Dem Staff Report Says Top Justice Officials Did Not Give Green Light for Fast and Furious
A report issued late Monday night by the Democrats on the House Committee on Oversight and Government Reform tries to debunk suggestions by Republicans that high level appointees at the Justice Department conceived and directed the very flawed ATF Operation Fast and Furious. It places the blame for the operation squarely on the agents in Phoenix.
“This report debunks many unsubstantiated conspiracy theories,” Representative Elijah E. Cummings (D-Md.), the top ranking Democrat, wrote in a cover letter for the detailed report. “Contrary to repeated claims by some, the committee has obtained no evidence that Operation Fast and Furious was a politically motivated operation conceived and directed by high-level Obama administration political appointees at the Department of Justice.”
“The documents obtained and interviews conducted by the Committee indicate that it was the latest in a series of reckless and fatally flawed operations run by ATF’s Phoenix Field Division during both the previous and current administrations,” Cummings wrote.
The report counters repeated claims by Republicans like Committee Chair Darrell Issa (R-Calif) that top ranking Justice Dept. officials gave the green light for Fast and Furious. Under the operation, ATF’s Phoenix office encouraged gun dealers to sell to “straw purchasers”, all with the hopes of tracing the guns to the Mexican cartels. Some of the weapons surfaced at crime scenes including at the murder scene in Arizona of Border Patrol Agent Brian Terry. Many Republicans have called for Atty. Gen. Eric Holder and Lanny Breuer, head of the Justice Department’s Criminal Division, to resign.
The report is expected to be met with skepticism by many Republicans and critics of ATF, which has come under intense scrutiny, and has undergone a major shakeup in management. Holder is scheduled to appear before Issa’s and Cumming’s committee on Thursday where he’s likely to get a grilling from the Republicans.
Cummings, who has sometimes been at odds with Issa over Fast and Furious, said in a press release that the minority staff report was the result “of the Committee’s year-long investigation into the actions and circumstances that led to multiple gunwalking operations in Arizona from 2006 to 2010.”
The report concludes that the ATF Phoenix office failed to use sufficient controls to stop weapons from getting into the hands of violent criminals.
“Although this report provides a great amount of detail about what we have learned to date, it has several shortcomings,” Cummings wrote in his letter. “Despite requests from me and others, the Committee never held a hearing or even conducted an interview with former Attorney General Michael Mukasey. The Committee obtained documents indicating that in 2007 he was personally informed about the failure of previous law enforcement operations involving the illegal smuggling of weapons into Mexico, and that he received a proposal to expand these operations. Since the Committee failed to speak with Mr. Mukasey, we do not have the benefit of his input about why these operations were allowed to continue after he was given this information.”
“The Committee also rejected my request to hold a public hearing with Kenneth Melson, the former Acting Director of ATF, the agency primarily responsible for these operations. Although Committee staff conducted an interview with Mr. Melson, the public has not had an opportunity to hear his explanations for why these operations continued for so many years without adequate oversight from ATF headquarters.”
The report states that in 2006, ATF agents in Phoenix initiated Operation Wide Receiver with the cooperation of a local gun dealer.
“For months, ATF agents watched in realtime as traffickers purchased guns and drove them across the border into Mexico,” the report states.
The report also states “that ATF’s former Acting Director, Kenneth Melson, and ATF’s Deputy Director, William Hoover, told Committee staff that gunwalking violated agency doctrine,that they did not approve it, and that they were not aware that ATF agents in Phoenix were using the tactic in Operation Fast and Furious. They also stated that, because they did not know about the use of gunwalking in Operation Fast and Furious, they never raised it up the chain of command to senior Justice Department officials.”
The report further stated: “Former Phoenix U.S. Attorney Dennis Burke told Committee staff that although he received multiple briefings on Operation Fast and Furious, he did not approve gunwalking, was not aware it was being used, and did not inform officials in Washington about its use.”
“He told Committee staff that, at the time he approved the proposal for a broader strategy targeting cartel leaders instead of straw purchasers, he had been informed that there was no probable cause to make any arrests and that he had been under the impression that ATF agents were working closely with Mexican officials to interdict weapons.”
The report goes on to state: “Gary Grindler, the former Acting Deputy Attorney General, and Lanny Breuer, the Assistant Attorney General for the Criminal Division, both stated that neither ATF nor the U.S. Attorney’s Office ever brought to their attention concerns about gunwalking in Operation Fast and Furious, and that, if they had been told, they ‘would have stopped it.’”
“When allegations of gunwalking three years earlier in Operation Wide Receiver were brought to the attention of Mr. Breuer in 2010, he immediately directed his deputy to share their concerns directly with ATF’s leadership. He testified, however, that he regretted not raising these concerns directly with the Attorney General or Deputy Attorney General, stating, “if I had known then what I know now, I, of course, would have told the Deputy and the Attorney General.”
“The Committee has obtained no evidence indicating that the Attorney General authorized gunwalking or that he was aware of such allegations before they became public. None of the 22 witnesses interviewed by the Committee claims to have spoken with the Attorney General about the specific tactics employed in Operation Fast and Furious prior to the public controversy.”
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