What is written there (esp. Fortune) is contrary to known facts and written from the words of very interested and involved people covering their asses after their operation blew up in their faces. I do not know who specifically gave the orders - was it prosecutors, ATF, or whoever else - but the fact is orders were given to not intercept illegal purchases and to let the guns "walk". From DOJ IG report:
We found that the lack of seizures and arrests was primarily attributable to the pursuit of a strategic goal shared by both the [Phoenix] ATF and the U.S. Attorney’s Office -- to eliminate a trafficking organization -- and the belief that confronting subjects and seizing firearms could compromise that goal.
This tactic was significantly different from previous tactic, e.g. in Project Gunrunner - where straw purchasers were arrested at the moment they handed off the guns. Here, they were allowed to proceed - to great dissatisfaction of the field agents. Whoever though up this was thinking that this would lead up the chain to eliminate the bigger organisation - but due to multiple failures in the execution - such as ATF agent tracking the buyer going on vacation and the buyer just disappearing with the guns - it did not happen and guns just disappeared in Mexico to the hands of drug cartels.
Nothing to do with gun laws. Anti-guns bunch would have to look in other place to feed their political agenda.
In a meeting on Jan. 5, 2010, Emory Hurley, the assistant U.S. Attorney in Phoenix overseeing the Fast and Furious case, told the [ATF] agents they lacked probable cause for arrests, according to ATF records. Hurley's judgment reflected accepted policy at the U.S. Attorney's Office in Arizona. "[P]urchasing multiple long guns in Arizona is lawful," Patrick Cunningham, the U.S. Attorney's then–criminal chief in Arizona would later write. "Transferring them to another is lawful and even sale or barter of the guns to another is lawful unless the United States can prove by clear and convincing evidence that the firearm is intended to be used to commit a crime." (Arizona federal prosecutors referred requests for comment to the Justice Department, which declined to make officials available. Hurley noted in an e-mail, "I am not able to comment on what I understand to be an ongoing investigation/prosecution. I am precluded by federal regulation, DOJ policy, the rules of professional conduct, and court order from talking with you about this matter." Cunningham's attorney also declined to comment.)
It was nearly impossible in Arizona to bring a case against a straw purchaser. The federal prosecutors there did not consider the purchase of a huge volume of guns, or their handoff to a third party, sufficient evidence to seize them. A buyer who certified that the guns were for himself, then handed them off minutes later, hadn't necessarily lied and was free to change his mind. Even if a suspect bought 10 guns that were recovered days later at a Mexican crime scene, this didn't mean the initial purchase had been illegal. To these prosecutors, the pattern proved little. Instead, agents needed to link specific evidence of intent to commit a crime to each gun they wanted to seize.
Yep, sounds like this is all the fault of some renegade ATF agent. Nothing to do with the laws in place, no sir.
We found that the lack of seizures and arrests was primarily attributable to the pursuit of a strategic goal shared by both the [Phoenix] ATF and the U.S. Attorney’s Office -- to eliminate a trafficking organization -- and the belief that confronting subjects and seizing firearms could compromise that goal.
This tactic was significantly different from previous tactic, e.g. in Project Gunrunner - where straw purchasers were arrested at the moment they handed off the guns. Here, they were allowed to proceed - to great dissatisfaction of the field agents. Whoever though up this was thinking that this would lead up the chain to eliminate the bigger organisation - but due to multiple failures in the execution - such as ATF agent tracking the buyer going on vacation and the buyer just disappearing with the guns - it did not happen and guns just disappeared in Mexico to the hands of drug cartels.
Nothing to do with gun laws. Anti-guns bunch would have to look in other place to feed their political agenda.