Tuesday, April 9, 2013

The Bungling ATF

Trey Smith

The ATF continues to struggle in the aftermath of its moronic Fast and Furious operation where they allowed powerful weapons to walk into the hands of gangs. One of those guns led to the killing of a U.S. Border Patrol agent. However, in true lunacy, a more recent operation would seem to demand similar ridicule. In Milwaukee, ATF agents ran an operation using Chauncey Wright, a brain-damaged 28-year-old man with a low IQ in the 50s to set up gun and drug deals. They then shutdown the operation and, you guessed it, they arrested Wright.

Wright approached ATF agents passing out fliers in a parking lot and was given a job. For six months, the ATF paid Wright with cigarettes, gifts, and money to get him to promote “Fearless Distributing” by handing out fliers on his bike around town. Wright was not aware that this was just a front by U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The store sold legitimate items but had catalogues with guns. Wright was reportedly told that the store did not sell guns, but bought them.

I have represented individuals with low IQ including one with a 51 IQ. They are treated as disabled in most states. The record shows ATF agents manipulating Wright in a way that shocks the conscience. In the meantime, ATF agents showed incredible incompetence in losing ATF guns, including a machine gun, to theft as well as a ballistic shield. They also reportedly left behind sensitive documents after they shut down the operation.
~ from ATF Uses Brain-Damaged Man To Set Up Gun and Drug Deals Then Shuts Down Operation And Charges Brain-Damaged Man by Jonathan Turley ~
What has happened to our federal law enforcement agencies? Is it that they are under so much political pressure to catch the next terrorist that they simply manufacture them to make themselves appear indispensable? Over the past few years, the FBI has foiled several "plots" that they themselves engineered, so maybe the ATF just wanted to get in on the act too.

I did a little research. It took me all of 2 or 3 minutes. If you take a look at the Blue Book of the Social Security Administration, you will find that Chapter 12 deals with Mental Disorders. To be more precise, 12.05 deals with mental retardation.
12.05 Mental retardation: Mental retardation refers to significantly subaverage general intellectual functioning with deficits in adaptive functioning initially manifested during the developmental period; i.e., the evidence demonstrates or supports onset of the impairment before age 22.

The required level of severity for this disorder is met when the requirements in A, B, C, or D are satisfied.

A. Mental incapacity evidenced by dependence upon others for personal needs (e.g., toileting, eating, dressing, or bathing) and inability to follow directions, such that the use of standardized measures of intellectual functioning is precluded;


B. A valid verbal, performance, or full scale IQ of 59 or less;


C. A valid verbal, performance, or full scale IQ of 60 through 70 and a physical or other mental impairment imposing an additional and significant work-related limitation of function;


D. A valid verbal, performance, or full scale IQ of 60 through 70, resulting in at least two of the following...
Now it seems that there is general agreement that Chauncey Wright's IQ is in the 50s. According to the standard outlined above, this easily would qualify him to be categorized as "mentally retarded." As it turns out, Wright received disability payments for this condition as a child and the sole reason these payments did not continue into adulthood is that he failed to sign some papers.

So, how can the federal government -- in good conscience -- charge him with anything? Why haven't the ATF agents who manipulated him been charged with abuse of the disabled? An even more pertinent question is: Why is this government going after Chauncey Wright when they refuse to prosecute corporate criminals?

This is absolutely disgraceful all the way around!

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