As we continue to watch the general uproar over the Operation Fast and Furious program, and specifically what Attorney General Holder knew and when he knew it, it needs to be noted that perjury is not the only apparent violation of law to have occurred.

I refer to the apparent violation of at least one (probably two) major U.S. laws by the Holder Justice Department. A few years ago, the International Emergency Economic Powers Act (50 U.S.C. 1701, the follow-on to the Trading with the Enemy Act) was expanded in order to criminalize any transactions between U.S. entities — to include departments and agencies of the U.S. government — and all foreign drug cartels.

I am familiar with these prohibitive statues because several years ago, while serving as the senior drug analyst for the Senate Intelligence Committee, I was tasked to initiate and became the principal drafter of legislation which became known as the Kingpin Act (21 U.S.C. §§ 1901-08). The Kingpin Act is an extension of the highly successful IEEPA sanctioning program specifically targeting Colombian drug cartels. It expands sanctions authority against various drug cartel operations worldwide — including Mexico — which have been determined by the president to be threats to the national security, foreign policy, or economy of the United States.

A violation of any of the IEEPA sanctioning programs or the Kingpin Act carries stiff penalties, both criminal and civil, and potentially totaling decades in prison and tens of millions of dollars in fines. It is not necessary that an individual or governmental entity be shown to have “knowingly” violated any of these programs: it is illegal for any U.S. entity or individual to aid, abet, or materially assist — or in the case of Operation Fast and Furious, to facilitate others to aid, abet, or materially assist — designated drug traffickers. There are no exceptions within IEEPA programs for unlicensed U.S. law enforcement or intelligence agency operations.

Based on the July 5, 2010, memo to Eric Holder, it would appear that Fast and Furious facilitated the delivery of weapons to — at a minimum — the Sinaloa cartel in Mexico. The U.S. Department of the Treasury, which administers both the IEEPA and Kingpin Act programs, has designated numerous members of the Sinaloa cartel under both programs. IEEPA prohibitions apply to the U.S. government as well as to individuals, and as stated there are no exceptions within IEEPA programs for unlicensed U.S. law enforcement or intelligence agency operations.

There is a provision in the Kingpin Act for “authorized” law enforcement and intelligence activities, however the only procedure by which an Operation Fast and Furious program could have been “authorized” under the Kingpin Act was by the U.S. attorney general requesting a waiver (known within the Treasury Department as a Specific License), prior to any such operation being undertaken. To illustrate and emphasize this point: even during the run-up to war in Iraq, the U.S. secretary of Defense had to obtain waivers (specific licenses) from the Treasury Department to allow U.S. Special Forces and their necessary equipment (to include weapons, intelligence gathering, and targeting gear) to go into Iraq, as Iraq at the time was under separate IEEPA sanctions.

Comet Garradd in Transition

December 2, 2011                                                                | A decently bright visitor from the solar system’s fringe has lingered in the evening sky for months. As it nears perihelion, Comet Garradd (C/2009 P1) will soon be seen better in northern morning skies before dawn. > read more

Tour December’s Sky by Eye and Ear!

November 26, 2011                                                                  | Venus lurks low in the western twilight after sunset. But after it gets good and dark, swing around to the east to see dazzling Jupiter, the King of Planets, amid a tower of brilliant early-winter stars that extends from the horizon to overhead. > read more

Jupiter: Big, Bright, and Beautiful

September 23, 2011                                                                | The “King of Planets,” which will dominate the evening sky from late 2011 through early 2012, is a captivating sight no matter how you look at it. > read more

Uranus and Neptune in 2011

May 31, 2011                                                                  | Uranus and Neptune are easy to find with the aid of the charts in this article. > read more

• Voyage Danemark

• En Famille Voyage

• Terminus Autobus Voyageur Montreal

• Kon Tiki Voyage

  Title Search: Voyage of the Kon-Tiki : Title: Author: Call Number: Status: Voyage of the Kon-Tiki: Engel, Dolores. 910.92E Engle

• Last Minute Voyages