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A Bush appointee no less. In a ruling filed last week, U.S. District Court Judge Rosemary Collyer of the D.C. Circuit stated the following in her conclusion [emphasis mine]:
Further, ATF did not act arbitrarily or capriciously because
the reporting requirement set forth in the Demand Letter was based on relevant factors.
Apparently, when the ATF demands legal firearms dealers to sell weapons to "straw purchasers" who then sell them to Mexican gangsters, deliberately avoids tracking those weapons, and does this to implement a rule that violates the 2nd Amendment, somehow we are to believe the ATF didn't act "arbitrarily or capriciously." Something really smells. Bad.
The ruling is for the case National Shooting Sports Foundation, Inc. v. B. Todd Jones (NSSF v. Jones; the original defendant was ATF Acting Director Kenneth Melson, who has since been "reassigned" and was replaced by Acting Director of the ATF Jones). I have no idea who the NSSF's legal eagles were on this case; the only information I have seems to be the original complaint filed back in August, 2011. Most of the information having to do with the cover up by Attorney General Eric Holder and his Justice Department (which includes the ATF) minions came out after the complaint was filed; it's possible that the NSSF never amended the complaint with the new evidence that has since come to light, but I don't have access to know if any further information was filed before the ruling came out. What is known is the NSSF has appealed; I'm assuming any and all evidence showing Holder's cover up will be presented.
As was shown by the intrepid reporting by Sharyl Atkisson of CBS, the DoJ did a "document dump" of all kinds of information related to Operation Fast & Furious back in early December, 2011. I know it's been presented before, but I believe a review of what was dumped will be helpful:
The evidence shows the ATF and the Justice Department not only acted arbitrarily and capriciously, but criminally with the cover up. However, Judge Collyer’s ruling doesn’t show any of the information that has come out since the NSSF filed its complaint the past August, so it’s entirely possible, as I stated earlier, that the NSSF didn’t present any new evidence for Judge Collyer to review. It also appears there wasn’t evidence presented of something else, how the State Department sold tens of thousands of weapons to the Mexican government, many of which have probably also ended up in the hands of Mexican gangsters.
I have no doubt that the appeal will contain all of the information that has since come to light over the last few months. If anything, it should be used to slap an injunction on the rule to prevent it from being enforced. The criminality by Holder and his corrupt “associates” at the Justice Department will eventually come to light one way or another. It’s a shame this case lets him off for now.
Cross-posted at Scipio the Metalcon.