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Rep. Issa’s Committee Probing ATF Released Sealed Document in Criminal Case

By Allan Lengel
ticklethewire.com

In their apparent zest to learn the truth about a controversial ATF program “Operation Fast and Furious”, and generate public pressure,  staffers working for House Oversight Committee Chairman Darrell Issa (R-Calif.) may have gone too far — at least according to committee member Rep. Elijah Cummings (D-Md.).

The website Talking Points Memo (TPM) reported that Cummings fired off a letter Monday to Rep. Issa saying the committee improperly disclosed a sealed document which could have compromised a criminal investigation.

Cummings letter said Justice Department officials met with committee staffers on May 5 and told them they had wrongly released the document sealed by a federal judge.

“Your staff stated that they were unaware that the document was under seal when they disclosed it to the press, but they discovered the breach soon afterwards,” Cummings wrote in the letter to Issa, according to the website.

“At the conclusion of that meeting, and at the request of the Department, your staff seemed to agree that consultation would help avoid such mistakes in the future.”

TPM said an Issa spokeswoman did not respond for comment. TPM noted that the letter came after Cummings warned at a hearing on Monday that there was a “dangerous potential to compromise criminal prosecutions” when congressional committees looked into active investigations.

“Some committees have conducted investigations during open federal prosecutions, but in these relatively rare cases, committees have consulted meticulously with the Department to ensure that their actions do not negatively affect ongoing prosecutions,” Cummings said.

“For example, they have reached agreements to consult with the Department before publicly releasing documents or reports, to refrain from obtaining documents relating to certain sensitive sources or methodologies, and to secure limited information against public release.”

Interestingly, TPM noted that back in 2007 Issa argued that the Oversight Committee should hold off investigating Blackwater until the State Dept. finished its probe. The Dems had pushed for the investigation.

“We’re supposed to allow the administration to do its investigation and then we do oversight,” Issa said at the time, according to TPM. “We’re not investigators.”


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