: Creative Commons Attribution-Share Alike 2.0 Generic license)
U.S.A. – -(Ammoland.com)- “Plaintiff has failed to proffer evidence sufficient to ‘warrant a belief by a reasonable person that the alleged Government impropriety might have occurred,’” Department of Justice Principal Deputy Assistant Attorney Brian M. Boynton, Assistant Director Marcia Berman, and Trial Attorney Laurel H. Lum argued in a Defendant’s Reply In Support Of Its Motion For Summary Judgment filed Friday in the United States District Court for the District of Columbia.
In short, the Bureau of Alcohol, Tobacco, Firearms and Explosives has no intention of admitting if it investigated claims corroborated by Hunter Biden in his laptop computer regarding his gun because doing so, they claim, would be “an unwarranted invasion of [his] privacy.”
At issue: Based on a reported timeline and his own admissions and conduct, buying the gun would have required Biden to lie on the ATF Form 4473 question about using controlled substances, which is a felony.
“Plaintiff … argues instead that Mr. Biden waived that privacy interest by abandoning a laptop that allegedly contained text messages from Mr. Biden that referred to his firearm and a ‘police investigation,’” the motion contends. “But, even if this was so, acknowledging a police investigation is not the same thing as acknowledging an ATF investigation.”
Funny they should stick with “allegedly” in light of revelations that the laptop story had been dismissed as a “Russian disinformation”-provoked conspiracy theory until just recently when it was revealed that the story was true. That’s despite denials from highly-placed “intelligence experts,” spiking by The New York Times, and active suppression by social media giants Twitter and Facebook, all resulting in information, including of Joe Biden’s involvement in his son’s foreign “business dealings,” being withheld from the electorate during the 2020 primaries, “disenfranchising” supporters of other Democrat candidates and general election voters.
It’s curious that ATF’s previous position, as stated in a letter from almost one year ago to the day from Adam C. Siple Chief Information and Privacy Governance Division to attorney Stephen Stamboulieh, stated:
“Please be advised that a search has been conducted in our N-Force and TECS databases. N-Force and TECS are the systems of records that contains all investigative files compiled by ATF for law enforcement purposes. Based on the information you provided to us, we were not able to locate any responsive records subject to the Freedom of Information Act.”
Why the sudden change in official position? Was this initial response true, and if not, who has the power to compel an admission of what is, if not the courts?
Now compare that to the response from the Secret Service, which submitted an affidavit under penalty of perjury that it too could also find no responsive records. Since Biden reportedly specifically named the Secret Service as being part of the investigation in a text entry on his laptop, the logical follow-up question is “Who were those guys?”
“Moreover, ATF employees are not responsible for prosecution decisions,” the motion adds. “They can only refer an investigation to a U.S. Attorney’s Office, which then has discretion over whether to bring a prosecution.”
Nor, evidently, does the media. Don’t look for the Hunter Biden gun story on “news” outlets with a near-absolute reach like CNN, ABC, CBS, NBC, The New York Times, The Washington Post, and others. “The usual suspects” who couldn’t be bothered to mention the laptop story, except to try to discredit it (just like in Operation Fast and Furious “gunwalking” before that), have no interest in assigning a “real reporter” with the backing, connections, and resources to do a deep dive.
As for specific reports acknowledging the FOIA request and complaint being stonewalled by the Biden administration, ask yourself why, despite much evidence compiled in multiple reports since November 2020, no one outside of AmmoLand will even mention it.
Lies of omission can be even more insidiously destructive than the in-your-face kind. This makes it not just fair, but existentially essential to freedom, to wonder what else we’re not being told.
ATF’s Motion for Summary Judgment follows:
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
The Los Angeles Police Department held a gun buy-back event across the greater L.A. area Saturday morning.
The Police Department is growing concerned about the rise in “ghost guns” on the street. Ghost guns can be assembled by unlicensed buyers from kits and are virtually untraceable because they lack serial numbers, according to police.
The ghost gun buy-back event was held at five locations Saturday morning — three in south L.A., one in Wilmington and the other in Van Vuys.
In exchange for turning in a ghost gun or any unwanted firearm, police officers handed out gift cards worth between $100-200.
In November, the L.A. City Council passed an ordinance to prohibit the possession, purchase, sale receipt and transportation of ghost guns.
“Starting on April 1, if you are in possession of a ghost gun, it is a misdemeanor crime, and you’re looking at some jail time and a financial penalty for that,” said LAPD Captain Rodolfo Lopez. “
I came of age in the ’80s. Ruby Ridge and Waco defined my worldview. Regardless of who started it or who was at fault, the country I served and loved had no business letting that happen. I distrusted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as a result. It was burned into my DNA.
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Project Gunrunner: How the ATF Turned On a Confidential Informant
Now fast forward a couple of decades. I got to know a couple of the local ATF guys well. I saw them as committed and patriotic law enforcement officers, because that’s what they were. They own guns themselves and are in it for the right reasons. If you disagree with my assessment, I would challenge you to get to meet some for yourself and draw your own conclusions.
I’ve had an FFL/SOT for more than a decade. I meticulously follow the rules. Every time I have had a problem, question, or inspection, the ATF has been responsive, supportive, friendly, and fair.
On a more global scale, however, it’s hard not to feel that the ATF as an agency has an innate bias against and antagonism toward American gun owners. The recent arbitrary reclassification of the Q Honey Badger pistol as an SBR is the archetypal example. Right, wrong, or otherwise, much of the ATF decision-making transpires behind a veil of secrecy. This leaves those of us on the receiving end frustrated, confused, and frankly alarmed.
ATF Source Material
Rick Vasquez is the former Acting Chief of the ATF Firearms Technology Branch. He works as a consultant nowadays through Rick Vasquez Firearms, LLC., but his insights into the inner workings of the ATF are unrivaled. He graciously submitted to this interview.
Vasquez arrived at the FTB before the move to Martinsburg, W.V. The FTB has the task of dissecting guns and gear and then rendering judgments based upon how those devices fit into the labyrinthine dicta that comprise U.S. firearms law. The folks tasked to do that work are the technicians.
The expectation for ATF FTB Techs is to be mechanically adroit subject matter experts on the technical aspects of firearms, as well as the pertinent laws and regulations. Vasquez said these techs are generally gun guys themselves. You either have the gun nerd gene or you don’t; that’s not something that can be readily taught.
“When I arrived, the five techs were holed away in a linear office sharing a single set of tools,” Vasquez said. “By the time we got everyone settled in at Martinsburg each work station featured its own bench and sophisticated tool set. Known industry experts, as well as firearms manufacturers both domestic and foreign, provided additional training, and we formalized the training program. This created improved information sharing and synergy, resulting in a technician with a deep level of gun knowledge. The technicians also received formal training on all aspects of the GCA, NFA, import law, and rulings that concerned their classifications. Many of the senior personnel retired, taking with them knowledge that required years to accumulate. New training allowed the modern technicians to far exceed this knowledge.”
The techs understand guns and the law, make technical assessments, and have little to nothing to do with policy. They aren’t the problem.
How Could the Honey Badger Ruling Happen on Trump’s Watch?
Here’s a poorly kept secret: Nobody ever really gets fired from bureaucratic government positions. Those responsible for the Operation Fast and Furious debacle that led to the death of a U.S. Border Patrol agent just got reassigned. You could trade state secrets to a foreign national in exchange for kiddie porn and suffer little more than an onerous weeklong ethics refresher class. As a result, most of the current administrative leadership, as well as the ATF attorneys, date back to the Obama era.
The ATF hires FTB Technicians for their technical skills. ATF attorneys, however, are crusaders. Vasquez explained that they gravitate toward the job with the mindset that they are out to save the American public from guns. Couple this with career administrative leadership cultivated during the eight years of the Obama/Biden administration and you have a latent bias against private gun ownership. This bias manifests in countless small ways.
Vasquez told me that the ATF attorneys must review all of the tech’s opinions. As a result, instead of simple technical information, these adjudications run through a biased filter. Technical rulings become weaponized to promote policy. The end result is the Honey Badger reclassification.
The Dark Side of ATF Extremism
An ideological zealot can miss the big picture. The point should be putting Bad Guys in jail. Bad Guys are violent criminals who might use firearms to harm others and threaten public safety.
“Imagine the hours special agents will spend tracking down arm braces when they could be investigating real crime,” Vasquez said.
When you lose track of the overarching mission, innocent Americans can get hurt. Ruby Ridge resulted in the needless deaths of a woman holding an infant, a 14-year-old boy, and a Deputy U.S. Marshal all over the length of a shotgun barrel.
In 2018, a 100 percent combat-disabled U.S. Marine with no criminal history faced federal prison for putting the rubber tip from a walking cane on the end of a pistol stabilizing brace. However, the point is that in pursuit of a precedent that might be used in future cases, the ATF was willing to send a nonviolent disabled veteran to prison over quite literally nothing.
Vasquez explained that the techs don’t really have a dog in that fight. They make technical assessments. It is the supervisory leadership and attorneys who are driving this train.
Reining In a Leviathan
Providing elected administrative oversight of such an organization is a bit like being a substitute teacher. Think about it. The kids know you can’t hit them. On top of that, they know you’ll be gone in a day or two. Presidents come and go, but the bureaucracy always prevails.
As a result, guidance and directives from President Trump’s DOJ only carry weight so long as Trump is in office. All they need do is stall until the election is over. The president doesn’t have nearly as much power over the government as you might think.
It’s coming up on two years ago when I first wrote about a couple of Tennessee landowners who were fighting back after the government put game cameras on their property without permission. The thing is, there was some degree of legality about what they did.
Or, at least, so it seemed.
The landowners took issue with this and fought back.
Late yesterday, the Benton County Circuit Court ruled that a statute authorizing warrantless trespassing and surveillance by Tennessee game wardens is unconstitutional. The ruling is not just a victory for Benton County landowners Terry Rainwaters and Hunter Hollingsworth, who sued with the Institute for Justice (IJ) after the Tennessee Wildlife Resources Agency (TWRA) ignored their “No Trespassing” signs by entering and installing cameras on their land. The victory also applies broadly to private land across Tennessee.
“For too long, TWRA officers have treated private land like public property—entering without permission, spying on people without a warrant, and doing it all with no meaningful oversight,” said IJ Attorney Joshua Windham. “Thanks to the court’s ruling, Tennesseans can now rest easy knowing that they’re secure from these sorts of intrusions on their land.”
“The court’s decision to declare TWRA’s constant overreach and abuse of authority unconstitutional is restoring my faith in the justice system,” said Hunter Hollingsworth. “I’m grateful for the Institute for Justice’s hard work and dedication to preserving and restoring the rights of all property owners in Tennessee. Thanks also to my local attorney Jack Leonard, who has been with me on these issues from day one.”
In addition to finding the law enabling searches unconstitutional, the court granted Rainwaters’ and Hollingsworth’s request for $1 in damages as compensation for the violation of their constitutional rights. The TWRA has 30 days to appeal the decision to the Tennessee Court of Appeals.
The issue was the state wildlife officials strapped a game camera to a tree on Hollingsworth’s and Rainwater’s respective properties as a way to monitor what they did on their own property.
This fell under something called the Open Fields Doctrine. Basically, the Supreme Court has said the police don’t need a warrant to search an open field you own, only your home and the property immediately surrounding the house.
It’s kind of like how the police don’t need a warrant to use evidence in plain view, only taken a step or two too far.
Officials in Tennessee took this idea and used it to justify placing trail cameras up on private property.
However, Tennessee takes a more narrow view of things like that, which is why this particular case went the way that it did.
What’s interesting, though, is that the Institute for Justice’s Fourth Amendment project–which was part of who represented the two landowners–has other cases, including a hunting club in Pennsylvania and a taxidermist in Ohio.
It’s interesting that all of these revolve around the hunting industry–and industry well associated with firearms.
Now, it’s entirely possible that it’s just a coincidence since it’s multiple states including some that are very pro-gun, but it’s still just enough to make me question it. Or maybe my tinfoil hat is just a bit too tight. After all, there are other Fourth Amendment cases IJ is pursuing that have nothing to do with hunting or the outdoors.
Either way, I’m glad Hollingsworth and Rainwater were victorious.
“We have investigated ourselves and found that this officer did nothing wrong” – – trust me. It’s coming.Edit: Until these lawsuit settlements start coming out of the pension fund and not the tax payers, nothing will change.