Fast and Furious Upends AG. Eric Holder

by John M. Curtis
(310) 204-8700

Copyright June 27, 2012
All Rights Reserved.                                         

                  Facing a contempt-of-Congress citation, 61-year-old U.S. Atty. Gen. Eric Holder refused to honor House Oversight and Government Reform Committee Chairman Darrell Issa’s (R-Calif.) Oct. 12, 2011 subpoena, requesting documents on the government’s Fast and Furious “gun-walking” operation.  When 40-year-old U.S. Border Patrol Agent Brian Terry was killed Dec. 15, 2010 in a shootout with the Mexican drug cartel near Rio Rico, Arizona, Congress was eventually forced into the investigation.  On May 3, 2012 Holder told the House Judiciary Committee he knew nothing of Operation Fast and Furious, only learning of the operation in the past “few” weeks.  When the slain officer’s parents, Kent and Josephine Terry, sued the Justice Department and Bureau of Alcohol, Tobacco and Firearms Feb. 1, 2012 for wrongful death, the pressure was heaped on Holder to cough up the DOJ’s documents.

            When Holder appeared before Issa’s committee June 7, he promised to cooperate to eventually provide the requested documents.  Started in 2006 by former President George W. Bush as Operation Wide Receiver, Operation Fast and Furious was the Obama’s administration’s sting operation designed to ensnare Mexico’s most notorious drug gangsters by electronically tracking illicit weapons sold to the Mexican Drug cartel.  Started Oct. 26, 2009 through the DOJ’s David W. Ogden and Lanny A. Brewer, coordinating with ATF Director Kenneth E. Melson, Drug Enforcement Agency Director Michele Leonhart and FBI Director Robert Mueller, Operation Fast and Furious was directed by the highest levels of the White House and Justice Department.  When the program went awry and Terry was murdered Dec. 15, 2010 with the same traceable guns given to the cartel, the PR nightmare started.

            Rebuffed over past documents requests, Issa, a regular on FoxNews and one of the most partisan GOP members of the House, picked a propitious time to charge Holder with contempt.  Threatened by Issa with contempt of Congress June 7, Holder still refused to turn over the requested documents, prompting President Barack Obama to assert executive privilege June 20.  “Although we are deeply disappointed that the Committee appears intent on proceeding with a contempt vote, the Department remains willing to world with the Committee to reach a mutually satisfactory resolution of the outstanding issues,” wrote Dep. Atty. Gen. James Cote, rejecting the Committee’s request for more docs.  Whether the White House is entitled to executive privilege or not, the added fireworks is unwelcome publicity less than five months before November’s presidential election.

            No matter how the White House dismisses Issa’s grandstanding as political theater, the fact is Holder refused to turn over documents that could embarrass the president.  Asserting executive privilege carries certain risks, giving the appearance of a cover-up.  Justifying their refusal to respond to Issa’s subpoena, Holder wrote “that the Committee has not established that privileged documents are demonstrably critical to the responsible fulfillment of the Committee’s legitimate legislative functions,” telling Issa to go jump in a lake.  Without full disclosure of all relevant facts connected with Operation Fast and Furious, Issa and his Senate couterpart Charles Grassley (R-Iowa), can’t get to the bottom of the murder investigation of whether or not the gun-walking operation caused Agent Terry’s death.  Issa wants to know what did Holder know about Fast and Furious and when did he know it.

              Whether Operation Fast and Furious embarrasses the White House less than five months before the election, it’s no excuse for declaring executive privilege.  It doesn’t matter how many times past presidents used the tactic, only whether it’s justified in the present circumstance.  “We regret that the Committee rejected our proposal.  Our offer would have provided the Committee with unprecedented access to these documents, many of which are not covered by the Committee’s subpoena in his matter,” said Dep. Atty. Gen. James Cole, showing neither side is willing to budge.  House Speaker John Boehner (R-Ohio) mirrored Issa’s frustration, promising to put the contempt-of-Congress charge to a full House vote Thursday, June 28.  “The United States government ran a gunrunning operation that has resulted in hundreds of deaths,” said Boehner, telling Holder the contempt vote will go on

            Bracing for a contempt of Congress charge, Holder over-played his hand and now  must face the music.  No matter how embarrassing to the president, the AG must operate with a nonpartisan respect of the law, not political gamesmanship.  Regardless of Issa’s political motives, turning over docs have less political consequences than stonewalling.  When Holder testified May 3, 2012 that he only learned recently about Fast and Furious, it didn’t make sense.  Either he played coy and feigned ignorance or the AG’s duped or incompetent.  Either way, it doesn’t look good for the White House.  “Brian Terry’s family has a right to know what happened.  The American people have a right to know what happened and we’re going to proceed,” said Boehner, holding the White House feet to the fire.  Crying politics now won’t save Holder or the White House:  Only responding to the old subpoena.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.

©1999-2012 Discobolos Consulting Services, Inc.
(310) 204-8300
All Rights Reserved.