Professional Documents
Culture Documents
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE for interfering with ongoing criminal inves- I. EXECUTIVE SUMMARY
The SPEAKER pro tempore (during tigations; insisting on a personal attack The Department of Justice has refused to
the vote). There are 2 minutes remain- against the attorney general of the united comply with congressional subpoenas related
states; and for calling the Attorney General to Operation Fast and Furious, an Adminis-
ing.
of the United States a liar on national tele- tration initiative that allowed around two
b 1423 vision without corroborating evidence there- thousand firearms to fall into the hands of
by discredit to the integrity of the House. drug cartels and may have led to the death
So (two-thirds being in the affirma-
The SPEAKER pro tempore. Under of a U.S. Border Patrol Agent. The con-
tive) the rules were suspended and the sequences of the lack of judgment that per-
bill, as amended, was passed. rule IX, a resolution offered from the
floor by a Member other than the ma- mitted such an operation to occur are tragic.
The result of the vote was announced The Departments refusal to work with
as above recorded. jority leader or the minority leader as Congress to ensure that it has fully complied
A motion to reconsider was laid on a question of the privileges of the with the Committees efforts to compel the
the table. House has immediate precedence only production of documents and information re-
at a time designated by the Chair with- lated to this controversy is inexcusable and
f
in 2 legislative days after the resolu- cannot stand. Those responsible for allowing
NOTICE OF INTENTION TO OFFER tion is properly noticed. Fast and Furious to proceed and those who
RESOLUTION RAISING A QUES- Pending that designation, the form of are preventing the truth about the operation
from coming out must be held accountable
TION OF THE PRIVILEGES OF the resolution noticed by the gentle-
for their actions.
THE HOUSE woman from Texas will appear in the Having exhausted all available options in
Ms. JACKSON LEE of Texas. Mr. RECORD at this point. obtaining compliance, the Chairman of the
Speaker, pursuant to clause 2(a)(1) of The Chair will not at this point de- Oversight and Government Reform Com-
rule IX, I rise to give notice of my in- termine whether the resolution con- mittee recommends that Congress find the
stitutes a question of privilege. That Attorney General in contempt for his failure
tent to raise a question of the privi-
determination will be made at the time to comply with the subpoena issued to him.
leges of the House.
designated for consideration of the res- II. AUTHORITY AND PURPOSE
The form of the resolution is as fol-
lows: olution. An important corollary to the powers ex-
pressly granted to Congress by the Constitu-
Whereas the chair of the Committee on f
tion is the implicit responsibility to perform
Oversight and Government Reform has inter-
fered with the work of an independent agen-
b 1430 rigorous oversight of the Executive Branch.
The U.S. Supreme Court has recognized this
cy and pressured an administrative law judge RECOMMENDING THAT ATTORNEY Congressional power on numerous occasions.
of the National Labor Relations Board by GENERAL ERIC HOLDER BE For example, in McGrain v. Daugherty, the
compelling the production of documents re- Court held that the power of inquirywith
FOUND IN CONTEMPT OF CON-
lated to an ongoing case, something inde- process to enforce itis an essential and ap-
pendent experts said could seriously under- GRESS
propriate auxiliary to the legislative func-
mine the authority of those charged with en- Mr. ISSA. Mr. Speaker, by direction tion. . . . A legislative body cannot legislate
forcing the nations labor laws and which of the Committee on Oversight and wisely or effectively in the absence of infor-
the House Ethics Manual discourages by not- Government Reform, I call up the re- mation respecting the conditions which the
ing that Federal courts have nullified ad- legislation is intended to affect or change,
port (H.Rept. 112546) to accompany
ministrative decisions on grounds of due and where the legislative body does not itself
process and fairness towards all of the par- resolution recommending that the
possess the requisite informationwhich not
ties when congressional interference with House of Representatives find Eric H.
infrequently is truerecourse must be had
ongoing administrative proceedings may Holder, Jr., Attorney General, U.S. De- to others who do possess it. 1 Further, in
have unduly influenced the outcome; partment of Justice, in contempt of Watkins v. United States, Chief Justice War-
Whereas the chair of the Committee on Congress for refusal to comply with a ren wrote for the majority: The power of
Oversight and Government Reform has po- subpoena duly issued by the Committee Congress to conduct investigations is inher-
liticized investigations by rolling back long- on Oversight and Government Reform. ent in the legislative process. That power is
standing bipartisan precedents, including by broad. 2
The Clerk read the title of the report.
authorizing subpoenas without the concur- Both the Legislative Reorganization Act of
rence of the ranking member or a committee The SPEAKER pro tempore. Pursu-
1946 (P.L. 79601), which directed House and
vote, by refusing to share documents and ant to House Resolution 708, the report
Senate Committees to exercise continuous
other information with the ranking member, is considered read. watchfulness over Executive Branch pro-
and restricting the minoritys right to call The text of the report is as follows: grams under their jurisdiction, and the Leg-
witnesses at hearings; The Committee on Oversight and Govern- islative Reorganization Act of 1970 (P.L. 91
Whereas the chair of the Committee on ment Reform, having considered this Report, 510), which authorized committees to re-
Oversight and Government Reform has jeop- report favorably thereon and recommend view and study, on a continuing basis, the
ardized an ongoing criminal investigation by that the Report be approved. application, administration and execution
publicly releasing documents that his own The form of the resolution that the Com- of laws, codify the oversight powers of Con-
staff has admitted were under court seal; mittee on Oversight and Government Reform gress.
Whereas the chair of the Committee on would recommend to the House of Represent- The Committee on Oversight and Govern-
Oversight and Government Reform has uni- atives for citing Eric H. Holder, Jr., Attor- ment Reform is a standing committee of the
laterally subpoenaed a witness who was ex- ney General, U.S. Department of Justice, for House of Representatives, duly established
pected to testify at an upcoming Federal contempt of Congress pursuant to this report pursuant to the Rules of the House of Rep-
trial, despite longstanding precedent and ob- is as follows: resentatives, which are adopted pursuant to
jections from the Department of Justice that Resolved, That Eric H. Holder, Jr., Attor- the Rulemaking Clause of the Constitution.3
such a step could cause complications at a ney General of the United States, shall be House rule X grants to the Committee broad
trial and potentially jeopardize a criminal found to be in contempt of Congress for fail- oversight jurisdiction, including authority
conviction; ure to comply with a congressional sub- to conduct investigations of any matter
Whereas the chair of the Committee on poena. without regard to clause 1, 2, 3, or this clause
Oversight and Government Reform has en- Resolved, That pursuant to 2 U.S.C. 192 and [of House rule X] conferring jurisdiction over
gaged in a witch hunt, through the use of re- 194, the Speaker of the House of Representa- the matter to another standing com-
peated incorrect and uncorroborated state- tives shall certify the report of the Com- mittee. 4 The rules direct the Committee to
ments in the committees Fast and Furi- mittee on Oversight and Government Re- make available the findings and rec-
ous investigation; and form, detailing the refusal of Eric H. Holder, ommendations of the committee . . . to any
Whereas the chair of the Committee on Jr., Attorney General, U.S. Department of other standing committee having jurisdic-
Oversight and Government Reform has cho- Justice, to produce documents to the Com- tion over the matter involved. 5
sen to call the Attorney General of the mittee on Oversight and Government Reform House rule XI specifically authorizes the
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United States a liar on national television as directed by subpoena, to the United Committee to require, by subpoena or oth-
without corroborating evidence and has ex- States Attorney for the District of Colum- erwise, the attendance and testimony of such
hibited unprofessional behavior which could bia, to the end that Mr. Holder be proceeded
result in jeopardizing an ongoing Committee against in the manner and form provided by 1 McGrain v. Daugherty, 273 U.S. 135, 174 (1927).
investigation into Operation Fast and Furi- law. 2 Watkins v. United States, 354 U.S. 178, 187 (1957).
ous: Now, therefore, be it Resolved, That the Speaker of the House 3 U.S.CONST., art. I, 5, clause 2.
Resolved, That the House of Representa- shall otherwise take all appropriate action 4 House rule X, clause (4)(c)(2).
tives disapproves of the behavior of the chair to enforce the subpoena. 5 Id.
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H4178 CONGRESSIONAL RECORD HOUSE June 28, 2012
witnesses and the production of such books, On October 11, 2011, the Justice Depart- In mid-November 2009, just weeks after the
records, correspondence, memoranda, papers, ment informed the Committee its document strategy was issued, Fast and Furious began.
and documents as it considers necessary. 6 production pursuant to the March 31, 2011, Its objective was to establish a nexus be-
The rule further provides that the power to subpoena was complete. The next day, the tween straw purchasers of firearms in the
authorize and issue subpoenas may be dele- Committee issued a detailed subpoena to At- United States and Mexican drug-trafficking
gated to the Committee chairman.7 The sub- torney General Eric Holder for additional organizations (DTOs) operating on both sides
poenas discussed in this report were issued documents related to Fast and Furious. of the United States-Mexico border. Straw
pursuant to this authority. On February 2, 2012, the Committee held a purchasers are individuals who are legally
The Committees investigation into ac- hearing entitled Fast and Furious: Manage- entitled to purchase firearms for themselves,
tions by senior officials in the U.S. Depart- ment Failures at the Department of Jus- but who unlawfully purchase weapons with
ment of Justice and the Bureau of Alcohol, tice. The Attorney General testified at that the intent to transfer them to someone else,
Tobacco, Firearms, and Explosives (ATF) in hearing. in this case DTOs or other criminals.
designing, implementing, and supervising The Committee has issued two staff re- During Fast and Furious, ATF agents used
the execution of Operation Fast and Furious, ports documenting its initial investigative an investigative technique known as
and subsequently providing false denials to findings. The first, The Department of Justices gunwalkingthat is, allowing illegally-
Congress, is being undertaken pursuant to Operation Fast and Furious: Accounts of ATF purchased weapons to be transferred to third
the authority delegated to the Committee Agents, was released on June 14, 2011. The parties without attempting to disrupt or
under House Rule X as described above. second, The Department of Justices Operation deter the illegal activity. ATF agents aban-
The oversight and legislative purposes of Fast and Furious: Fueling Cartel Violence, was doned surveillance on known straw pur-
the investigations are (1) to examine and ex- released on July 26, 2011. chasers after they illegally purchased weap-
pose any possible malfeasance, abuse of au- Throughout the investigation, the Com- ons that ATF agents knew were destined for
thority, or violation of existing law on the mittee has made numerous attempts to ac- Mexican drug cartels. Many of these trans-
part of the executive branch with regard to commodate the interests of the Department actions established probable cause for agents
the conception and implementation of Oper- of Justice. Committee staff has conducted to interdict the weapons or arrest the posses-
ation Fast and Furious, and (2) based on the numerous meetings and phone conversations sors, something every agent was trained to
results of the investigation, to assess wheth- do. Yet, Fast and Furious aimed instead to
with Department lawyers to clarify and
er the conduct uncovered may warrant addi- allow the transfer of these guns to third par-
highlight priorities with respect to the sub-
tions or modifications to federal law and to ties. In this manner, the guns fell into the
poenas. Committee staff has been flexible in
make appropriate legislative recommenda- hands of DTOs, and many would turn up at
scheduling dates for transcribed interviews;
tions. crime scenes. ATF then traced these guns to
agreed to review certain documents in cam- their original straw purchaser, in an attempt
In particular, the Committees investiga- era; allowed extensions of production dead-
tion has highlighted the need to obtain infor- to establish a connection between that indi-
lines; agreed to postpone interviewing the vidual and the DTO.
mation that will aid Congress in considering Departments key Fast and Furious trial
whether a revision of the statutory provi- Federal Firearms Licensees (FFLs), who
witness; and narrowed the scope of docu- cooperated with ATF, were an integral com-
sions governing the approval of federal wire- ments the Department must produce to be in
tap applications may be necessary. The ponent of Fast and Furious. Although some
compliance with the subpoena and to avoid FFLs were reluctant to continue selling
major breakdown in the process that oc-
contempt proceedings. weapons to suspicious straw purchasers, ATF
curred with respect to the Fast and Furious Despite the Committees flexibility, the
wiretap applications necessitates careful ex- encouraged them to do so, reassuring the
Department has refused to produce certain FFLs that ATF was monitoring the buyers
amination of the facts before proposing a documents to the Committee. The Depart-
legislative remedy. Procedural improve- and that the weapons would not fall into the
ment has represented on numerous occasions wrong hands.9 ATF worked with FFLs on or
ments may need to be codified in statute to that it will not produce broad categories of
mandate immediate action in the face of about the date of sale to obtain the unique
documents. The Department has not pro- serial number of each firearm sold. Agents
highly objectionable information relating to
vided a privilege log delineating with par- entered these serial numbers into ATFs Sus-
operational tactics and details contained in
ticularity why certain documents are being pect Gun Database within days after the pur-
future applications.
The Committees investigation has called withheld. chase. Once these firearms were recovered at
The Departments efforts at accommoda- crime scenes, the Suspect Gun Database al-
into question the ability of ATF to carry out
tion and ability to work with the Committee lowed for expedited tracing of the firearms
its statutory mission and the ability of the
regarding its investigation into Fast and Fu- to their original purchasers.
Department of Justice to adequately super-
rious have been wholly inadequate. The Com- By December 18, 2009, ATF agents assigned
vise it. The information sought is needed to
mittee requires the subpoenaed documents to Fast and Furious had already identified
consider legislative remedies to restructure
to meet its constitutionally mandated over- fifteen interconnected straw purchasers in
ATF as needed.
sight and legislative duties. the targeted gun trafficking ring. These
III. BACKGROUND ON THE COMMITTEES straw purchasers had already purchased 500
INVESTIGATION IV. OPERATION FAST AND FURIOUS:
BREAKDOWNS AT ALL LEVELS OF THE firearms.10 In a biweekly update to Bill New-
In February 2011, the Oversight and Gov- ell, ATF Group Supervisor David Voth ex-
DEPARTMENT OF JUSTICE
ernment Reform Committee joined Senator plained that 50 of the 500 firearms purchased
Charles E. Grassley, Ranking Member of the The story of Operation Fast and Furious is by straw buyers had already been recovered
Senate Committee on the Judiciary, in in- one of widespread dysfunction across numer- in Mexico or near the Mexican border.11
vestigating Operation Fast and Furious, a ous components of the Department of Jus- These guns had time-to-crimes of as little as
program conducted by ATF. On March 16, tice. This dysfunction allowed Fast and Furi- one day, strongly indicating straw pur-
2011, Chairman Darrell Issa wrote to then- ous to originate and grow at a local level be- chasing.12
Acting ATF Director Kenneth E. Melson re- fore senior officials at Department of Justice Starting in late 2009, many line agents ob-
questing documents and information regard- headquarters ultimately approved and au- jected vociferously to some of the techniques
ing Fast and Furious. Responding for Melson thorized it. The dysfunction within and used during Fast and Furious, including
and ATF, the Department of Justice did not among Department components continues to gunwalking. The investigation continued for
provide any documents or information to the this day. another year, however, until shortly after
Committee by the March 30, 2011, deadline. A. THE ATF PHOENIX FIELD DIVISION December 15, 2010, when two weapons from
The Committee issued a subpoena to Melson In October 2009, the Office of the Deputy Fast and Furious were recovered at the mur-
the next day. The Department produced zero Attorney General (ODAG) in Washington, der scene of U.S. Border Patrol Agent Brian
pages of non-public documents pursuant to D.C. promulgated a new strategy to combat Terry.
that subpoena until June 10, 2011, on the eve gun trafficking along the Southwest Border. Pursuant to the Deputy Attorney Gen-
of the Committees first Fast and Furious erals strategy, in late January 2010 the ATF
This new strategy directed federal law en-
hearing. Phoenix Field Division applied for Fast and
forcement to shift its focus away from seiz-
On June 13, 2011, the Committee held a Furious to become an Organized Crime Drug
ing firearms from criminals as soon as pos-
hearing entitled Obstruction of Justice: Enforcement Task Force (OCDETF) case. In
sible, and to focus instead on identifying preparation for the OCDETF application
Does the Justice Department Have to Re- members of trafficking networks. The Office
spond to a Lawfully Issued and Valid Con- process, the ATF Phoenix Field Division pre-
of the Deputy Attorney General shared this pared a briefing paper detailing the inves-
gressional Subpoena? The Committee held strategy with the heads of many Department tigative strategy employed in Fast and Furi-
a second hearing on June 15, 2011, entitled components, including ATF.8 ous. This document was not initially pro-
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Operation Fast and Furious: Reckless Deci- Members of the ATF Phoenix Field Divi- duced by the Department pursuant to its
sions, Tragic Outcomes. The Committee sion, led by Special Agent in Charge Bill
held a third hearing on July 26, 2011, entitled Newell, became familiar with this new strat-
9 Transcribed Interview of Special Agent Peter
Operation Fast and Furious: The Other Side egy and used it in creating Fast and Furious.
of the Border. Forcelli, at 5354 (Apr. 28, 2011).
10 E-mail from Kevin Simpson, Intelligence Officer,
8 E-mail from [Dept of Justice] on behalf of Dep- Phoenix FIG, ATF, to David Voth (Dec. 18, 2009).
6 House rule XI, clause (2)(m)(1)(B). uty Atty Gen. David Ogden to Kathryn Ruemmler, 11 Id.
7 House rule XI, clause (2)(m)(3)(A)(i). et al. (Oct. 26, 2009). 12 Id.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4179
subpoena, but rather was obtained by a con- The next day, December 9, 2009, the Acting D. THE CRIMINAL DIVISION
fidential source. The briefing paper stated: ATF Director first learned about Fast and 1. COORDINATION WITH ATF
Furious and the large recovery of weapons In early September 2009, according to De-
Currently our strategy is to allow the
that had already occurred.17 The following partment e-mails, ATF and the Department
transfer of firearms to continue to take
week, OSII briefed senior ATF officials about of Justices Criminal Division began discus-
place, albeit at a much slower pace, in order
another large cache of Fast and Furious sions to talk about ways CRM [Criminal Di-
to further the investigation and allow for the
weapons that had been recovered in Mexico.18 vision] and ATF can coordinate on gun traf-
identification of additional co-conspirators
who would continue to operate and illegally On January 5, 2010, OSII presented senior ficking and gang-related initiatives. 27
traffic firearms to Mexican DTOs which are ATF officials with a summary of all of the Early on in these discussions, Lanny Breuer,
perpetrating armed violence along the weapons that could be linked to known straw Assistant Attorney General for the Criminal
Southwest Border.13 purchasers in Fast and Furious. In just two Division, sent an attorney to help the U.S.
months, these straw purchasers bought a Attorneys Office in Arizona prosecute ATF
Fast and Furious was approved as an total of 685 guns. This number raised the ire cases. The first case chosen for prosecution
OCDETF case, and this designation resulted of several individuals in the room, who ex- was Operation Wide Receiver, a year-long
in new operational funding. Additionally, pressed concerns about the growing oper- ATF Phoenix Field Division investigation
Fast and Furious became a prosecutor-led ation.19 initiated in 2006, which involved several hun-
OCDETF Strike Force case, meaning that On March 5, 2010, ATF headquarters hosted dred guns being walked. The U.S. Attorneys
ATF would join with the Federal Bureau of a larger, more detailed briefing on Operation Office in Arizona, objecting to the tactics
Investigation, Drug Enforcement Adminis- Fast and Furious. David Voth, the Group Su- used in Wide Receiver, had previously re-
tration, Internal Revenue Service, and Im- pervisor overseeing Fast and Furious, trav- fused to prosecute the case.
migrations and Customs Enforcement under eled from Phoenix to give the presentation. According to James Trusty, a senior offi-
the leadership of the U.S. Attorneys Office cial in the Criminal Divisions Gang Unit, in
He gave an extremely detailed synopsis of
for the District of Arizona.
the status of the investigation, including the September 2009 Assistant Attorney General
B. THE UNITED STATES ATTORNEYS OFFICE number of guns purchased, weapons seizures Breuer was VERY interested in the Arizona
FOR THE DISTRICT OF ARIZONA to date, money spent by straw purchasers, gun trafficking case [Wide Receiver], and he
The U.S. Attorneys Office for the District and organizational charts of the relation- is traveling out [to Arizona] around 9/21.
of Arizona led the Fast and Furious OCDETF ships among straw purchasers and to mem- Consequently, he asked us for a briefing on
Strike Force. Although ATF was the lead bers of the Sinaloa drug cartel. At that that case before the 21st rolls around. 28 The
law enforcement agency for Fast and Furi- point, the straw purchasers had bought 1,026 next day, according to Trusty, Breuers chief
ous, its agents took direction from prosecu- weapons, costing nearly $650,000.20 of staff mentioned the case again, so there
tors in the U.S. Attorneys Office. The lead NATFs Phoenix Field Division informed is clearly great attention/interest from the
federal prosecutor for Fast and Furious was ATF headquarters of large weapons recov- front office. 29
Assistant U.S. Attorney Emory Hurley, who eries tracing back to Fast and Furious. The When the Criminal Division prosecutor ar-
played an integral role in the day-to-day, Phoenix Field Division had frequently for- rived in Arizona, she gave Trusty her impres-
tactical management of the case.14 sions of the case. Her e-mail stated:
warded these updates directly to Deputy
Many ATF agents working on Operation
Fast and Furious came to believe that some ATF Director Billy Hoover and Acting ATF Case involves 300 to 500 guns. . . . It is my
of the most basic law enforcement tech- Director Ken Melson.21 When Hoover learned understanding that a lot of these guns
niques used to interdict weapons required about how large Fast and Furious had grown walked. Whether some or all of that was
the explicit approval of the U.S. Attorneys in March 2010, he finally ordered the develop- intentional is not known.30
Office, and specifically from Hurley. On nu- ment of an exit strategy.22 This exit strat-
egy, something Hoover had never before re- Discussions between ATF and the Criminal
merous occasions, Hurley and other federal Division regarding inter-departmental co-
prosecutors withheld this approval, to the quested in any other case, was a timeline for
ATF to wind down the case.23 ordination continued over the next few
mounting frustration of ATF agents.15 The
Though Hoover commissioned the exit months. On December 3, 2009, the Acting
U.S. Attorneys Office chose not to use other
strategy in March, he did not receive it until ATF Director e-mailed Breuer about this co-
available investigative tools common in gun
early May. The three-page document out- operation. He stated:
trafficking cases, such as civil forfeitures
and seizure warrants, during the seminal pe- lined a 30-, 60-, and 90-day strategy for wind- Lanny: We have decided to take a little dif-
riods of Fast and Furious. ing down Fast and Furious and handing it ferent approach with regard to seizures of
The U.S. Attorneys Office advised ATF over to the U.S. Attorneys Office for pros- multiple weapons in Mexico. Assuming the
that agents needed to meet unnecessarily ecution.24 guns are traced, instead of working each
strict evidentiary standards in order to In July 2010, Acting Director Melson ex- trace almost independently of the other
speak with suspects, temporarily detain pressed concern about the number of weap- traces from the seizure, I want to coordinate
them, or interdict weapons. ATFs reliance ons flowing to Mexico,25 and in October 2010 and monitor the work on all of them collec-
on this advice from the U.S. Attorneys Of- the Assistant Director for Field Operations, tively as if the seizure was one case.31
fice during Fast and Furious resulted in the number three official in ATF, expressed
many lost opportunities to interdict weap- Breuer responded:
concern that ATF had not yet halted the
ons. straw purchasing activity in Fast and Furi- We think this is a terrific idea and a great
In addition to leading the Fast and Furious ous.26 Despite these concerns, however, the way to approach the investigations of these
OCDETF task force, the U.S. Attorneys Of- U.S. Attorneys Office continued to delay the seizures. Our Gang Unit will be assigning an
fice was instrumental in preparing the wire- indictments, and no one at ATF head- attorney to help you coordinate this effort.32
tap applications that were submitted to the quarters ordered the Phoenix Field Division
Justice Departments Criminal Division. Kevin Carwile, Chief of the Gang Unit, as-
to simply arrest the straw purchasers in signed an attorney, Joe Cooley, to assist
Federal prosecutors in Arizona filed at least
order to take them off the street. The mem- ATF, and Operation Fast and Furious was se-
six of these applications, each containing
bers of the firearms trafficking ring were not lected as a recipient of this assistance.
immense detail about operational tactics
arrested until two weapons from Fast and Shortly after his assignment, Cooley had to
and specific information about straw pur-
Furious were found at the murder scene of rearrange his holiday plans to attend a sig-
chasers, in federal court after Department
Border Patrol Agent Brian Terry. nificant briefing on Fast and Furious.33
headquarters authorized them.
C. ATF HEADQUARTERS Cooley was assigned to Fast and Furious
17 Oversight of the U.S. Department of Justice: Hear- for the next three months. He advised the
Fast and Furious first came to the atten-
ing Before the S. Comm. on the Judiciary, 112th Cong. lead federal prosecutor, Emory Hurley, and
tion of ATF Headquarters on December 8,
(May 4, 2011) (Questions for the Record of Hon. Eric received detailed briefings on operational de-
2009, just weeks after the case was officially H. Holder, Jr., Atty Gen. of the U.S.). tails. Cooley, though, was not the only
opened in Phoenix. ATFs Office of Strategic 18 Leadmon Interview, supra note 16.
Information and Intelligence (OSII) briefed 19 Transcribed Interview of Deputy Asst Dir. Steve
Criminal Division attorney involved with
senior ATF personnel about the case on De- Martin, ATF, at 36 (July 6, 2011) [hereinafter Martin
Tr.]. 27 E-mail from Jason Weinstein to Lanny Breuer
cember 8, 2009, discussing in detail a large re-
20 See generally Operation the Fast and the Furi- (Sept. 10, 2009) [HOGR 003378].
covery of Fast and Furious weapons in Naco,
ous Presentation, Mar. 5, 2010. 28 E-mail from James Trusty to Laura Gwinn
Sonora, Mexico.16 21 E-mail from Mark Chait to Kenneth Melson and (Sept. 2, 2009) [HOGR 003375].
William Hoover (Feb. 24, 2010) [HOGR 001426]. 29 E-mail from James Trusty to Laura Gwinn
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13 Phoenix Group VII, Phoenix Field Division, 22 Transcribed Interview of William Hoover, ATF (Sept. 3, 2009) [HOGR 003376].
ATF, Briefing Paper (Jan. 8, 2010). Deputy Director, at 9 (July 21, 2011). 30 E-mail from Laura Gwinn to James Trusty
14 Transcribed Interview of Special Agent in 23 Id. at 72. (Sept. 3, 2009) [HOGR 003377].
Charge William Newell, at 3233 (June 8, 2011). 24 E-mail from Douglas Palmer, Supervisor Group 31 E-mail from Kenneth Melson to Lanny Breuer
15 Transcribed Interview of Special Agent Larry V, ATF, to William Newell, ATF (Apr. 27, 2010). (Dec. 3, 2009) [HOGR 003403].
Alt, at 94 (Apr. 27, 2011). 25 E-mail from Kenneth Melson to Mark Chait, et 32 E-mail from Lanny Breuer to Kenneth Melson
16 Interview with Lorren Leadmon, Intelligence al., (July 14, 2010) [HOGR 002084]. (Dec. 4, 2009) [HOGR 003403].
Operations Analyst, Washington, D.C., July 5, 2011 26 E-mail from Mark Chait to William Newell (Oct. 33 E-mail from Kevin Carwile to Jason Weinstein
[hereinafter Leadmon Interview]. 29, 2010) [HOGR 001890]. (Mar. 16, 2010) [HOGR 002832].
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H4180 CONGRESSIONAL RECORD HOUSE June 28, 2012
Fast and Furious during this time period. constructed from raw data contained in hun- Two Fast and Furious weapons were recov-
The head of the division, Lanny Breuer, met dreds of Reports of Investigation (ROI); the ered at the scene of his murder. Two days
with ATF officials about the case, including Department of Justice failed to produce any later, Associate Deputy Attorney General
Deputy Director Billy Hoover and Assistant of these ROI in response to the Committees Brad Smith sent Grindler and four ODAG of-
Director for Field Operations Mark Chait.34 subpoena. The Criminal Division authorized ficials an e-mail detailing the circumstances
Given the initial involvement of the Crimi- Fast and Furious wiretap applications on of Terrys murder and its connection to Fast
nal Division with Fast and Furious in the March 10, 2010; April 15, 2010; May 6, 2010; and Furious.49 Smith attached a four-page
early stages of the investigation, senior offi- May 14, 2010; June 1, 2010; and July 1, 2010. summary of the Fast and Furious investiga-
cials in Criminal Division should have been Deputy Assistant Attorney General Jason tion.
greatly alarmed about what they learned Weinstein, Deputy Assistant Attorney Gen-
about the case. These officials should have eral Kenneth Blanco, and Deputy Assistant V. THE COMMITTEES OCTOBER 12, 2011,
halted the program, especially given their Attorney General John Keeney signed these SUBPOENA TO ATTORNEY GENERAL
prior knowledge of gunwalking in Wide Re- applications on behalf of Assistant Attorney HOLDER
ceiver, which was run by the same leadership General Lanny Breuer. On October 12, 2011, the Committee issued
in the same ATF field division. E. THE OFFICE OF THE DEPUTY ATTORNEY a subpoena to Attorney General Eric Holder,
On March 5, 2010, Cooley attended a brief- GENERAL demanding documents related to the Depart-
ing about Fast and Furious. The detailed
The Office of the Deputy Attorney General ment of Justices involvement with Oper-
briefing highlighted the large number of
(ODAG) maintained close involvement in Op- ation Fast and Furious. The subpoena was
weapons the gun trafficking ring had pur-
eration Fast and Furious. In the Justice De- issued following six months of constant re-
chased and discussed recoveries of those
partment, ATF reports to the Deputy Attor- fusals by the Justice Department to cooper-
weapons in Mexico. According to Steve Mar-
ney General (DAG).42 In practice, an official ate with the Committees investigation into
tin, Deputy Assistant Director in ATFs Of-
in the Office of the Deputy Attorney General Operation Fast and Furious.
fice of Strategic Intelligence and Informa-
is responsible for managing the ATF port-
tion, everyone in the room knew the weap- A. EVENTS LEADING UP TO THE SUBPOENA
folio. This official monitors the operations of
ons from Fast and Furious were being linked
ATF, and raises potential ATF issues to the On March 16, 2011, Chairman Issa sent a
to a Mexican cartel.35 Two weeks later, in
attention of the DAG.43 During the pendency letter to then-ATF Acting Director Ken
mid-March 2010, Carwile pulled Cooley off
of Fast and Furious, this official was Asso- Melson asking for information and docu-
Fast and Furious, when the U.S. Attorneys
ciate Deputy Attorney General Edward ments pertaining to Operation Fast and Fu-
Office informed him that it had the case
Siskel. rious.50 Late in the afternoon of March 30,
under control.36
Officials in ODAG became familiar with
2. WIRETAPS 2011, the Department, on behalf of ATF and
Fast and Furious as early as March 2010. On
At about the same time, senior lawyers in Melson, informed the Committee that it
March 12, 2010, Siskel and then-Acting DAG
the Criminal Division authorized wiretap ap- would not provide any documents pursuant
Gary Grindler received an extensive briefing
plications for Fast and Furious to be sub- to the letter. The Committee informed the
on Fast and Furious during a monthly meet-
mitted to a federal judge. Fast and Furious Department it planned to issue a subpoena.
ing with the ATFs Acting Director and Dep-
involved the use of seven wiretaps between On March 31, 2011, the Committee issued a
uty Director. This briefing presented
March and July of 2010. subpoena to Ken Melson for the documents.
Grindler with overwhelming evidence of ille-
In a letter to Chairman Issa, the Deputy gal straw purchasing during Fast and Furi- On May 2, 2011, Committee staff reviewed
Attorney General acknowledged that the Of- ous. The presentation included a chart of the documents the Department made available
fice of Enforcement Operations (OEO), part names of the straw purchasers, 31 in all, and for in camera review at Department head-
of the Justice Departments Criminal Divi- the number of weapons they had acquired to quarters. Many of these documents con-
sion, is primarily responsible for the De- date, 1,026.44 Three of these straw purchasers tained partial or full redactions. Following
partments statutory wiretap authoriza- had already purchased over 100 weapons this review, Chairman Issa wrote to the De-
tions. 37 According to the letter, lawyers in each, with one straw purchaser having al- partment on May 5, 2011, asking the Depart-
OEO review these wiretap packages to ensure ready acquired over 300 weapons. During this ment to produce all documents responsive to
that they meet statutory requirements and briefing, Grindler learned that buyers had the Committees subpoena forthwith.51 That
DOJ policies. 38 When OEO completes its re- paid cash for every single gun.45 same day, senior Department officials met
view of a wiretap package, federal law pro- A map of Mexico detailed locations of re- with Committee staff and acknowledged
vides that the Attorney General or his des- coveries of weapons purchased through Fast theres a there, there regarding the legit-
igneein practice, a Deputy Assistant Attor- and Furious, including some at crime imacy of the congressional inquiry into Fast
ney General in the Criminal Divisionre- scenes.46 The briefing also covered the use of and Furious.
views and authorizes it.39 Each wiretap pack- stash houses where weapons bought during
age includes an affidavit which details the In spite of Chairman Issas May 5, 2011, let-
Fast and Furious were stored before being
factual basis upon which the authorization is ter, during the two months following the
transported to Mexico. Grindler learned of
sought. Each application for Fast and Furi- issuance of the subpoena, the Department
some of the unique investigative techniques
ous included a memorandum from Assistant produced zero pages of non-public docu-
ATF was using during Fast and Furious.47
Attorney General Breuer to Paul OBrien, ments. On June 8, 2011, the Committee again
Despite receiving all of this information,
Director of OEO, authorizing the intercep- wrote to the Department requesting com-
then-Deputy Attorney General Gary
tion application.40 plete production of all documents by June 10,
Grindler did not order Fast and Furious to be
The Criminal Divisions approval of the 2011.52 The Department responded on June 10,
shut down, nor did he follow-up with ATF or
wiretap applications in Fast and Furious vio- 2011, stating complete production of all doc-
his staff about the investigation.
lated Department of Justice policy. The core uments by June 10, 2011, . . . is not pos-
Throughout the summer of 2010, ATF offi-
mission of the Bureau of Alcohol, Tobacco, sible. 53 At 7:49 p.m. that evening, just three
cials remained in close contact with their
Firearms, and Explosives is to protect[ ] days before a scheduled Committee hearing
ODAG supervisors regarding Fast and Furi-
our communities from . . . the illegal use on the obligation of the Department of Jus-
ous. Fast and Furious was a topic in each of
and trafficking of firearms. 41 tice to cooperate with congressional over-
the monthly meetings between ATF and the
The wiretap applications document the ex- sight, the Department finally produced its
DAG. ATF apprised Ed Siskel of significant
tensive involvement of the Criminal Division first non-public documents to the Com-
recoveries of Fast and Furious weapons, as
in Fast and Furious. These applications were mittee, totaling 69 pages.54
well as of notable progress in the investiga-
tion, and Siskel indicated to ATF that he Over the next six weeks, through July 21,
34 Meeting on Weapons Seizures in Mexico w/ was monitoring it.48 In mid-December 2010, 2011, the Department produced an additional
Lanny Breuer at Robert F. Kennedy Building, after Fast and Furious had been ongoing for 1,286 pages of documents. The Department
Room 2107, Jan. 5, 2010, 10:00 AM [HOGR 001987]. over a year, Grindler received more details produced no additional documents until Sep-
35 Martin Tr. at 100.
about the program. On December 15, 2010, tember 1, 2011, when it produced 193 pages of
36 E-mail from Kevin Carwile to Jason Weinstein
Border Patrol Agent Brian Terry was killed.
(Mar. 16, 2010, 9:00 a.m.) [HOGR DOJ 2382].
37 Letter from Dep Atty Gen. James M. Cole 49 E-mail from Assoc. Deputy Atty Gen. Brad
Chairman Darrell Issa et al., at 6 (Jan. 27, 2012) 42 USDOJ: About Department of Justice Agencies, Smith to Deputy Atty Gen. Gary Grindler, et al.
[hereinafter Cole Letter]. available at http://www.justice.gov/agencies/index- (Dec. 17, 2010) [HOGR 002875002881].
38 Id. org.html (last visited May. 1, 2012). 50 Letter from Chairman Darrell Issa to ATF Act-
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39 See 18 U.S.C. 2516(1). 43 Transcribed Interview of Acting Dir. Kenneth ing Dir. Kenneth Melson (Mar. 16, 2011) [hereinafter
40 See, e.g., Memorandum from Lanny A. Breuer, Melson, at 25 (July 4, 2011). Mar. 16 Letter].
Asst Atty Gen., Criminal Division to Paul M. 44 Operation the Fast and the Furious, March 12, 51 Letter from Chairman Darrell Issa to Atty Gen.
OBrien, Director, Office of Enforcement Operations, 2010 [HOGR 002820HOGR 002823]. Eric Holder (May 5, 2011).
Criminal Division, Authorization for Interception 45 Id. 52 Letter from Chairman Darrell Issa to ATF Act-
Order Application, Mar. 10, 2010. 46 Id. ing Dir. Kenneth Melson (June 8, 2011).
41 Bureau of Alcohol, Tobacco, Firearms, and Ex- 47 Id. 53 Letter from Asst Atty Gen. Ronald Weich to
plosives, ATFs Mission, http://www.atf.gov/about/ 48 E-mail from Edward N. Siskel to Mark R. Chait Chairman Darrell Issa (June 10, 2011).
mission (last visited May 1, 2012). (July 14, 2010) [HOGR 002847]. 54 Id.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4181
documents.55 On September 30, 2011, the De- tion-sharing among Department compo- Despite the Departments acknowledge-
partment produced 97 pages of documents.56 nents, the Departments cooperation with ment that it understands what the Com-
On October 11, 2011, the Department pro- Congress, and FBI documents requested in mittee was seeking, it has yet to provide a
duced 56 pages of documents.57 the July 11, 2011, letter to FBI Director single document for 11 out of the 22 cat-
Early in the investigation, the Committee Mueller.65 To date, the Department has not egories contained in the subpoena schedule.
received hundreds of pertinent documents responded to this letter. The Department has not adequately com-
from whistleblowers. Many of the documents The Department wrote to Chairman Issa plied with the Committees subpoena, and it
the whistleblowers provided were not among on October 11, 2011, stating it had substan- has unequivocally stated its refusal to com-
the 2,050 pages that the Department had pro- tially concluded [its] efforts to respond to ply with entire categories of the subpoena al-
duced by October 11, 2011, demonstrating the Committee requests set forth in the sub- together. In a letter to Chairman Issa on
that the Department was withholding mate- poena and the letter of June 8th. 66 The let- May 15, 2012, the Department stated that it
rials responsive to the subpoena. ter further stated: had delivered or made available for review
The Committee requested additional docu- [O]ther documents have not been produced documents responsive to 13 of the 22 cat-
ments from the Department as the investiga- or made available for these same reasons be- egories of the subpoena.69
tion proceeded during the summer of 2011. On cause neither redacting them nor making A review of each of the 22 schedule cat-
July 11, 2011, Chairman Issa and Senator them available for review (as opposed to pro- egories in the subpoena reflects the Depart-
Grassley wrote to the Attorney General re- duction) was sufficient to address our con- ments clear understanding of the documents
questing documents from twelve people in cerns. Our disclosure of the vast majority of sought by the Committee for each category.
Justice Department headquarters pertaining the withheld material is prohibited by stat- Below is a listing of each category of the
to Fast and Furious.58 The Justice Depart- ute. These records pertain to matters occur- subpoena schedule, followed by what the De-
ment first responded to this letter on Octo- ring before a grand jury, as well as investiga- partment has explained is its understanding
ber 31, 2011, nearly four months later.59 tive activities under seal or the disclosure of of what the Committee is seeking for each
On July 11, 2011, Chairman Issa and Sen- which is prohibited by law . . . we also have category.
ator Grassley sent a letter to the FBI re- not disclosed certain confidential investiga- 1. All communications referring or relating
questing documents relating to the FBIs tive and prosecutorial documents, the disclo- to Operation Fast and Furious, the Jacob
role in the Fast and Furious OCDETF inves- sure of which would, in our judgment, com- Chambers case, or any Organized Crime Drug
tigation.60 The letter requested information promise the pending criminal investigations Enforcement Task Force (OCDETF) firearms
and documents pertaining to paid FBI in- and prosecution. These include core inves- trafficking case based in Phoenix, Arizona,
formants who were the target of the Fast tigative and prosecutorial material, such as to or from the following individuals:
and Furious investigation. The FBI never Reports of Investigation and drafts of court a. Eric Holder, Jr., Attorney General;
produced any of the documents requested in filings. b. David Ogden, Former Deputy Attorney
this letter. Finally . . . we have also withheld internal General;
On July 15, 2011, Chairman Issa and Sen- communications that were generated in the c. Gary Grindler, Office of the Attorney
ator Grassley sent a letter to the DEA re- course of the Departments effort to respond General and former Acting Deputy Attorney
questing documents pertaining to another to congressional and media inquiries about General;
target of the Fast and Furious investiga- Operation Fast and Furious. These records d. James Cole, Deputy Attorney General;
tion.61 The DEA was aware of this target be- were created in 2011, well after the comple- e. Lanny Breuer, Assistant Attorney Gen-
fore Fast and Furious became an OCDETF tion of the investigative portion of Operation eral;
case, a fact that raises serious questions Fast and Furious that the Committee has f. Ronald Weich, Assistant Attorney Gen-
about the lack of information-sharing among been reviewing and after the charging deci- eral;
Department components. Though DEA re- sions reflected in the January 25, 2011, in- g. Kenneth Blanco, Deputy Assistant At-
sponded to the letter on July 22, 2011, it, too, dictments. Thus, they were not part of the torney General;
did not provide any of the requested docu- communications regarding the development h. Jason Weinstein, Deputy Assistant At-
ments.62 and implementation of the strategy deci- torney General;
On September 1, 2011, Chairman Issa and sions that have not been the focus of the i. John Keeney, Deputy Assistant Attorney
Senator Grassley wrote to the Acting U.S. Committees inquiry . . . Disclosure would General;
Attorney in Arizona requesting documents have a chilling effect on agency officials de- j. Bruce Swartz, Deputy Assistant Attor-
and communications pertaining to Fast and liberations about how to respond to inquiries ney General;
Furious.63 As the office responsible for lead- from Congress or the media. Such a chill on k. Matt Axelrod, Associate Deputy Attor-
ing Fast and Furious, the Arizona U.S. At- internal communications would interfere ney General;
torneys Office possesses a large volume of with our ability to respond as effectively and l. Ed Siskel, former Associate Deputy At-
documents relevant to the Committees in- efficiently as possible to congressional over- torney General;
vestigation. The Department of Justice, on sight requests.67 m. Brad Smith, Office of the Deputy Attor-
behalf of the U.S. Attorneys Office for the
The following day, on October 12, 2011, ney General;
District of Arizona, did not respond to this
after the Department announced its inten- n. Kevin Carwile, Section Chief, Capital
letter until December 6, 2011, the eve of the
tion to cease producing documents respon- Case Unit, Criminal Division;
Attorney Generals testimony before the
sive to the Committees March 31, 2011, sub- o. Joseph Cooley, Criminal Fraud Section,
House Judiciary Committee.64
On September 27, 2011, Chairman Issa and poena to Melson, the Committee issued a Criminal Division; and,
Senator Grassley sent a letter to the Attor- subpoena to Attorney General Eric Holder p. James Trusty, Acting Chief, Organized
ney General raising questions about informa- demanding documents relating to Fast and Crime and Gang Section.
Furious. Department Response: In late October 2011,
B. SUBPOENA SCHEDULE REQUESTS the Department acknowledged that it had
55 Letter from Asst Atty Gen. Ronald Weich to
In the weeks following the issuance of the already begun searches of some of the
Chairman Darrell Issa (Sep. 1, 2011).
56 Letter from Asst Atty Gen. Ronald Weich to subpoena, Committee staff worked closely custodians listed here relating to Fast and
Chairman Darrell Issa and Senator Charles Grassley with Department lawyers to provide clari- Furious, such as in response to the Chair-
(Sep. 30, 2011). fications about subpoena categories, and to mans letter of 7/11/11. 70 Still, it has pro-
57 Letter from Asst Atty Gen. Ronald Weich to
assist the Department in prioritizing docu- duced no documents since the issuance of the
Chairman Darrell Issa (Oct. 11, 2011) [hereinafter ments for production. Committee and De- subpoena pursuant to subpoena categories
Oct. 11 Letter]. partment staff engaged in discussions span- 1(a), 1(b), 1(g), 1(i), and 1(k), only two docu-
58 Letter from Chairman Darrell Issa and Senator
ning several weeks to enable the Department ments pursuant to subpoena category 1(d),
Charles Grassley to Atty Gen. Eric Holder (July 11,
2011). to better understand what the Committee and very few documents pursuant to sub-
59 Letter from Asst Atty Gen. Ronald Weich to was specifically seeking. During these con- poena category 1(j) and 1(l).
Chairman Darrell Issa (Oct. 31, 2011) [hereinafter versations, the Committee clearly articu- 2. All communications between and among
Oct. 31 Letter]. lated its investigative priorities as reflected Department of Justice (DOJ) employees and
60 Letter from Chairman Darrell Issa and Senator in the subpoena schedule. The Department Executive Office of the President employees,
Charles Grassley to FBI Dir. Robert Mueller (July memorialized these priorities with speci- including but not limited to Associate Com-
11, 2011) [hereinafter Mueller Letter]. ficity in an October 31, 2011, e-mail from the munications Director Eric Schultz, referring
61 Letter from Chairman Darrell Issa and Senator
Office of Legislative Affairs.68 or relating to Operation Fast and Furious or
Charles Grassley to DEA Admr Michele Leonhart
(July 15, 2011). any other firearms trafficking cases.
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62 Letter from DEA Admr Michele Leonhart to 65 Letter from Chairman Darrell Issa and Senator Department Response: The Department ac-
Chairman Darrell Issa and Senator Charles Grassley Charles Grassley to Atty Gen. Eric Holder (Sep. 27, knowledged that the Committee identified
(July 22, 2011). 2011). several people likely to be custodians of
63 Letter from Chairman Darrell Issa and Senator 66 Oct. 11 Letter, supra note 57.
(Sep. 1, 2011). 68 E-mail from Office of Leg. Affairs Staff, U.S. 69 Letter from Deputy Atty Gen. James Cole to
64 Letter from Asst Atty Gen. Ronald Weich to Dept of Justice, to Investigations Staff, H. Comm. Chairman Darrell Issa (May 15, 2012), at 4 [herein-
Chairman Darrell Issa and Senator Charles Grassley on Oversight and Govt Reform (Oct. 31, 2011) [here- after May 15 Cole Letter].
(Dec. 6, 2011) [hereinafter Dec. 6 Letter]. inafter OLA e-mail]. 70 OLA e-mail.
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H4182 CONGRESSIONAL RECORD HOUSE June 28, 2012
these documents.71
Though the Department news article stated that [n]obody was more the congressional investigation for nearly a
has stated it has produced documents pursu- astonished to learn of the case than Zapatas year. These documents will show the reac-
ant to this subpoena category, the Com- parents, who didnt know that [the defend- tions of top officials when confronted with
mittee has not found any documents pro- ant] had been arrested or linked to their evidence about gunwalking in Fast and Furi-
duced by the Department responsive to this sons murder. 77 Press accounts alleged that ous. The documents will also show whether
subpoena category.72 the defendant had been under ATF surveil- these officials knew about, or were surprised
3. All communications between DOJ em- lance for at least six months before a rifle he to learn of, the gunwalking. Additionally,
ployees and Executive Office of the President trafficked was used in Zapatas murdera these documents will reveal the identities of
employees referring or relating to the Presi- situation similar to what took place during Department officials who orchestrated var-
dents March 22, 2011, interview with Jorge Fast and Furious.78 Despite this revelation, ious forms of retaliation against the whistle-
Ramos of Univision. the Department failed to produce any docu- blowers.
Department Response: The Department rep- ments responsive to this subpoena category. 11. All communications sent or received be-
resented that it would check on commu- 7. All communications to or from William tween:
nications with WH Press Office in the time Newell, former Special Agent-in-Charge for a. December 16, 2009 and December 18, 2009;
period preceding the Presidents 3/22/11 inter- ATFs Phoenix Field Division, between: and,
view, and that it had identified the most a. December 14, 2010 to January 25, 2011; b. March 9, 2011, and March 14, 2011, to or
likely custodians of those documents.73 and, from the following individuals:
Nonetheless, it has produced no documents b. March 16, 2009 to March 19, 2009. i. Emory Hurley, Assistant U.S. Attorney,
responsive to this subpoena category. The Department Response: The Department has Office of the U.S. Attorney for the District of
Department has not informed the Committee not produced any documents responsive to Arizona;
that no documents exist responsive to this subpoena category 7(b), despite its under- ii. Michael Morrissey, Assistant U.S. At-
schedule number. standing that the Committee sought docu- torney, Office of the U.S. Attorney for the
4. All documents and communications re- ments pertaining to communications with District of Arizona;
ferring or relating to any instances prior to [Executive Office of the President] staff re- iii. Patrick Cunningham, Chief, Criminal
February 4, 2011, where the Bureau of Alco- garding gun control policy within a specific Division, Office of the U.S. Attorney for the
hol, Tobacco, Firearms and Explosives (ATF) and narrow timeframe.79 The Department District of Arizona;
failed to interdict weapons that had been il- has not informed the Committee that no doc- iv. David Voth, Group Supervisor, ATF;
legally purchased or transferred. uments exist responsive to this schedule and,
Department Response: The Department has number. v. Hope MacAllister, Special Agent, ATF.
produced some documents responsive to this 8. All Reports of Investigation (ROIs) re- Department Response: The Department ac-
subpoena category. lated to Operation Fast and Furious or ATF knowledged that it will first search these
5. All documents and communications re- Case Number 785115100004. custodians for records re a) the Howard
ferring or relating to any instances prior to Department Response: Department rep- meeting in 12/09; and b) the ROI or memo
February 4, 2011, where ATF broke off sur- resentatives contended that this subpoena that was written during this time period re-
veillance of weapons and subsequently be- category presents some significant issues lating to the Howard mtng in 12/09. 82 Al-
came aware that those weapons entered Mex- for the Department due to current and po- though the Department has produced docu-
ico. tential future indictments.80 The Depart- ments that are purportedly responsive to
Department Response: The Department has ment has not produced any documents re- this category, these documents do not per-
produced documents responsive to this sub- sponsive to this subpoena category. The De- tain to the subject matter that the Depart-
poena category. partment has not informed the Committee ment understands that the Committee is
Most of the responsive documents the De- that no documents exist responsive to this seeking.
partment has produced pursuant to the sub- schedule number. 12. All communications sent or received be-
poena pertain to categories 4 and 5 and re- 9. All communications between and among tween December 15, 2010, and December 17,
late to earlier cases the Department has de- Matt Axelrod, Kenneth Melson, and William 2010, to or from the following individuals in
scribed as involving gunwalking. The De- Hoover referring or relating to ROIs identi- the U.S. Attorneys Office for the District of
partment produced these documents strate- fied pursuant to Paragraph 8. Arizona:
gically, advancing its own narrative about Department Response: The Department ac- a. Dennis Burke, former United States At-
why Fast and Furious was neither an iso- knowledged its understanding that this re- torney;
lated nor a unique program. It has attempted quest specifically pertained to emails Ken b. Emory Hurley, Assistant United States
to accomplish this objective by simulta- sent to Matt and Billy, expressing concerns, Attorney;
neously producing documents to the media perhaps in March 2011, [that] are core to [the c. Michael Morrissey, Assistant United
and the Committee. Committees] work, and well look at States Attorney; and,
6. All documents and communications re- those. 81 Still, it has produced no documents d. Patrick Cunningham, Chief of the Crimi-
ferring or relating to the murder of Immigra- pursuant to this subpoena category. The De- nal Division.
tions and Customs Enforcement Agent Jaime Department Response: The Department un-
partment has not informed the Committee
Zapata, including, but not limited to, docu- derstood that the Committees primary in-
that no documents exist responsive to this
ments and communications regarding terest here is in the communications during
schedule number.
Zapatas mission when he was murdered, this time period that relate to the Terry
10. All documents and communications be-
Form for Reporting Information That May death and, per our conversation, we will
tween and among former U.S. Attorney Den-
Become Testimony (FD302), photographs of start with those. 83 Although the Depart-
nis Burke, Attorney General Eric Holder,
the crime scene, and investigative reports ment has produced some documents respon-
Jr., former Acting Deputy Attorney General
prepared by the FBI. sive to this subpoena category, it has not
Gary Grindler, Deputy Attorney General
Department Response: The Department represented that it has produced all respon-
James Cole, Assistant Attorney General
understand[s] that the Zapata family has sive documents in this category.
Lanny Breuer, and Deputy Assistant Attor- 13. All communications sent or received be-
complained that theyve been kept in the ney General Jason Weinstein referring or re-
dark about this matter which necessitated tween August 7, 2009, and March 19, 2011, be-
lating to Operation Fast and Furious or any tween and among former Ambassador to
this subpoena category.74 The Department OCDETF case originating in Arizona.
conferred with the U.S. Attorneys Office Mexico Carlos Pascual; Assistant Attorney
Department Response: The Department has General Lanny Breuer; and Deputy Assistant
. . . which we hope will be helpful to them produced some documents responsive to this
and perhaps address the concerns that are Attorney General Bruce Swartz.
subpoena category. Department Response: The Department ac-
the basis of this item. 75 Though the Depart- A complete production of these documents
ment has stated it has produced documents knowledged that it understand[s] the Com-
is crucial to allow Congress to understand mittees focus here is Firearms Trafficking
pursuant to this subpoena category, the how senior Department officials came to
Committee has not found any documents issues along the SW Border, not limited to
know that the February 4, 2011, letter to Fast & Furious. 84 The Department has pro-
produced by the Department responsive to Senator Grassley was false, why it took so
this subpoena category.76 duced some documents responsive to this
long for the Department to withdraw the let- subpoena category.
In late February 2012, press accounts re-
ter despite months of congressional pressure 14. All communications sent or received be-
vealed that prosecutors had recently sen-
to do so, and why the Department obstructed tween August 7, 2009, and March 19, 2011, be-
tenced a second individual in relation to the
murder of Immigration and Customs En- tween and among former Ambassador to
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4183
any firearms trafficking case based in Ari- category. The Department has not informed ecutive Branch agency. Unfortunately, the
zona, or any visits by Assistant Attorney the Committee that no documents exist re- Departments actions have not matched its
General Lanny Breuer to Mexico. sponsive to this schedule number. rhetoric. Instead, it has chosen to prolong
Department Response: The Department has 19. All documents and communications be- the investigation and impugn the motives of
produced only a handful of pages responsive tween and among FBI employees in Arizona the Committee. A statement the Attorney
to this subpoena category, even though it and the FBI Laboratory, including but not General made at the February 2, 2012, hear-
understand[s] that [the Committee] wants limited to employees in the Firearms/ ing was emblematic of the Departments pos-
[the Department] to approach this effort Toolmark Unit, referring or relating to the ture with respect to the investigation:
with efficiency. 85 Despite the Committees firearms recovered during the course of the But I also think that if we are going to
request for an efficient effort, the Depart- investigation of Brian Terrys death. really get ahead here, if we are really going
ment produced a key document regarding Department Response: The Departments un-
to make some progress, we need to put aside
Attorney General Lanny Breuer three and a derstanding was that [the Committees]
the political gotcha games in an election
half months after the subpoena was issued, focus here is how evidence was tagged at the
year and focus on matters that are ex-
after several previous document productions, scene of Agent Terrys murder, how evidence
tremely serious.95
and long after Breuer testified before Con- was processed, how the FBI ballistics report
gress and could be questioned about the doc- was prepared and what it means. 90 Despite This attitude with respect to a legitimate
ument. Given the importance of the contents this clear understanding, the Department congressional inquiry has permeated the De-
of the document and the request for an effi- has produced no documents responsive to partments ranks. Had the Department dem-
cient effort on the part of the Department in this subpoena category. The Department has onstrated a willingness to cooperate with
this subpoena category, it is inconceivable not informed the Committee that no docu- this investigation from the outsetinstead
that the Department did not discover this ments exist responsive to this schedule num- of attempting to cover up its own internal
document months prior to its production. ber. mismanagementthis investigation likely
The Departments actions suggest that it 20. All agendas, meeting notes, meeting would have concluded well before the elec-
kept this document hidden for strategic and minutes, and follow-up reports for the Attor- tion year even began. The Department has
public relations reasons. ney Generals Advisory Committee of U.S. intentionally withheld documents for
15. Any FD302 relating to targets, sus- Attorneys between March 1, 2009, and July months, only to release a selected few on the
pects, defendants, or their associates, bosses, 31, 2011, referring or relating to Operation eve of the testimony of Department offi-
or financiers in the Fast and Furious inves- Fast and Furious. cials.96 The Department has impeded the
tigation, including but not limited to any Department Response: This category asks ability of a co-equal branch of government to
FD302s ATF Special Agent Hope for documents from the Attorney Generals perform its constitutional duty to conduct
MacAllister provided to ATF leadership dur- Advisory Committee within a clearly speci- Executive Branch oversight. By any meas-
ing the calendar year 2011. fied date range. Despite the fact that the De- ure, it has obstructed and slowed the Com-
Department Response: The Department partment has acknowledged this category mittees work.
understand[s] that [the Committees] pri- is clear, the Department has produced no The Committee has been unfailingly pa-
mary focus here is the 5 FBI 302s that were documents responsive to this subpoena cat- tient in working with Department represent-
egory.91 The Department has not informed atives to obtain information the Committee
provided to SA MacAllister, which she later
the Committee that no documents exist re- requires to complete its investigation. The
gave to Messrs. Hoover and Melson. 86 De-
sponsive to this schedule number. Departments progress has been unaccept-
spite the specificity of this document re-
21. All weekly reports and memoranda for ably slow in responding to the October 12,
quest, the Department has not produced any
the Attorney General, either directly or 2011, subpoena issued to the Attorney Gen-
documents responsive to this schedule num-
through the Deputy Attorney General, from eral. Complying with the Committees sub-
ber. The Department has not informed the
any employee in the Criminal Division, ATF, poena is not optional. Indeed, the failure to
Committee that no documents exist respon-
DEA, FBI, or the National Drug Intelligence produce documents pursuant to a congres-
sive to this schedule number.
Center created between November 1, 2009 and sional subpoena is a violation of federal
16. Any investigative reports prepared by
September 30, 2011. law.97 Because the Department has not cited
the FBI or Drug Enforcement Administra-
Department Response: This category asks any legal authority as the basis for with-
tion (DEA) referring or relating to targets,
for weekly reports and memoranda to the holding documents pursuant to the subpoena
suspects, or defendants in the Fast and Furi-
Attorney General from five different Depart- its efforts to accommodate the Committees
ous case.
ment components regarding ATF cases re constitutional obligation to conduct over-
Department Response: The Department was
sight of the Executive Branch are incom-
uncertain about the volume here, regard- firearms trafficking. 92 The Department has
plete.
ing the amount of documents, and pledged to produced some documents responsive to this
work[ ] on this [with] DEA and FBI. 87 De- subpoena category. 1. IN CAMERA REVIEWS
spite this pledge, it has produced no docu- 22. All surveillance tapes recorded by pole In an attempt to accommodate the Justice
ments responsive to this subpoena category. cameras inside the Lone Wolf Trading Co. Departments interests, Committee staff has
The Department has not informed the Com- store between 12:00 a.m. on October 3, 2010, viewed documents responsive to the sub-
mittee that no documents exist responsive to and 12:00 a.m. on October 7, 2010. poena that the Department has identified as
this schedule number. Department Response: This category asks sensitive in camera at Department head-
17. Any investigative reports prepared by for all ATF surveillance tapes from Lone quarters. Committee staff has visited the De-
the FBI or DEA relating to the individuals Wolf Trading Company between two speci- partment on April 12, May 4, June 17, Octo-
described to Committee staff at the October fied dates in October 2010. Both the Com- ber 12, and November 3, 2011, as well as on
5, 2011, briefing at Justice Department head- mittee and the Department understand a January 30 and February 27, 2012 to view
quarters as Target Number 1 and Target break-in occurred at that time.93 The De- these documents. Many of the documents
Number 2. partment has produced no documents respon- made available for in camera review, how-
Department Response: The Department ac- sive to this subpoena category. The Depart- ever, have been repetitive in nature. Many
knowledged that it think[s] we understand ment has not informed the Committee that other documents seemingly do not contain
this item. 88 Despite this understanding, it no documents exist responsive to this sched- any sensitive parts that require them to be
has produced no documents responsive to ule number. viewed in camera. Other documents are alto-
this subpoena category. The Department has C. ATTEMPTS OF ACCOMMODATION BY THE COM- gether non-responsive to the subpoena.
not informed the Committee that no docu- Committee staff has spent dozens of hours
MITTEE, LACK OF COMPLIANCE BY THE JUS-
ments exist responsive to this schedule num- at Department headquarters reviewing these
TICE DEPARTMENT
ber. In public statements, the Department has
18. All documents and communications in maintained that it remains committed to
95 Id.
96 On Friday January 27, 2012, just days before the
the possession, custody or control of the work[ing] to accommodate the Committees
DEA referring or relating to Manuel Fabian Attorney General testified before Congress, docu-
legitimate oversight needs. 94 The Depart- ments were delivered to the Senate Judiciary Com-
Celis-Acosta. ment, however, believes it is the sole arbiter mittee so late in the evening that a disc of files had
Department Response: The Department
of what is legitimate. In turn, the Com- to be slipped under the door. This is not only an ex-
agreed to start with records regarding in- treme inconvenience for congressional staff but also
mittee has gone to great lengths to accom-
formation that DEA shared with ATF about deprives staff of the ability to review the materials
modate the Departments interests as an Ex-
Acosta, which we understand to be the focus in a timely manner.
of your interest in this item. 89 Despite this 97 2 U.S.C. 192 states, in pertinent part:
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H4184 CONGRESSIONAL RECORD HOUSE June 28, 2012
documents. In addition, the Department has 26, 2011, report entitled The Department of stances in which the Justice Department has
identified hundreds of other sensitive docu- Justices Operation Fast and Furious: Fueling openly acknowledged it would not comply
ments responsive to the subpoena, which it Cartel Violence, and gave the Department an with the Committees requests. These pro-
refuses to make available even for in camera opportunity to suggest its own redactions nouncements began with the March 31, 2011,
review, instead withholding them from the before the documents became public.101 subpoena to the former Acting ATF Direc-
Committee altogether. The Committee has These actions are consistent with the Com- tor, continued through the Committees Oc-
made these accommodations to the Depart- mittees willingness to accommodate the De- tober 12, 2011, subpoena to the Attorney Gen-
ment at the expense of not being able to partments interests. eral, and persist to this day.
make these documents available for review 3. PRIVILEGE LOG (a) March 31, 2011, Subpoena
by Committee Members.
Mindful of the Justice Departments pre- On March 16, 2011, Chairman Issa sent a
2. REDACTED DOCUMENTS letter to the then-Acting ATF Director re-
rogatives as an Executive Branch agency,
The Department has redacted varying por- the Committee has offered the opportunity questing documents about Fast and Furi-
tions of many of the documents it has pro- for the Department to prepare a privilege log ous.104 As part of this request, Chairman Issa
duced. These redactions purportedly protect of documents responsive to the subpoena but asked for a list of individuals responsible
ongoing criminal investigations and prosecu- withheld from production. A privilege log for authorizing the decision to walk guns to
tions, as well as other sensitive data. The would outline the documents withheld and Mexico in order to follow them and capture
Department has so heavily redacted some the specific grounds for withholding. Such a a bigger fish. 105 On the afternoon of
documents produced to Congress that they log would serve as the basis for negotiation March 30, 2011, the deadline given in Chair-
are unintelligible. There appears to be no ob- between the Committee and the Department man Issas letter, Department staff partici-
jective, consistent criteria delineating why about prioritizing the documents for poten- pated in a conference call with Committee
some documents were redacted, only pro- tial production. staff. During that call, Department staff ex-
vided in camera, or withheld entirely. On January 31, 2012, Chairman Issa wrote pressed a lack of understanding over the
On the evening of May 2, 2011, Department meaning of the word list. 106 Department
to the Attorney General. He said:
of Justice representatives notified the Com- officials further informed Committee staff
mittee that the Department was planning to Should you choose to continue to withhold that the Department would not produce doc-
make approximately 400 pages of documents documents pursuant to the subpoena, you uments by the deadline and were uncertain
available for an in camera review at its head- must create a detailed privilege log explain- when they would produce documents in the
quarters.98 Committee staff went to review ing why the Department is refusing to future. Committee staff understood this re-
those documents on May 4, 2011, only to dis- produce each document. If the Department sponse to mean the Department did not in-
cover they were partially, or in some cases continues to obstruct the congressional in- tend to cooperate with the Committees in-
almost completely, redacted. Since these quiry by not providing documents and infor- vestigation.
documents were only made available pursu- mation, this Committee will have no alter- The next day Chairman Issa authorized a
ant to Committees first subpoena and only native but to move forward with proceedings subpoena for the Acting ATF Director. The
on an in camera basis, redactions were inap- to hold you in contempt of Congress.102 following day, the Department wrote to
propriate and unnecessary. On February 14, 2012, Chairman Issa again Chairman Issa. Assistant Attorney General
On June 14, 2011, the Department produced Ronald Weich wrote:
wrote to the Attorney General. He said:
65 pages of documents to the Committee in a
production labeled Batch 4. 99 Of these 65 We cannot wait any longer for the Depart- As you know, the Department has been
pages, every single one was at least partially ments cooperation. As such please specify a working with the Committee to provide doc-
redacted, 44 were completely redacted, and 61 date by which you expected the Department uments responsive to its March 16 request to
had redactions covering more than half of to produce all documents responsive to the the Bureau of Alcohol, Tobacco, Firearms
the page. subpoena. In addition, please specify a De- and Explosives. Yesterday, we informed
On July 18, 2011, after more than a month partment representative who will interface Committee staff that we intended to produce
of discussions between Committee and De- with the Committee for production purposes a number of responsive documents within
partment staff, the Department finally in- . . . This persons primary responsibility the next week. As we explained, there are
cluded a redaction code that identifies the should be to identify for the Committee all some documents that we would be unable to
reason for each redaction within a docu- documents the Department has determined provide without compromising the Depart-
ment.100 While the Department has used this to be responsive to the subpoena but is refus- ments ongoing criminal investigation into
redaction code in subsequent document pro- ing to produce, and should provide a privi- the death of Agent Brian Terry as well as
ductions to the Committee, documents pro- lege log of the documents delineating why other investigations and prosecutions, but
duced and redacted prior to July 18, 2011, do each one is being withheld from Congress. we would seek to work productively with the
not have the benefit of associated redaction Please direct this individual to produce this Committee to find other ways to be respon-
codes for each redaction. log to the Committee without further sive to its needs.107
The Department has over-redacted certain delay.103 Despite the Departments stated intention
documents. The Committee has obtained
On several occasions, Committee staff has to produce documents within the next week,
many of these documents through whistle-
asked the Department to provide such a it produced no documents for over two
blowers and has compared some of them with
privilege log, including a listing, category- months, until June 10, 2011. In the interim,
those produced by the Department. In some
by-category, of documents the Department the Department made little effort to work
instances, the Department redacted more
has located pursuant to the subpoena and the with the Committee to define the scope of
text than necessary, making it unnecessarily
reason the Department will not produce the documents required by the subpoena.
difficult and sometimes impossible for the On April 8, 2011, the Department wrote to
Committee, absent the documents provided those documents. Despite these requests,
however, the Department has neither pro- Chairman Issa to inform the Committee that
by whistleblowers, to investigate decisions it had located documents responsive to the
made by Department officials. duced a privilege log nor responded to this
aspect of Chairman Issas letters of January subpoena. Assistant Attorney General Weich
Further, any documents made available
31, 2012, and February 14, 2012. wrote that the Department did not plan to
pursuant to the Committees subpoenas must
The Department has not informed the share many of these materials with the Com-
not have any redactions. To fully and prop-
Committee that it has been unable to locate mittee. His letter stated:
erly investigate the decisions made by De-
partment officials during Fast and Furious, certain documents. This suggests that the To date, our search has located several law
the Committee requires access to documents Department is not producing responsive doc- enforcement sensitive documents responsive
in their entirety. The Department has not uments in its possession. Since the Depart- to the requests in your letter and the sub-
complied with this requirement. ment will not produce a privilege log, it has poena. We have substantial confidentiality
The Committee does recognize the impor- failed to make a good faith effort to accom- interests in these documents because they
tance of privacy interests and other legiti- modate the Committees legitimate over- contain information about ATF strategies
mate reasons the Department has for redact- sight interests. and procedures that could be used by individ-
ing portions of documents produced to the 4. ASSERTIONS OF NON-COMPLIANCE uals seeking to evade our law enforcement
Committee. The Committee has attempted The Committees investigation into Oper- efforts. We are prepared to make these docu-
to accommodate the Departments stated ation Fast and Furious is replete with in- ments, with some redactions, available for
concerns related to documents it believes are review by Committee staff at the Depart-
sensitive. The Committee intended to release
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Chairman Darrell Issa (May 2, 2011). Eric Holder (Jan. 31, 2012) [hereinafter Jan. 31 Let- 106 Teleconference between Committee Staff and U.S.
99 Letter from Asst Atty Gen. Ronald Weich to ter]. Dept of Justice Office of Leg. Affairs Staff (Mar. 30,
Chairman Darrell Issa (June 14, 2011). 103 Letter from Chairman Darrell Issa to Atty Gen. 2011).
100 Letter from Asst Atty Gen. Ronald Weich to Eric Holder (Feb. 14, 2012) (emphasis in original) 107 Letter from Asst Atty Gen. Ronald Weich to
Chairman Darrell Issa (July 18, 2011). [hereinafter Feb. 14 Letter]. Chairman Darrell Issa (Apr. 1, 2011).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4185
information about ongoing criminal inves- you say touch on Operation Fast and Furi- tively and efficiently as possible to congres-
tigations, investigative targets, internal de- ous. Chairman Issas staff previously raised sional oversight requests.116
liberations about law enforcement options, this issue with representatives of the Depart-
The next day, the Committee issued a sub-
and communications with foreign govern- ment and it is my understanding that discus-
poena to Attorney General Holder.
ment representatives. In addition, we noti- sions about whether and how to provide any
fied Committee staff that we have identified such sensitive law enforcement information (b) October 12, 2011, Subpoena
certain publicly available documents that have been ongoing. . . .112 On October 31, 2011, the Department pro-
are responsive. While our efforts to identify duced its first batch of documents pursuant
responsive documents are continuing, many On July 11, 2011, Chairman Issa and Sen- to the Committees October 12, 2011, sub-
of your requests seek records relating to on- ator Grassley wrote to the FBI requesting poena.117 This production consisted of 652
going criminal investigations. Based upon information on the issue of information pages. Of these 652 pages, 116 were about the
the Departments longstanding policy re- sharing within the Department. The letter Kingery case, a case that the Department
garding the confidentiality of ongoing crimi- included a request for information relating wanted to highlight in an attempt to dis-
nal investigations, we are not in a position to the murder of Immigrations and Customs credit some of the original Fast and Furious
to disclose such documents, nor can we con- Enforcement Agent Jaime Zapata.113 On Au- whistleblowers. Twenty-eight additional
firm or deny the existence of records in our gust 12, 2011, the FBI responded. It wrote: pages were about an operation from the prior
ongoing investigative files. This policy is Your letter also asks for specific informa- administration, the Hernandez case, and 245
based on our strong need to protect the inde- tion related to the crime scene and events pages were about another operation from the
pendence and effectiveness of our law en- leading to the murder of ICE Agent Jaime prior administration, Operation Wide Re-
forcement efforts.108 Zapata in Mexico on February 15, 2011. As ceiver.
you know, crime scene evidence and the cir- Although the subpoena covered documents
The letter cited prior Department policy in
cumstances of a crime are generally not from the Hernandez and Wide Receiver cases,
support of its position of non-compliance:
made public in an ongoing investigation. their inclusion into the first production
We are dedicated to holding Agent Terrys Furthermore, the investigative reports of an batch under the subpoena was indicative of
killer or killers responsible through the ongoing investigation are kept confidential the Departments strategy in responding to
criminal justice process that is currently un- during the investigation to preserve the in- the subpoena. The Department briefed the
derway, but we are not in a position to pro- tegrity of the investigation and to ensure its press on these documents at the same time
vide additional information at this time re- successful conclusion. We regret that we can- as it produced them to the Committee. The
garding this active criminal investigation not provide more details about the investiga- Department seemed more interested in spin
for the reasons set forth above. . . .109 tion at this time, but we need to ensure all control than in complying with the congres-
appropriate steps are taken to protect the sional subpoena. Sixty percent of the docu-
On June 14, 2011, after the Department had
integrity of the investigation.114 ments in this first production were related
produced 194 pages of non-public documents
to either Kingery, Hernandez, or Wide Re-
pursuant to the subpoena, the Department The FBI did not provide any documents to ceiver, and therefore, unrelated to the grava-
informed the Committee that it was delib- the Committee regarding the information men of the Committees investigation into
erately withholding certain documents: sharing issues raised, though it did offer to Fast and Furious.
As with previous oversight matters, we provide a briefing to staff. It delivered that On December 2, 2011, shortly before the At-
have not provided access to documents that briefing nearly two months later, on October torney Generals testimony before the House
contain detailed information about our in- 5, 2011. Judiciary Committee, the Department pro-
vestigative activities where their disclosure On October 11, 2011, the Department wrote duced 1,364 pages of documents pertaining to
would harm our pending investigations and to Chairman Issa. The Department stated: the creation of its February 4, 2011, letter.118
prosecutions. This includes information that Despite its statements in the October 11,
would identify investigative subjects, sen- We believe that we have now substantially 2011, letter, the Department, through a letter
sitive techniques, anticipated actions, and concluded our efforts to respond to the Com- from Deputy Attorney General James Cole,
other details that would assist individuals in mittee requests set forth in the subpoena publicly admitted under pressure its obvious
evading our law enforcement efforts. Our and the letter of June 8th.115 misstatements, formally acknowledging that
judgments begin with the premise that we The Department was well aware that the the February 4, 2011, letter contains inac-
will disclose as much as possible that is re- Committee was struggling to understand curacies. 119
sponsive to the Committees interests, con- how the Department created its February 4, On December 13, 2011, on the eve of the
sistent with our responsibilities to bring to 2011, letter to Senator Grassley, which the Committees interview with Gary Grindler,
justice those who are responsible for the Committee believed to contain false infor- Chief of Staff to the Attorney General, the
death of Agent Terry and those who violate mation. To that end, the Department stated: Department produced 19 pages of responsive
federal firearms laws.110 documents.120
As we have previously explained to Com- On January 5, 2012, the Department pro-
The June 14, 2011, letter arrived one day mittee staff, we have also withheld internal duced 482 pages of documents responsive to
after the Committee held a hearing featuring communications that were generated in the the subpoena.121 Of these 482 pages, 304 of
constitutional experts discussing the legal course of the Departments effort to respond them, or 63 percent, were related to the Wide
obligations of the Department to comply to congressional and media inquiries about Receiver case. This production brought the
with a congressional subpoena. The Depart- Operation Fast and Furious. These records total number of pages produced pursuant to
ments letter did not address the views ex- were created in 2011, well after the comple- Wide Receiver to 549, nearly 100 more than
pressed at the hearing, instead reiterating tion of the investigative portion of Operation the Department had produced at that time
its internal policy. The letter noted that the Fast and Furious that the Committee has regarding Fast and Furious in three docu-
Department would not provide access to doc- been reviewing and after the charging deci- ment productions.
uments discussing its use of sensitive tech- sions reflected in the January 25, 2011, in- On January 27, 2012, the Department pro-
niqueseven though these techniques were dictments. Thus, they were not part of the duced 486 pages of documents pursuant to
central to the Committees investigation. communications regarding the development the October 12, 2011, subpoena.122 In its cover
On July 5, 2011, Chairman Issa and Senator and implementation of the strategy deci- letter, the Department stated, [t]he major-
Grassley wrote to the Department about se- sions that have been the focus of the Com- ity of materials produced today are respon-
rious issues involving the lack of informa- mittees inquiry. It is longstanding Execu- sive to items 7, 11 and 12 of your October 11
tion sharing among Department components, tive Branch practice not to disclose docu- subpoena. There are no documents in the
in particular, between the FBI and DEA.111 ments falling into this category because dis- production, however, responsive to items 7(b)
These issues raised the possibility that the closure would implicate substantial Execu- or 11(b)(iv). The Department wrote in its
Department had been deliberately con- tive Branch confidentiality interests and January 27 cover letter:
cealing information about Fast and Furious separation of powers principles. Disclosure
from the Committee, including the roles of would have a chilling effect on agency offi- We are producing or making available for
its component agencies. The next day, the cials deliberations about how to respond to review materials that are responsive to these
Department responded. It wrote: inquiries from Congress or the media. Such a
Your letter raises concerns about the al- chill on internal communications would 116 Id.
117 Oct. 31 Letter, supra note 59.
leged role of other agencies in matters that interfere with our ability to respond as effec-
118 Letter from Deputy Atty Gen. James Cole to
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Charles Grassley to Atty Gen. Eric Holder (July 5, Issa and Senator Charles Grassley (Aug. 12, 2011). Chairman Darrell Issa (Jan. 5, 2012).
2011). 115 Oct. 11 Letter, supra note 57. 122 Cole Letter, supra note 37.
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H4186 CONGRESSIONAL RECORD HOUSE June 28, 2012
items, most of which pertain to the specific poena.127 These eight pages, given to the memosconsistent with the way in which
investigations that we have already identi- Committee by a whistleblower ten months the Department of Justice has always con-
fied to the Committee. We are not, however, earlier, were produced only because a tran- ducted itself in its interactions.131
providing materials pertaining to other mat- scribed interview with a former Associate He again impressed this point upon Com-
ters, such as documents regarding ATF cases Deputy Attorney General was to take place mittee Members later in the hearing:
that do not appear to involve the inappro- the next day.
priate tactics under review by the Com- On March 2, 2012, the Department produced Well, with the regard to provision of e-
mittee; non-ATF cases, except for certain in- 26 pages of documents pursuant to the Octo- mails, I thought Ive made it clear that after
formation relating to the death of Customs ber 12, 2011, subpoena.128 Five of these docu- February the 4th it is not our intention to
and Border Protection Agent Brian Terry; ments were about the Kingery case. Four- provide e-mail information consistent with
administrative matters; and personal teen documentsover half of the produc- the way in which the Justice Department
records.123 tionrelated to Wide Receiver. Seven pages has always conducted itself.132
were duplicate copies of a press release al- The Department reiterated this position
The Department refused to produce docu-
ready produced to the Committee. less than a week later in a December 14, 2011,
ments pursuant to the subpoena regarding On March 16, 2012, the Department pro-
investigations that it had not previously transcribed interview of Gary Grindler, the
duced 357 pages of documents pursuant to Attorney Generals Chief of Staff. Depart-
specified to the Committee, or investigations the subpoena. Three hundred seven of these
that do not appear to involve inappro- ment counsel broadened the Departments
pages, or 86 percent, related to the Her- position with respect to sharing documents
priate tactics. In doing so, the Department nandez and Medrano cases from the prior Ad-
made itself the sole arbiter of the Commit- created after February 4, 2011, in refusing to
ministration. Twenty other pages had been allow Grindler to answer any questions re-
tees investigative interests, as well as of the previously produced by the Department, and lating to conversations that he had with
use of inappropriate tactics. The Depart- seven pages were publicly available on the anyone in the Department regarding Fast
ment has prevented Congress from executing Justice Departments website. and Furious after February 4, 2011. Grindler
its constitutionally mandated oversight On April 3, 2012, the Department produced stated:
function, preferring instead to self-regulate. 116 pages of documents pursuant to the sub-
The October 12, 2011, subpoena, however, What I am saying is that the Attorney
poena. Forty four of these pages, or 38 per-
covers all investigations in which ATF failed General made it clear at his testimony last
cent, related to cases other than Fast and
to interdict weapons that had been illegally week that we are not providing information
Furious. On April 19, 2012, the Department
purchased or transferrednot just those to the committee subsequent to the Feb-
produced 188 pages of documents pursuant to
cases previously identified by the Depart- ruary 4th letter.133
the subpoena.
ment. The subpoena does not give the De- On May 15, 2012, the Department produced Department counsel expanded the position
partment the authority to define which tac- 29 pages of documents pursuant to the sub- the Attorney General articulated regarding
tics are inappropriate. Rather, the language poena. Ten of these pages, or 36 percent, re- documentary evidence at the House Judici-
in sections 4 and 5 of the subpoena schedule lated to cases other than Fast and Furious. ary Committee hearing to include testi-
is clear. The Departments refusal to cooper- The Department has produced a total of monial evidence as well.134 Given the initial
ate on this front and only produce docu- 6,988 pages to the Committee to date.129 response by the Department to the congres-
ments about investigations that it had pre- Though the Department recently stated that sional inquiry into Fast and Furious, the
viously identifieddocuments that support it has provided documents to the Com- comments by Department counsel created a
the Departments press strategyis in viola- mittee at least twice every month since late barrier preventing Congress from obtaining
tion of its obligation to cooperate with con- last year, the Department has not produced vital information about Fast and Furious.
gressional oversight. any documents to the Committee in over 30 The Department has maintained this posi-
On January 31, 2012, Chairman Issa again days.130 tion during additional transcribed inter-
wrote to the Attorney General, this time views. In an interview with Deputy Assistant
(c) Post-February 4, 2011, Documents Attorney General Jason Weinstein on Janu-
asking that the Department produce all doc-
uments pursuant to the subpoena by Feb- Many of the documents the October 12, ary 10, 2012, Department counsel prohibited
ruary 9, 2012.124 The following day, the De- 2011, subpoena requires were created or pro- him from responding to an entire line of
partment responded. It stated: duced after February 4, 2011. The Depart- questioning about his interactions with the
ment first responded to Congress about Fast Arizona U.S. Attorneys Office because it
Your most recent letter asks that we com- and Furious on this date. The Department implicates the post-February 4th pe-
plete the production process under the Octo- has steadfastly refused to make any docu- riod. 135
ber 11, 2011, subpoena by February 9, 2012. ments created after February 4, 2011, avail- Understanding the post-February 4th pe-
The broad scope of the Committees requests able to the Committee. riod is critical to the Committees investiga-
and the volume or material to be collected, The Departments actions following the tion. Furthermore, documents from this pe-
processed and reviewed in response make it February 4, 2011, letter to Senator Grassley riod are responsive to the October 12, 2011,
impossible to meet that deadline, despite our are crucial in determining how it responded subpoena. For example, following the Feb-
good faith efforts. We will continue in good to the serious allegations raised by the whis- ruary 4, 2011, letter, Jason Weinstein, at the
faith to produce materials, but it simply will tleblowers. The October 12, 2011, subpoena behest of Assistant Attorney General Breuer,
not be possible to finish the collection, proc- covers documents that would help Congress prepared an analytical review of Fast and
essing and review of materials by the date understand what the Department knew Furious.136 Weinstein interviewed Emory
sought in your most recent letter.125 about Fast and Furious, including when and Hurley and Patrick Cunningham of the Ari-
how it discovered its February 4 letter was zona U.S. Attorneys office as part of this re-
Yet, as discussed in Section V.B above, the view.137 The document that resulted from
Department was acutely aware in October false, and the Departments efforts to con-
ceal that information from Congress and the Weinsteins analysis specifically discussed
2011, approximately three months earlier, ex- issues relevant to the Committees inquiry.
actly what categories of documents the Com- public. Such documents would include those
To date, the Department has not produced
mittee was seeking. In response to the sub- relating to actions the Department took to
documents related to Weinsteins review to
poena, the Department had, up to February silence or retaliate against Fast and Furious
the Committee.
1, 2012, produced more documents relating to whistleblowers and to find out what had hap- Chairman Issa has sent several letters urg-
a single operation years before Fast and Fu- pened, and how the Department assessed the ing the Department to produce documents
rious even began than it had relating to Op- culpability of those involved in the program. pertaining to the Fast and Furious from the
eration Fast and Furious itself. The Attorney General first expressed the post-indictment period, and raising the pos-
On February 16, 2012, the Department pro- Departments position regarding documents sibility of contempt if the Attorney General
duced 304 pages of documents pursuant to created after February 4, 2011, in his testi- chose not to comply. Initially, the Depart-
the subpoena.126 The production included mony before the House Judiciary Committee ment refused to produce any documents cre-
nearly 60 pages of publicly available and pre- on December 8, 2011. In no uncertain terms, ated after January 25, 2011, the date that the
viously produced information, as well as he stated:
other documents previously produced to the [W]ith regard to the Justice Department as 131 Oversight Hearing on the United States Department
Committee. a wholeand Im certainly a member of the of Justice: Hearing Before the H. Comm. on the Judici-
On February 27, 2012, the Department pro- Justice Departmentwe will not provide ary, 112th Cong. (Dec. 8, 2011) (Test. of Hon. Eric H.
duced eight pages pursuant to the sub- memos after February the 4th . . . e-mails, Holder, Jr., Atty Gen. of the U.S.).
132 Id.
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Chairman Darrell Issa (Feb. 1, 2012) [hereinafter Feb. Chairman Darrell Issa (Mar. 2, 2012). 135 Transcribed Interview of Jason Weinstein, Dep-
1 Letter]. 129 The most recent production by the Department, uty Asst Atty Gen. at 177 (Jan. 10, 2012).
126 Letter from Asst Atty Gen. Ronald Weich to on May 15, 2012, ended with Bates number HOGR 136 Transcribed Interview of Dennis K. Burke at
Chairman Darrell Issa (Feb. 16, 2012) [hereinafter 006988. 15860 (Dec. 13, 2011).
Feb. 16 Letter]. 130 May 15 Cole Letter, supra note 69. 137 Id. at 15859.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4187
case was unsealed. On November 9, 2011, to congressional and media inquiries about here to this rolling production schedule until
Chairman Issa wrote to the Department: Operation Fast and Furious. These records we have completed the process of producing
were created in 2011, well after the comple- all responsive documents to which the Com-
Over the past six months, Senator Grassley
tion of the investigative portion of Operation mittee is entitled, consistent with the long-
and I have asked for this information on
Fast and Furious that the Committee has standing policies of the Executive Branch
many occasions, and each time we have been
been reviewing and after the charging deci- across administrations of both parties. More-
told it would not be produced. This informa-
sions reflected in the January 25, 2011, in- over, we intend to send a letter soon memo-
tion is covered by the subpoena served on the
dictments. Thus, they were not part of the rializing our discussions with your staff
Attorney General on October 12, 2011, and I
communications regarding the development about the status of our production of docu-
expect it to be produced no later than
and implementation of the strategy deci- ments within the various categories of the
Wednesday, November 16, at 5:00 p.m. Failure
sions that have been the focus of the Com- subpoena.
to comply with this request will leave me
mittees inquiry. It is longstanding Execu- Our efforts to cooperate with the Com-
with no other alternative than the use of
tive Branch practice not to disclose docu- mittee have been a significant undertaking,
compulsory process to obtain your testi-
ments falling into this category because dis- involving a great deal of hard work by a
mony under oath.
closure would implicate substantial Execu- large number of Department employees. The
* * * * * * tive Branch confidentiality interests and Department has been committed to pro-
* separation of powers principles. Disclosure viding the documents and information nec-
Understanding the Departments actions would have a chilling effect on agency offi- essary to allow the Committee to satisfy its
after Congress started asking questions cials deliberations about how to respond to core oversight interests regarding the use of
about Fast and Furious is crucial. As you inquiries from Congress or the media. Such a inappropriate tactics in Fast and Furious.
know, substantial effort was expended to chill on internal communications would The Department, however, has yet to
hide the actions of the Department from interfere with our ability to respond as effec- produce any documents pursuant to the sub-
Congress . . . I expect nothing less than full tively and efficiently as possible to congres- poena created after February 4, 2011. Despite
compliance with all aspects of the subpoena, sional oversight requests.142 warnings by Chairman Issa that the Com-
including complete production of documents
On February 14, 2012, Chairman Issa again mittee would initiate contempt if the De-
created after the indictments were unsealed
wrote to the Department regarding post-Feb- partment failed to comply with the sub-
on January 25, 2011.138
ruary 4, 2011, documents, and again raised poena, the Department has refused to
On December 2, 2011, the Department pro- the possibility of contempt: produce documents.
duced documents pertaining to its February (d) Interview Requests
4, 2011, response to Senator Grassley. When Complying with the Committees subpoena
is not optional. Indeed, the failure to In addition to the October 12, 2011, sub-
the Attorney General testified before Con- poena, the Committee has requested to inter-
gress on December 8, 2011, he created a new produce documents pursuant to a congres-
sional subpoena is a violation of federal law. view key individuals in Operation Fast and
cutoff date of February 4, 2011, after which Furious and related programs. The Com-
no documents would be produced to Con- The Departments letter suggests that its
failure to produce, among other things, de- mittee accommodated the Departments re-
gress, despite the fact that such documents quest to delay an interview with Hope
were covered by the October 12, 2011, sub- liberative documents and other internal
communications generated in response to MacAllister, the lead case agent for Oper-
poena. In support of this position regarding ation Fast and Furious, despite her vast
post-February 4, 2011, documents, in tran- congressional oversight requests is based on
the premise that disclosure would com- knowledge of the program. The Committee
scribed interviews, Department representa- agreed to this accommodation due to the De-
tives have asserted a separation of powers promise substantial separation of powers
principles and Executive Branch confiden- partments expressed concern about inter-
privilege without further explanation or ci- viewing a key witness prior to trial.
tation to legal authority.139 The Department tiality interests. Your February 4, 2011, cut-
off date of providing documents to the Com- Throughout the investigation, the Depart-
has not cited any legal authority to support ment has had an evolving policy with regard
this new, extremely broad assertion of privi- mittee is entirely arbitrary, and comes from
a separation of powers privilege that does to witnesses that excluded ever-broader cat-
lege. egories of witnesses from participating in
On January 31, 2012, Chairman Issa wrote not actually exist.
You cite no legal authority to support your volunteer interviews. The Department first
to the Attorney General about this new, ar- refused to allow line attorneys to testify in
bitrary date created by the Department, and new, extremely broad assertion. To the con-
trary, as you know, Congress possesses the transcribed interviews, and then it prevented
raised the possibility of contempt: first-line supervisors from testifying. Next,
power of inquiry. Furthermore, the
In short, the Committee requires full com- issuance of a subpoena pursuant to an au- the Department refused to make Senate-con-
pliance with all aspects of the subpoena, in- thorized investigation is . . . an indispen- firmed Department officials available for
cluding complete production of documents sable ingredient of lawmaking. Because the transcribed interviews. One such Senate-con-
created after the Departments February 4, Department has not cited any legal author- firmed official, Assistant Attorney General
2011, letter. . . . If the Department continues ity as the basis for withholding documents, Lanny Breuer, is a central focus in the Com-
to obstruct the congressional inquiry by not or provided the Committee with a privilege mittees investigation. On February 16, 2012,
providing documents and information, this log with respect to documents withheld, its the Department retreated somewhat from its
Committee will have no alternative but to efforts to accommodate the Committees position, noting in a letter to the Committee
move forward with proceedings to hold you constitutional obligation to conduct over- that it was prepared to work with [the
in contempt of Congress.140 sight of the Executive Branch are incom- Committee] to find a mutually agreeable
plete.143 date for [Breuer] to appear and answer the
The Department responded the following
Committees questions, whether or not that
day. It said: * * * * * * appearance is public. 145 The Department
To the extent responsive materials exist * has urged the Committee to reconsider this
that post-date congressional review of this Please specify a date by which you expect interview request.
matter and were not generated in that con- the Department to produce all documents re- While the Department has facilitated a
text or to respond to media inquiries, and sponsive to the subpoena. In addition, please dozen interviews to avoid compulsory deposi-
likewise do not implicate other recognized specify a Department representative who tions, there have been several instances in
Department interests in confidentiality (for will interface with the Committee for pro- which the Department has refused to cooper-
example, matters occurring before a grand duction purposes. This individual should also ate with the Committee in scheduling inter-
jury, investigative activities under seal or serve as the conduit for dealing with possible views. The Department has stated that it
the disclosure of which is prohibited by law, contempt proceedings, should the Depart- would not make available certain individuals
core investigative information, or matters ment continue to ignore the Committees that the Committee has requested to inter-
reflecting internal Department delibera- subpoena.144 view. On December 6, 2011, the Department
tions), we intend to provide them.141 On February 16, 2012, the Department re- wrote:
The Department quoted from its October sponded. The response did not address the We would like to defer any final decisions
11, 2011, letter, stating: post-February 4, 2011, documents, nor did it about the Committees request for Mr.
address the possibility of contempt. The De- Swartzs interview until we have identified
[A]s we have previously explained to Com- partments letter stated: any responsive documents, some of which
mittee staff, we have also withheld internal
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We have produced documents to the Com- may implicate equities of another agency.
communications that were generated in the
mittee on a rolling basis; since late last year The remaining employees you have asked to
course of the Departments effort to respond
these productions have occurred approxi- interview are all career employees who are
mately twice a month. It is our intent to ad- either line prosecutors or first- or second-
138 Letter from Chairman Darrell Issa to Asst
level supervisors. James Trusty and Michael
Atty Gen. Ronald Weich (Nov. 9, 2011). Morrissey were first-level supervisors during
139 See, e.g., Grindler Tr. at 22. 142 Id.
140 Jan. 31 Letter, supra note 102. 143 Feb. 14 Letter, supra note 103.
141 Feb. 1 Letter, supra note 125. 144 Id (emphasis in original). 145 Feb. 16 Letter, supra note 126.
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H4188 CONGRESSIONAL RECORD HOUSE June 28, 2012
the time period covered by the Fast and Fu- For months after the congressional inquiry order to avoid contempt proceedings. 149 Doc-
rious investigation, and Kevin Carwile was a began, the Department refused to acknowl- uments in category (c) are outside the scope
second-level supervisor. The remaining three edge that anything improper occurred during of the narrowed request, and so the Depart-
employees you have asked to interview Fast and Furious. At a May 5, 2011, meeting ment no longer needed to produce them to
Emory Hurley, Serra Tsethlikai, and Joseph with Committee staff, a Department rep- avoid contempt proceedings, even though
Cooleyare line prosecutors. We are not pre- resentative first acknowledged that theres such documents are covered by the October
pared to make any of these attorneys avail- a there, there. The Attorney General ac- 12, 2011, subpoena.
able for interviews.146 knowledged publicly that Fast and Furious The Committee also obtained copies of
was fundamentally flawed on October 7, wiretap applications authorized by senior
The Department did, however, make Pat- Department officials during Operation Fast
rick Cunningham, Chief of the Criminal Di- 2011. On December 2, 2011, the Department fi-
nally admitted that its February 4, 2011, let- and Furious. These documents, given to the
vision for the U.S. Attorneys Office in Ari- Committee by whistleblowers, shined light
zona, available for an interview. The Com- ter to Senator Grassley contained false in-
formationsomething Congress had been on category (a). Still, many subpoenaed doc-
mittee had been requesting to interview uments under this category have been delib-
Cunningham since summer 2011. The Depart- telling the Department for over seven
months. erately withheld by the Department. These
ment finally allowed access to Cunningham documents are critical to understanding who
for an interview in December 2011. Documents in this category include those is responsible for failing to promptly stop
Cunningham chose to retain private counsel that explain how the Department responded Fast and Furious. The Department has cited
instead of Department counsel. On January to the crisis in the wake of the death of U.S. such documents as core investigative ma-
17, 2012, Cunningham canceled his interview Border Patrol Agent Brian Terry. These doc- terials that pertain to pending law enforce-
scheduled for the Committee on January 19, uments will reveal when the Department re- ment matters. 150 To accommodate the De-
2012. alized it had a problem, and what actions it partments interest in successfully pros-
Chairman Issa issued a subpoena to took to resolve that problem. These docu- ecuting criminal defendants in this case, the
Cunningham to appear for a deposition on ments will also show whether senior Depart- Committee is willing to accept production of
January 24, 2012. In a letter dated January ment officials were surprised to learn that these documents after the current prosecu-
19, 2012, Cunninghams counsel informed the gunwalking occurred during Fast and Furi- tions of the 20 straw purchasers indicted in
Committee that Cunningham would assert ous, or if they already knew that to be the January 2011, have concluded at the trial
his constitutional privilege not to be com- case. These documents will also identify who level. This deferment should in no way be in-
pelled to be a witness against himself. 147 On at the Department was responsible for au- terpreted as the Committee ceding its legiti-
January 24, 2012, Chairman Issa wrote to the thorizing retaliation against the whistle- mate right to receive these documents, but
Attorney General to express that the ab- blowers. The documents may also show the instead solely as an accommodation meant
sence of Cunninghams testimony would Departments assignment of responsibility to to alleviate the Departments concerns about
make it difficult to gauge the veracity of officials who knew about the reckless con- preserving the integrity of the ongoing pros-
some of the Departments claims regarding duct or were negligent during Fast and Furi- ecutions.
Fast and Furious.148 ous. In addition to deferring production of cat-
On January 27, 2012, Cunningham left the egory (a) documents, the Committee is also
(c) How the Inter-Agency Task Force Failed
Department of Justice. After months of willing to view these documents in camera
Committee requests, the Department finally The Organized Crime Drug Enforcement with limited redactions. These accommoda-
made him available for an interview just be- Task Force (OCDETF) program was created tions represent a significant commitment on
fore he left the Department. The actions of to coordinate inter-agency information shar- the part of the Committee to negotiating in
ing. As early as December 2009, the DEA good faith to avoid contempt.
the Department in delaying the interview
shared information with ATF that should Unlike documents in category (a), the De-
and Cunninghams own assertion of the Fifth partment has no legitimate interest in lim-
Amendment privilege delayed and denied the have led to arrests and the identification of
the gun trafficking network that Fast and iting the Committees access to documents
Committee the benefit of his testimony. in category (b). On February 4, 2011, the De-
Furious sought to uncover. The Committee
5. FAILURE TO TURN OVER DOCUMENTS partment wrote a letter to Congress cat-
has received information suggesting that,
The Department has failed to turn over after arrests were made one year later, ATF egorically denying that gunwalking had oc-
any documents pertaining to three main cat- discovered that two Mexican drug cartel as- curred. This letter was false. Still, it was not
egories contained in the October 12, 2011, sociates at the top of the Fast and Furious withdrawn until December 2011. The Com-
subpoena. network had been designated as national se- mittee has a right to know how the Depart-
(a) Who at Justice Department Headquarters curity assets by the FBI, and at times have ment learned that gunwalking did in fact
Should Have Known of the Reckless Tactics been paid FBI informants. Because of this occur, and how it handled the fallout inter-
cooperation, these associates are considered nally. The deliberative process privilege is
The Committee is seeking documents re- not recognized by Congress as a matter of
lating to who had access to information by some to be unindictable.
law and precedent. By sending a letter that
about the objectionable tactics used in Oper- Documents in this category will reveal the
contained false and misleading statements,
ation Fast and Furious, who approved the extent of the lack of information-sharing the Department forfeited any reasonable ex-
use of these tactics, and what information among DEA, FBI, and ATF. Although the pectation that the Committee would accom-
was available to those individuals when they Deputy Attorney General is aware of this modate its interest in withholding delibera-
approved the tactics. Documents that whis- problem, he has expressed little interest in tive process documents.
tleblowers have provided to the Committee resolving it. On June 20, 2012, minutes before the start
indicate that those officials were the senior VI. ADDITIONAL ACCOMMODATIONS BY of the Committees meeting to consider a
officials in the Criminal Division, including THE COMMITTEE resolution holding the Attorney General in
Lanny Breuer and one of his top deputies, contempt, the Committee received a letter
Jason Weinstein. As discussed above in Section V.C.5, the
from Deputy Attorney General James Cole
Documents in this category include those Department has failed to turn over any docu-
claiming that the President asserted execu-
relating to the preparation of the wiretap ap- ments responsive to three main categories
tive privilege over certain documents cov-
plications, as well as certain ATF, DEA, and covered by the October 12, 2011, subpoena:
ered by the subpoena. The Committee has a
FBI Reports of Investigation. Key decision (a) Who at Justice Department Head-
number of concerns about the validity of this
makers at Justice Department headquarters quarters Should Have Known of the Reckless assertion:
relied on these and other documents to ap- Tactics; 1. The assertion was transparently not a
prove the investigation. (b) How the Department Concluded that valid claim of privilege given its last minute
Fast and Furious was Fundamentally nature;
(b) How the Department Concluded that Fast
Flawed; and, 2. The assertion was obstructive given that
and Furious was Fundamentally Flawed
(c) How the Inter-Agency Task Force it could have and should have been asserted
The Committee requires documents from Failed.
the Department relating to how officials months ago, but was not until literally the
The Committee notified the Justice De- day of the contempt mark-up;
learned about whistleblower allegations and
partment on multiple occasions that its fail- 3. The assertion is eight months late. It
what actions they took as a result. The Com-
ure to produce any documents responsive to should have been made by October 25, 2011,
mittee is investigating not just management
these three categories would force the Com- the subpoena return date;
of Operation Fast and Furious, but also the
mittee to begin contempt proceedings 4. To this moment, the President himself
Departments efforts to slow and otherwise
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against the Attorney General. has not indicated that he is asserting execu-
interfere with the Committees investiga-
tion. On May 18, 2012, Chairman Issa, along with tive privilege;
Speaker John Boehner, Majority Leader Eric 5. The assertion is transparently invalid in
Cantor, and Majority Whip Kevin McCarthy, that it is not credible that every document
146 Dec. 6 Letter, supra note 64.
147 Letter from Tobin Romero, Williams & Con-
wrote a letter to the Attorney General. As
an accommodation to the Department, the 149 Letter from Speaker John Boehner et al. to
nolly LLP, to Chairman Darrell Issa (Jan. 19, 2012).
148 Letter from Chairman Darrell Issa to Atty Gen. letter offered to narrow the scope of docu- Atty Gen. Eric Holder (May 18, 2012).
Eric Holder (Jan. 24, 2012). ments the Department needed to provide in 150 May 15 Cole Letter, supra note 69.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4189
withheld involves a communication[ ] au- ment Randall was ordered [ ] to be brought Mukaseys draft contempt report charged
thored or solicited and received by those to the bar, reprimanded by the Speaker, and him with failing to produce documents in
members of an immediate White House ad- held in custody until further resolution of connection to the Committees investigation
visers staff who have broad and significant the House. 156 Randall was detained until of the release of classified information. Ac-
responsibility for investigating and formu- January 13, 1796, when the House passed a cording to their draft contempt reports, Ad-
lating the advice to be given the President resolution discharging him. 157 In contrast, ministrators Johnson and Dudley failed to
on the particular matter to which the com- Whitney was absolved of any wrongdoing, cooperate with the Committees lengthy in-
munications relate,; 151 since his actions were against a member- vestigation into Californias petition for a
6. The assertion is transparently invalid elect and occurred away from the seat of waiver to regulate greenhouse gas emissions
where the Justice Department has provided government. 158 from motor vehicles and the revision of the
no details by which the Committee might Congressional records do not demonstrate national ambient air quality standards for
evaluate the applicability of the privilege, any question or hesitation regarding wheth- ozone.
such as the senders and recipients of the doc- er Congress possesses the power to hold indi- Most recently, the House Judiciary Com-
uments; viduals in contempt.159 Moreover, there was mittee pursued contempt against former
7. Even if the privilege were valid as an ini- no question that Congress could punish a White House Counsel Harriet Miers and
tial matter, which it is not, it certainly has non-Member for contempt.160 Since the first White House Chief of Staff Joshua Bolten.170
been overcome here, as: (i) the Committee contempt proceeding, numerous congres- On June 13, 2007, the Committee served sub-
has demonstrated a sufficient need for the sional committees have pursued contempt poenas on Miers and Bolten.171 After at-
documents as they are likely to contain evi- against obstinate administration officials as tempts at accommodations from both sides,
dence important to the Committees inquiry well as private citizens who failed to cooper- the Committee determined that Miers and
and (ii) the documents sought cannot be ob- ate with congressional investigations.161 Bolten did not satisfactorily comply with
tained any other way. The Committee has Since the first proceeding against Randall the subpoenas. On July 25, 2007, the Com-
spent 16 months investigating, talking to and Whitney, House committees, whether mittee voted, 2217, to hold Miers and Bolten
dozens of individuals, and collecting docu- standing or select, have served as the vehicle in contempt of Congress.
ments from many sources. The remaining used to lay the foundation for contempt pro- On February 14, 2008, the full House, with
documents are ones uniquely in the posses- ceedings in the House.162 most Republicans abstaining, voted to hold
sion of the Justice Department; and, On August 3, 1983, the House passed a privi- Miers and Bolten in criminal contempt of
8. Without these documents, the Commit- leged resolution citing Environmental Pro- Congress by a margin of 22342.172 One hun-
tees important legislative work will con- tection Agency Administrator Anne Gorsuch dred seventy-three Members of Congress did
tinue to be stymied. The documents are nec- Burford with contempt of Congress for fail- not cast a vote either in favor or against the
essary to evaluate what government reform ing to produce documents to a House sub- resolution.173 All but nine Members who ab-
is necessary within the Justice Department committee pursuant to a subpoena.163 This stained were Republican.174 Only three Re-
to avoid the problems uncovered by the in- was the first occasion the House cited a cabi- publicans supported the contempt resolution
vestigation in the future. net-level executive branch member for con- for Miers and Bolten.175 This marked the
tempt of Congress.164 A subsequent agree- first contempt vote by Congress with respect
The President has now asserted executive
ment between the House and the Adminis- to the Executive Branch since the Reagan
privilege. This assertion, however, does not
trator, as well as prosecutorial discretion, Administration.176 The resolutions passed by
change the fact that Attorney General Eric
was the base for not enforcing the contempt the House allowed Congress to exercise all
Holder Jr. is in contempt of Congress today
citation against Burford.165 available remedies in the pursuit of con-
for failing to turn over lawfully subpoenaed
documents explaining the Departments role Within the past fifteen years the Com- tempt.177 The House Judiciary Committees
in withdrawing the false letter it sent to mittee on Oversight and Government Reform action against Miers marked the first time
Congress. has undertaken or prepared for contempt that a former administration official had
proceedings on multiple occasions. In 1998, ever been held in contempt.178
VII. HISTORICAL PERSPECTIVES ON
CONTEMPT Chairman Dan Burton held a vote recom- B. DOCUMENT PRODUCTIONS
mending contempt for Attorney General The Department has refused to produce
Contempt proceedings in Congress date
Janet Reno based on her failure to comply thousands of documents pursuant to the Oc-
back over 215 years. These proceedings pro-
with a subpoena issued in connection with tober 12, 2011, subpoena because it claims
vide Congress a valuable mechanism for ad-
judicating its interests. Congressional his- the Committees investigation into cam- certain documents are Law Enforcement
tory is replete with examples of the pursuit paign finance law violations.166 On August 7, Sensitive, others pertain to ongoing criminal
of contempt proceedings by House commit- 1998, the Committee held Attorney General investigations, and others relate to internal
tees when faced with strident resistance to Reno in contempt by a vote of 24 to 18.167 deliberative process.
their constitutional authority to exercise in- During the 110th Congress, Chairman During the past ten years, the Committee
vestigative power. Henry Waxman threatened and scheduled on Oversight and Government Reform has
contempt proceedings against several Ad- undertaken a number of investigations that
A. PAST INSTANCES OF CONTEMPT
ministration officials.168 Contempt reports resulted in strong opposition from the Exec-
Congress first exercised its contempt au- were drafted against Attorney General Mi- utive Branch regarding document produc-
thority in 1795 when three Members of the
chael B. Mukasey, Stephen L. Johnson, Ad- tions. These investigations include regu-
House charged two businessmen, Robert
ministrator of the U.S. Environmental Pro- latory decisions of the Environmental Pro-
Randall and Charles Whitney, with offering
tection Agency, and Susan E. Dudley, Ad- tection Agency (EPA), the leak of CIA opera-
bribes in exchange for the passage of legisla-
ministrator of the Office of Information and tive Valerie Plames identity, and the frat-
tion granting Randall and his business part-
ners several million acres bordering Lake Regulatory Affairs (OIRA) in the White ricide of Army Corporal Patrick Tillman. In
Erie. 152 This first contempt proceeding began House Office of Management and Budget. all cases during the 110th Congress, the Ad-
with a resolution by the House deeming the Business meetings to consider these drafts ministration produced an overwhelming
allegations were adequate evidence of an were scheduled.169 Former Attorney General amount of documents, sheltering a narrow
attempt to corrupt, and the House reported few by asserting executive privilege.
a corresponding resolution that was referred 156 Id. In 2008, the Committee received or re-
to a special committee. 153 The special com- 157 Id. viewed in camera all agency-level documents
mittee reported a resolution recommending
158 Id.: quoting Asher C. Hinds, Precedents of the related to the EPAs decision regarding Cali-
formal proceedings against Randall and House of Representatives, Sec. 1603 (1907). fornias request for a rule waiver, numbering
159 Id.
Whitney at the bar of the House. 154 160 Id. at 5.
approximately 27,000 pages in total.179 Ac-
The House adopted the committee resolu- 161 Id. at 6.
cording to a Committee Report, the EPA
tion which laid out the procedure for the 162 Id. at 14.
contempt proceeding. Interrogatories were 163 Id. man, Chairman Waxman Schedules Contempt Vote
exchanged, testimony was received, Randall 164 Wm. Holmes Brown et al., House Practice: A (June 13, 2008) http://oversight-ar-
and Whitney were provided counsel, and at Guide to the Rules, Precedents, and Procedures of the chive.waxman.house.gov/story.asp?ID=2012 (last vis-
the conclusion, on January 4, 1796, the House House, 450 (2011). ited Feb. 22, 2012).
165 Id. at 20, 22. 170 CRS Contempt Report at 5455.
voted 7817 to adopt a resolution finding
166 David E. Rosenbaum, Panel Votes to Charge Reno 171 Id.
Randall guilty of contempt. 155 As punish- 172 See H. Res. 982.
With Contempt of Congress, N.Y. TIMES (Aug. 7, 1998).
167 Id. 173 Id.
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151 In re Sealed Case, 121 F.3d 729, 752 (D.C. Cir 168 Laurie Kellman, Waxman Threatens Mukasey 174 Id.
1997). With Contempt Over Leak, U.S.A. TODAY (July 8, 175 Id.
152 Todd Garvey & Alissa M. Dolan, Congressional Re- 2008); Richard Simon, White House Says No to Con- 176 Philip Shenon, House Votes to Issue Contempt Ci-
search Service, Congresss Contempt Power: Law, His- gress EPA Subpoena, L.A. TIMES (June 21, 2008). tations, N.Y. TIMES (Feb. 15, 2008).
tory, Practice, & Procedure, no. RL34097, Apr. 15, 2008 169 Press Release, Rep. Henry Waxman, Chairman 177 CRS Contempt Report at 5455.
[hereinafter CRS Contempt Report]. Waxman Warns Attorney General of Scheduled Con- 178 Id.
153 Id. tempt Vote (July 8, 2008) http://oversight-ar- 179 H. Comm. on Oversight and Govt Ref. Minority
154 Id. chive.waxman.house.gov/story.asp?ID=2067 (last vis- Additional Views, EPA, OIRA Investigations & Exec.
155 Id. ited Feb. 22, 2012); Press Release, Rep. Henry Wax- Continued
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H4190 CONGRESSIONAL RECORD HOUSE June 28, 2012
withheld only 32 documents related to the ligence, and eight other White House or Of- documents respectively. In the Patrick Till-
California waiver decision based on execu- fice of the Vice President officials.188 man investigation, the Committee received
tive privilege. These included notes of tele- 31,000 documents. Moreover, in the Valerie
The only documents the Justice Depart-
phone calls or meetings in the White House Plame investigation, the Committee re-
ment declined to produce were the FBI 302s
involving at least one high-ranking EPA of- ceived access to highly sensitive materials
with respect to the interviews of the Presi-
ficial and at least one high-ranking White despite the fact that the Justice Department
dent and the Vice President.189 Ultimately,
House official. 180 The White House Counsel was conducting a parallel criminal investiga-
the Committee relented in its pursuit of the
informed the Committee that these docu- tion.
Presidents 302.190 The Committee, however,
ments represented deliberations at the very As of May 15, 2012, in the Fast and Furious
persisted in its request for the Vice Presi-
highest level of government. 181 investigation, in the light most favorable to
dents 302. As a result, the President asserted
During the Committees 2008 investigation the Department of Justice, it has provided
executive privilege over that particular doc-
into the Administrations promulgation of the Committee over 7,600 pages of docu-
ument.191
ozone standards, the EPA produced or al- mentsa small fraction of what has been
The Committee specifically included 302s
lowed in camera review of over 35,000 pages of produced to the Committee in prior inves-
in its October 12, 2011, subpoena to the Attor-
documents. The President asserted executive tigations and of what the Department has
ney General regarding Fast and Furious.
privilege over a narrow set of documents, en- produced to the Inspector General in this
These subpoenaed 302s do not include FBI
compassing approximately 35 pages. One matter.196 This small number reflects the De-
interviews with White House personnel, or
such document included talking points for partments lack of cooperation since the
even any other Executive Branch employee.
the EPA Administrator to use in a meeting Committee sent its first letter to the Depart-
Still, in spite of past precedent, the Depart-
with [the President]. 182 ment about Fast and Furious on March 16,
ment has refused to produce those docu-
In furtherance of the Committees ozone 2011.
ments to the Committee or to allow staff an
regulation investigation, OIRA produced or VIII. RULES REQUIREMENTS
in camera review.
allowed in camera review of 7,500 docu- EXPLANATION OF AMENDMENTS
In the 110th Congress, the Committee in-
ments.183 Documents produced by EPA and
vestigated the fratricide of Army Corporal Mr. Gowdy offered an amendment that up-
OIRA represented pre-decisional opinions of
Patrick Tillman and the veracity of the ac- dated the Committees Report to reflect that
career scientists and agency counsel.184
count of the capture and rescue of Army Pri- the President asserted the executive privi-
These documents were sensitive because
vate Jessica Lynch.192 The Committee em- lege over certain documents subpoenaed by
some, if not all, related to ongoing litiga-
ployed a multitude of investigative tools, in- the Committee. The amendment also up-
tion.185 The OIRA Administrator withheld a
cluding hearings, transcribed interviews, and dated the Report to include the Committees
certain number of documents that were com-
non-transcribed interviews. The Administra- concerns about the validity of the Presi-
munications between OIRA and certain
tion produced thousands of documents.193 dents assertion of the executive privilege.
White House officials, and the President ulti-
The Committee requested the following: The amendment was agreed to by a recorded
mately claimed executive privilege over
vote.
these documents. 186 [T]he White House produce all documents
Also during the 110th Congress, the Com- received or generated by any official in the COMMITTEE CONSIDERATION
mittee investigated the revelation of CIA op- Executive Office of the President from April On June 20, 2012, the Committee on Over-
erative Valerie Plames identity in the news 22 until July 1, 2004, that related to Corporal sight and Government Reform met in open
media. The Committees investigation was Tillman. The Committee reviewed approxi- session with a quorum present to consider a
contemporaneous with the Department of mately 1,500 pages produced in response to report of contempt against Eric H. Holder,
Justices criminal investigation into the this request. The documents produced to the Jr., the Attorney General of the United
leak of this classified informationa situa- Committee included e-mail communications States, for failure to comply with a Congres-
tion nearly identical to the Committees cur- between senior White House officials holding sional subpoena. The Committee approved
rent investigation into Operation Fast and the title of Assistant to the President. Ac- the Report by a roll call vote of 2317 and or-
Furious. cording to the White House, the White House dered the Report reported favorably to the
Pursuant to the Committees investiga- withheld from the Committee only prelimi- House.
tion, the Justice Department produced FBI nary drafts of the speech President Bush de- ROLL CALL VOTES
reports of witness interviews, commonly re- livered at the White House Correspondents The following recorded votes were taken
ferred to as 302s. Specifically, documents Dinner on May 1, 2004.194 during consideration of the contempt Re-
reviewed by the Committee staff during the port:
The Department of Defense produced over
Valerie Plame investigation included the fol- 1. Mr. Welch offered an amendment to add
31,000 responsive documents, and the Com-
lowing: language to the Executive Summary stating
mittee received an unprecedented level of ac-
FBI interviews of federal officials who did cess to documents and personnel.195 that contempt proceedings at this time are
not work in the White House, as well as The Oversight and Government Reform unwarranted because the Committee has not
interviews of relevant private individuals Committees investigations over the past met with former Attorney General Michael
. . . total of 224 pages of records of FBI inter- five years demonstrate ample precedent for Mukasey.
view reports with 31 individuals, including the production of a wide array of documents The amendment was defeated by a recorded
materials related to a former Secretary, from the Executive Branch. In these inves- vote of 14 Yeas to 23 Nays.
Deputy Secretary, Undersecretary [sic], and tigations, the Committee received pre- Voting Yea: Cummings, Towns, Maloney,
two Assistant Secretaries of State, and other decisional deliberative regulatory docu- Norton, Kucinich, Tierney, Lynch, Connolly,
former or current CIA and State Department ments, documents pertaining to ongoing in- Quigley, Davis, Braley, Welch, Murphy and
officials, including the Vice Presidents CIA vestigations, and communications between Speier.
briefer.187 and among senior advisors to the President. Voting Nay: Issa, Burton, Mica, Platts,
The Committees October 12, 2011, subpoena Turner, McHenry, Jordan, Chaffetz, Mack,
To accommodate the Committee, the De- Walberg, Lankford, Amash, Buerkle, Gosar,
calls for many of these same materials, in-
partment permitted in camera review of the Labrador, Meehan, DesJarlais, Walsh,
cluding 302s and deliberative documents.
following: Gowdy, Ross, Guinta, Farenthold and Kelly.
Still, the Justice Department refuses to
[D]ocuments include[ing] redacted reports comply. 2. Mr. Lynch offered an amendment asking
of the FBI interview with Mr. Libby, Andrew Further, the number of documents the De- for an itemized accounting of the costs asso-
Card, Karl Rove, Condoleezza Rice, Stephen partment has produced during the Commit- ciated with the Fast and Furious investiga-
Hadley, Dan Bartlett, and Scott McClellan tees Fast and Furious investigation pales in tion.
and another 104 pages of additional interview comparison to those produced in conjunction The amendment was defeated by a vote of
reports of the Director of Central Intel- with the Committees prior investigations. 15 Yeas to 23 Nays.
In separate EPA investigations, the Com- Voting Yea: Cummings, Towns, Maloney,
mittee received 27,000 documents and 35,000 Norton, Kucinich, Tierney, Clay, Lynch,
Privilege Claims; Missed Opportunities by Majority to Connolly, Quigley, Davis, Braley, Welch,
Complete Investigations, Oct. 22, 2008. Murphy and Speier.
180 Id. 188 Id.
181 Id. 189
Voting Nay: Issa, Burton, Mica, Platts,
Id.
182 Id. 190
Id.
Turner, McHenry, Jordan, Chaffetz, Mack,
183 Id. 191
Id. Walberg, Lankford, Amash, Buerkle, Gosar,
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184 Id. 192 H. Comm. on Oversight and Govt Ref. Comm. Labrador, Meehan, DesJarlais, Walsh,
185 Id. Report, Misleading Information From the Battlefield: Gowdy, Ross, Guinta, Farenthold and Kelly.
186 Id. the Tillman & Lynch Episodes, H. Rep. 110858, Sept. 3. Ms. Maloney offered an amendment to
187 H. Comm. on Oversight and Govt Ref. Draft Re- 16, 2008. add language to the Executive Summary
port, U.S. House of Reps. Regarding President Bushs 193 Id.
194 Id.
stating that contempt proceedings at this
Assertion of Exec. Privilege in Response to the Comm.
Subpoena to Atty Gen. Michael B. Mukasey, http:// 195 Id.; The minority views by Hon. Tom Davis
oversight-archive.waxman.house.gov/documents/ states that the Comm. received 50,000 pages of docu- 196 Letter from Asst Atty Gen. Ronald Weich to
20081205114333.pdf (last visited Mar. 5, 2012). ments and reviewed additional documents in camera. Chairman Darrell Issa (May 15, 2012).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4191
time are unwarranted because the Com- APPLICATION OF LAW TO THE LEGISLATIVE UNFUNDED MANDATE STATEMENT, COMMITTEE
mittee has not held a public hearing with the BRANCH ESTIMATE, BUDGET AUTHORITY AND CON-
former head of the Bureau of Alcohol, To- GRESSIONAL BUDGET OFFICE COST ESTIMATE
Section 102(b)(3) of Public Law 1041 re-
bacco, Firearms and Explosives, Kenneth The Committee finds that clauses 3(c)(2),
quires a description of the application of this
Melson. 3(c)(3), and 3(d)(1) of rule XIII of the Rules of
bill to the legislative branch where the bill
The amendment was defeated by a vote of the House of Representatives, sections 308(a)
relates to the terms and conditions of em-
16 Yeas to 23 Nays. and 402 of the Congressional Budget Act of
Voting Yea: Cummings, Towns, Maloney, ployment or access to public services and ac-
commodations. The Report does not relate to 1974, and section 423 of the Congressional
Norton, Kucinich, Tierney, Clay, Lynch, Budget and Impoundment Control Act (as
Cooper, Connolly, Quigley, Davis, Braley, employment or access to public services and
accommodations. amended by Section 101(a)(2) of the Unfunded
Welch, Murphy and Speier. Mandates Reform Act, P.L. 1044) are inap-
Voting Nay: Issa, Burton, Mica, Platts, STATEMENT OF OVERSIGHT FINDINGS AND plicable to this Report. Therefore, the Com-
Turner, McHenry, Jordan, Chaffetz, Mack, RECOMMENDATIONS OF THE COMMITTEE mittee did not request or receive a cost esti-
Walberg, Lankford, Amash, Buerkle, Gosar, mate from the Congressional Budget Office
Labrador, Meehan, DesJarlais, Walsh, In compliance with clause 3(c)(1) of rule
XIII and clause (2)(b)(1) of rule X of the Rules and makes no findings as to the budgetary
Gowdy, Ross, Guinta, Farenthold and Kelly. impacts of this Report or costs incurred to
4. Mr. Gowdy offered an amendment that of the House of Representatives, the Com-
mittees oversight findings and recommenda- carry out the report.
updated the Committees Report to reflect
that the President asserted the executive tions are reflected in the descriptive por- CHANGES IN EXISTING LAW MADE BY THE BILL
privilege over certain documents subpoenaed tions of this Report. AS REPORTED
by the Committee. The amendment also up- STATEMENT OF GENERAL PERFORMANCE GOALS This Report makes no changes in any ex-
dated the Report to include the Committees AND OBJECTIVES isting federal statute.
concerns about the validity of the Presi- ADDITIONAL VIEWS
dents assertion of the executive privilege. In accordance with clause 3(c)(4) of rule
XIII of the Rules of the House of Representa- Report of the Committee on Oversight and
The amendment was agreed to by a recorded Government Reform
vote. tives, the Committee states that pursuant to
The amendment was agreed to by a vote of clause 3(c)(4) of rule XIII of the Rules of the Resolution Recommending that the House of
23 Yeas to 17 Nays. House of Representatives, the Report will as- Representatives Find Eric H. Holder, Jr.,
Voting Yea: Issa, Burton, Mica, Platts, sist the House of Representatives in consid- Attorney General, U.S. Department of Jus-
Turner, McHenry, Jordan, Chaffetz, Mack, ering whether to cite Attorney General Eric tice, in Contempt of Congress for Refusal to
Walberg, Lankford, Amash, Buerkle, Gosar, H. Holder, Jr. for contempt for failing to Comply with a Subpoena Duly Issued by
Labrador, Meehan, DesJarlais, Walsh, comply with a valid congressional subpoena. the Committee on Oversight and Govern-
Gowdy, Ross, Guinta, Farenthold and Kelly. ment Reform
CONSTITUTIONAL AUTHORITY STATEMENT
Voting Nay: Cummings, Towns, Maloney, The Department of Justices Operation
Norton, Kucinich, Tierney, Clay, Lynch, The Committee finds the authority for this Fast and Furious: Accounts of ATF Agents
Cooper, Connolly, Quigley, Davis, Braley, Report in article 1, section 1 of the Constitu- Joint Staff Report, prepared for Representa-
Welch, Yarmuth, Murphy and Speier. tion. tive Darrell Issa, Chairman, House Com-
5. The Resolution was favorably reported, FEDERAL ADVISORY COMMITTEE ACT mittee on Oversight and Government Re-
as amended, to the House, a quorum being form, and Senator Charles Grassley, Ranking
present, by a vote of 23 Yeas to 17 Nays. The Committee finds that the Report does Member, Senate Committee on the Judici-
Voting Yea: Issa, Burton, Mica, Platts, not establish or authorize the establishment ary.
Turner, McHenry, Jordan, Chaffetz, Mack, of an advisory committee within the defini- The Department of Justices Operation
Walberg, Lankford, Amash, Buerkle, Gosar, tion of 5 U.S.C. App., Section 5(b). Fast and Furious: Fueling Cartel Violence
Labrador, Meehan, DesJarlais, Walsh, Joint Staff Report, prepared for Representa-
EARMARK IDENTIFICATION
Gowdy, Ross, Guinta, Farenthold and Kelly. tive Darrell Issa, Chairman, House Com-
Voting Nay: Cummings, Towns, Maloney, The Report does not include any congres- mittee on Oversight and Government Re-
Norton, Kucinich, Tierney, Clay, Lynch, sional earmarks, limited tax benefits, or lim- form, and Senator Charles Grassley, Ranking
Cooper, Connolly, Quigley, Davis, Braley, ited tariff benefits as defined in clause 9 of Member, Senate Committee on the Judici-
Welch, Yarmuth, Murphy and Speier. rule XXI. ary.
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H4192 CONGRESSIONAL RECORD HOUSE June 28, 2012
Prepared for
11th Congress
June 14 2011
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4193
Table of Contents
IV. The ATF Policy on Gun Interdiction: "You Don't Get to Go Home" ............................... 11
VI. Concerns about Gunwalking: "What the Hell is the Purpose of This?" ............................ 21
IX. The Tragic Death ofG.S. Border Patrol Agent Brian Terry .............................................. 43
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H4194 CONGRESSIONAL RECORD HOUSE June 28, 2012
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4195
I. Executive Summary
In the fall of 2009, the Department of Justice (DOJ) developed a risky ne"" strategy to
combat gun trafficking along the Southwest Border. The new strategy directed federal law
enforccmcnt to shift its focus away from seizing firearms from criminals as soon as possible-
and to focus instead on identifying members of trafficking networks. The Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) implemcnted that stratcgy using a reckless
investigative technique that street agents call "gunwalking." ATF's Phoenix Field Division
began allowing suspects to walk away with illegally purchased guns. The purpose was to wait
and watch, in the hope that law enforcement could identify other members of a trafficking
network and build a large, complex conspiracy casc.
This shift in strategy was known and authorized at the highest levels of the Justice
Department Through both the u.s. Attorney's Office in Arizona and "Main Justice,"
headquarters in Washington, D.C, the Department closely monitored and supervised the
activities of the ATF. The Phoenix Field Division established a Gun Trafficking group, called
Group VB, to focus on tlrearms tratlicking. Group VII initially began using the new gunwalking
tactics in one of its investigations to further the Department's strategy. The case was soon
renamcd "Operation Fast and Furious," and expanded dramatically. It received approval for
Organized Crime Drug Enforcement Task force (OCDETf) funding on January 26, 2010. ATF
led a strike force comprised of agents from ATF, Drug Enforcement Administration (DEA),
Federal Bureau of Investigation (FBI), Immigration and Customs Enforcement (ICE), and the
Internal Revenue Service (IRS). The operation's goal was to establish a nexus between straw
purchasers of assault-style weapons in the United States and Mexican drug-trafficking
organizations (DTOs) operating on both sides of the United States-Mexico border. Straw
purchasers are individuals who arc legally entitled to purchase firearms for themselves, but who
unlawfully purchase weapons with the intent to transfer them inl0 the hands of DTOs or other
criminals.
Operation Fast and Furious was a response to increasing violence fostered by the DTOs
in Mexico and their increasing nced to purchase ever~growing numbers of more powerful
weapons in the U.S. An integral component of Fast and Furious was to work with gun shop
merchants, or "Federal Firearms Licensees" (FFLs) to track known straw purchasers through the
unique serial number of each firearm sold. ATF agents entered the serial numbers of the
weapons purchased into the agency's Suspect Gun Database. These weapons bought by the
straw purchasers included AK-47 variants, Barrett .50 caliber sniper rifles, .38 caliber revolvers,
and the FN five-seveN.
During Fast and Furious, ATF frequently monitored actual transactions between the FFLs
and straw purchasers. After the purchases, A TF sometimes conducted surveillance of these
weapons with assistance from local police departments. Such surveillance included following
the vehicles of the straw purchasers. Frequently, the straw purchasers transferred the weapons
they bought to slash houses. In other instances, they transferred the weapons to third parties.
The volume, frequency, and circumstances ofthese transactions clearly established reasonable
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H4196 CONGRESSIONAL RECORD HOUSE June 28, 2012
suspicion to stop and question the buyers. Agents are trained to use such interactions to develop
probable cause to arrest the suspect or otherwise interdict the weapons and detcr future illegal
purchascs. Operation Fast and Furious sought instead to allow the flow of guns from straw
purchasers to the third parties. Instead of trying to interdict the weapons, ATF purposely
avoided contact with known straw purchasers or curtailed surveillance, allowing guns to fall into
the hands of criminals and bandits on both sides of the border.
Though many line agents objected vociferously, ATF and DOJ leadership continued to
prevent them from making every effort to interdict illegally purchased firearms. Instead,
leadership's focus was on trying to identify additional conspirators, as directed by the
Department's strategy for combating Mexican Dmg Cartels. ATF and DO] leadership were
interested in seeing where these guns would ultimately end up. They hoped to establish a
connection between the local straw buyers in Arizona and the Mexico-based DTOs. By entering
serial numbers from suspicious transactions into the Suspect Gun Database, ATF would be
quickly notified as each one was later recovered at crime scenes and traced, either in the United
States or in Mexico.
The Department's leadership allowed the ATF to implement this flawed strategy, fully
aware of what was taking place on the ground. The U.S. Attorney's Office for the District of
Arizona encouraged and supported every single facet of Fast and Furious. Main Justice was
involved in providing support and approving various aspeds of the Operation, including wiretap
applications that would necessarily include painstakingly detailed descriptions of what ATF
knew about the straw buyers it was monitoring.
This hapless plan allowed the guns in question to disappear out of the agency's view. As
a result, this chain of events inevitably placed the guns in the hands of violent criminals. ATF
would only see these guns again after they turned up at a crime scene. Tragically, many of these
recoveries involved loss oflife. While leadership at ATF and DO] no doubt regard these deaths
as tragic, the deaths were a clearly foreseeable result of the strategy. Both line agents and gun
dealers who cooperated with the ATF repeatedly expressed concerns about that risk, but ATF
supervisors did not heed those warnings. Instead, they told agents to follow orders because this
was sanctioned frol11 above. They told gun dealers not to worry because they would make sme
the guns didn't fall into the wrong hands.
Unfortunately, ATF never achieved the laudable goal of dismantling a dmg carteL In
fact, ATF never even got close. After months and months of investigative work, Fast and
Furious resulted only in indictments of 20 straw pun;hasers. Those indictments came only after
the death of U.S. Border Patrol Agent Brian Terry. The indictments, filed January 19, 2011,
focus mainly on what is known as "lying and buying." Lying and buying involves a straw
purchaser falsely filling out ATF Form 4473, which is to be completed truthfully in order to
legally acquire a firearm. Even worse, ATF knew most of the indicted straw purchasers to be
straw purchasers before Fast and Furious even began.
In response to criticism, ATF and DO] leadership denied allegations that gunwalking
occurred in Fast and Furious by adopting an overly narrow definition of the term. They argue
that gunwalking is limited to cases in , ....hich ATF itself supplied the guns directly. As field
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4197
agents understood the tenn, however, gunwalking includes situations in which ATF had
contemporaneous knowledge of illegal gun purchases and purposely decided not to attempt any
interdiction. The agents also described situations in which ATF facilitated or approved
transactions to known straw buyers. Both situations are even more disturbing in light of the
ATF's certain knowledge that weapons previously purchased by the same straw buycrs had been
trafficked into Mexico and may have reat.::hed the DTOs. When the full parameters of this
program became clear to the agents assigncd to Group VII, a rift fonned among Group VII's
agents in Phoenix. Several agents blew the whistle on this reckless operation only to face
punishment and retaliation from ATF leadership. Sadly, only the tragic murder of Border Patrol
Agent Brian Terry provided the necessary impetus for DOl and ATF leadership to finally indict
the straw buyers whose regular purchases they had monitored for 14 months. Even then, it was
not until after whistleblowcrs later reporte-d the issue to Congress that the Justice Department
finally issued a policy directive that prohibited gunwalking.
This report is the first in a series regarding Operation Fast and Furious. Possible future
reports and hearings will likely focus on the actions of the United Slates Attorney's Office for
the District of Arizona, the decisions faced by gun shop owners (FFLs) as a result of ATF's
actions, and the remarkably ill-fated decisions made by Justice Department officials in
Washington, especially within the Criminal Division and the Office of the Deputy Attorney
General. This first installment focuses on A TF' s misguided approach of letting guns walk. The
report describes the agents' outrage ahout the use of gunwalking as an investigative technique
and the continued denials and stonewalling by DOJ and ATF leadership. It provides some
answers as to what went ""Tong with Operation Fast and Furious. Further questions for key ATF
and DO] decision makers remain unans,v-ered. For example, what leadership failures within the
Department of Justice allowed this program to thrive? Who will be held accountable and when?
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H4198 CONGRESSIONAL RECORD HOUSE June 28, 2012
John Dodson
Special Agent, ATF Phoenix Field Division
Agent Dodson is the original whistleblower who exposed Operation Fast and Furious. A seven-
year veteran of ATF, Dodson also worked in the sheriffs offices in Loudoun County and other
Virginia municipalities for 12 years. Agent Dodson was removed from Phoenix Group VII in
the summer of 20 I 0 for complaining to ATF supervisors about the dangerous tactics used in
Operation Fast and Furious.
Brian Terry
U. S. Border Patrol Agent
Brian Terry was an agent with the U.S. Border Patrol's Search, Trauma, and Rescue team,
known as BORSTAR. He served in the military and was a Border Patrol agent for three years.
On Dccember14, 2010, during a routine patrol, Terry was confronted by armed bandits. He was
shot once and killed. Two weapons found at the scene traced back to Operation Fast and
Furious.
Jaime Avila
Straw Purchaser
Jaime Avila was the straw purchaser who bought the tvilO AK-47 variant weapons that were
found at the murder scene of Brian Terry. Avila bought the weapons on January 16,2010. ATF,
however, began conducting surveillance of Avila as early as November 25, 2009. On January
19,2011, Avila was indicted on three counts of "lying and buying" for weapons purchased in
January, April, and June 2010.
David Voth
Phoenix Group VII Supervisor
Agent Voth was the former supervisor of the Phoenix Group VII, which conducted Operation
Fast and Furious. As Group VII Supervisor, Voth controlled many operational aspects of Fast
and Furious. Voth is no longer in Phoenix.
Pete ForceUi
Group Supervisor, A TF Phoenix Field Division
Since 2007, Agent Forcelli has been the Group Supervisor for Phoenix Group 1. Before Phoenix
Group VII was formed in October 2009, Group I was the primary southwest border firearms
group. Defore joining ATF in 2001, Agent Forcclli worked for twelve years in the New York
City Police Department as a police officer and detective.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4199
Olindo Casa
Special Agent, ATF Phoenix Field Division
Agent Casa served in Phoenix Group VII during Operation Fast and Furious. Agent Casa is an
I8-year veteran of ATF, having worked in Chicago, California, and Florida. In Chicago, Agent
Casa worked on numerous firearms trafficking cases, i.ncluding a joint international case. Agent
Casa had never seen a gun walk until he arrived at Group VII in Phoenix and participated in
Operation Fast and Furious.
William Newell
Special Agent in Charge, ATF Phoenix FieldDivision
Agent Newell was the former head of the ATF Phoenix Field Division during Operation Fast and
Furious. Newell is no longer in Phoenix.
Emory Hurlev
Assistant U.s. Attorney, District ofArizona
Emory Hurley is the lead prosecutor for Operation Fast and Furious. Hurley advised the ATF
Phoenix Field Division on the Operation, including instructing agents when they were and were
not able to interdict weapons.
Larry Alt
Special Agent, ATF Phoenix Field Division
Agent Alt served in Phoenix Group VII during Operation Fast and Furious. An llyear veteran
of ATF, Agent Alt worked as a police officer for five years before joining ATF. Agent Alt is
also a lav.yer, having served as deputy county attorney in Maricopa County, a county of nearly 4
million people that encompasses the Phoenix metro area.
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H4200 CONGRESSIONAL RECORD HOUSE June 28, 2012
III. Findings
;.. DO] and ATF inappropriately and recklessly relied on a 20-year old A TF Order to allow
guns to walk. DO] and A TF knew from an early date that guns were being trafficked to
the DTOs.
;.. A TF agents are trained to "follow the gun" and interdict weapons whenever possible.
Operation Fast and Furious required agents to abandon this training.
;.. DO] relies on a narrow, untenable definition of gunwalking to claim that guns were never
walked during Operation Fast and Furious. Agents disagree with this definition,
acknowledging that hundreds or possibly thousands of guns were in fact walked. DOl's
misplaced reliance on this definition docs not change the fact that it knew that A TF could
have interdicted thousands of guns that wcrc being trafficked to Mexico, yct chose to do
nothing.
>- A TF agents complained about the strategy of allowing guns to walk in Operation Fast
and Furious. Leadership ignored their concerns. Instead, supervisors told the agents to
"get with the program" because senior ATF officials had sanctioned the operation.
;.. Agents knew that given the large numbers of weapons being trafficked to Mexico, tragic
results were a near certainty.
? Agents expected to interdict weapons, yet were told to stand down and "just surveil."
Agents therefore did not act. They watched slraw purchasers buy hundreds of weapons
Hlegally and transfer those weapons to unknown third parties and stash houses.
? Operation Fast and Furious contributed to the increasing violence and deaths in Mexico.
This result was regarded with giddy optimism by ATF supervisors hoping that guns
recovered at erime scenes in Mexico would provide the nexus to straw purchasers in
Phoenix.
;.. Every time a law enforcement official in Arizona was assaulted or shot by a firearm, A TF
agents in Group VII had great anxiety that guns used to perpetrate the crimes may trace
back to Operation Fast and Furious.
;.. Jaime Avila was entered as a suspect in the investigation by ATF on November 25,2009,
after purchasing weapons alongside Uriel Patino, who had been identified as a suspect in
October 2009. Over the next month and a half, Avila purchased 13 more weapons, each
recorded by the A TF in its database within days of the purchase. Then on January 16,
2010, A vila purchased three AK-47 style rifles, two of which ended up being found at the
murder scene ofD.S. Border Patrol Agent Brian Terry. The death of Border Agent Brian
Terry was likely a preventable tragedy.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4201
:;... Phoenix ATF Special Agcnt in Charge (SAC) William Newell's statement that the
indictments represent the take-down of a firearms trafficking ring from top to bottom, and
his statement that ATF never allowed guns to walk are incredible, false, and a source of
much frustration to the agents.
? Despite mounting evidence to the contrary, DO] continues to deny that Operation Fast
and Furious was ill-conceived and had deadly consequences.
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H4202 CONGRESSIONAL RECORD HOUSE June 28, 2012
A TF' s long-standing poli cy has becn not to knowingly allow guns to "walk" into the
hands of criminals. Yet DOJ and ATF used a 1989 ATF order to help justify allowing straw
purchasers allegedly connected to Mexican drug cartels to illegally buy more than 1,800
weapons during Operation Fast and Furious. While this Order permits agents-at their
discretion-to allow the illegal transfer of firearms to further an investigation, it docs not go so
far as to permit them to pull surveillance completely and allow the guns to walk.
* 'I< *
(2) In other cases, immediate intervention may not be needed or
desirable, and the special agent may choose to allow the transfer of
fireanns to take place in order to further an investigation and allow
for the identification of additional coconspirators who would have
continued to operate and illegally traffic firearms in the future,
potentially producing more armed crime. 1
1BCREAU OF ALCOHOL, TOBACCO, FIREAR.c\1S AND EXPLOSIVES ORDER 3310.4(b) 148(a)(2) (Feb. 8,
1989) (emphasis added).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4203
ATF's reliance on this section or [he Order is misguided. The phrase "immediate
intervention may not be needed or desirable" does not justifY a complete lack of intervention
with regard to thousands of weapons illegally purchased by straw buyers allegedly linked to drug
cartels. ATF cited this Order in an early briefing paper that contained the following paragraph:
This statement leaves little doubt that A TF felt Operation Fast and Furious was compliant
with existing ATF policy. Further, it shows that DOJ and ATF knew from an early date that the
firearms were being illegally trafficked to Mexican drug cartels.
Although senior ATF management cited the Order as justification for Fast and FUrious, it
did not pass muster with street agents. They believed that it did not pennit a total lack of
intervention. Agents believed they must interdict at some point if they have knowledge of an illegal
fireanns transfer. Yet senior management used the Order to justify the notion that ATF would
completely drop surveillance ofthe weapons and then wait until receiving trace requests when the
weapons were eventually recovered at crime scenes. Such traces would supposedly create a "nexus"
between the drug cartels and the straw purchasers. The agents, however, did not agree with any
interpretation of the order that would be consistent with that kind of strategy.
A. That that implies when the straw purchaser makes the purchase at
the counter, you don't have to land on them right there at the
counter or as soon as he walks out the door, that it is okay to allow
it to happen, to allow him to go with that gun under your
2 Briefing Paper, ATF Phoenix Field Division, Group VlI (Jan. 8, 2()1O) (emphasis added).
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H4204 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. Correct.
A. Correct.
A. Yes, sir, that it is not as soon as the FFL hands the straw purchaser
the gun, that's it, you can't let him leave the store with it.
A. Correct?
During Operation Fast and Furious, however, ATF agents did go home. They did not
get the guns. ATF simply broke off surveillance of the weapons. Yet, as Agent Dodson explains
it, the Order used to justify that practice actually anticipates interdiction at some point. It does
not authorize what occurred under Fast and Furious:
3 Transcribed Interview of ATF Special Agent John Dodson, Transcript at 121-123 (April 26. 2011) (on file with
author) [herei.nafter Agent D()dson Transcript).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4205
More so, that line that says the agent has the discretion to allow the
purchaser not ~ or the purchase to proceed or not, what it is trying
to tell you is you don't have to effect the arrest or the interdiction
right there in the store. It is telling you that you can allow it to
happen until that guy leaves the store and meets with the person
that he bought the gun for, then you can effect the arrest. It is not
telling you that you can watch this guy purchase thousands of
firearms m'er 18 months and not do any follow-up on it.4
B. Trained to Interdict
FINDlSG: ATF agents are trained to "follow the gun" and interdict weapons
whenever possible. Operation Fast and Furious required agents to
abandon this training.
Interdiction v. Prosecution: Prior to their assignment with Operation Fast and Furious, AIF
agents were trained to interdict guns and prevent criminals from obtaining them. Interdiction can
be accomplished in many ways. While prosecutors focus on gathering proof "beyond a
reasonable doubt" to be presented at trial, agents begin with a standard of "reasonable
suspicion." If an agent ean articulate a reasonable basis to suspect an illegal purchase, then the
agent can take proactive steps to investigate, potentially develop probable cause to arrest, or
prevent the illegal transfer of firearms some other way. From the agents' point of view, a
prosecution isn't necessary in order to achieve the goal of preventing criminals from obtaining
firearms. An arrest may not even be necessary. In fact, another portion of the AIF Order
describes some of these other interdiction strategies:
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H4206 CONGRESSIONAL RECORD HOUSE June 28, 2012
Three of the special agents assigned to this operation had more than 50 years of law
enforcement experience. Throughout their careers, ATF always taught them to get the guns
away from criminals. When they observed signs of suspicious transactions, agents looked For
ways to prevent weapons from falling into the wrong hands. Agent Dodson testified:
Fast and Furious employed the exact opposite practices. ATF agents rarely talked with
straw purchasers, or conducted a "knock and talk." When guns recovered at crime scenes linked
back to strav.' purchasers, ATF agents did not approach these straw purchasers. Agents did not
S BUREAU Of ALCOHOL, TOBACCO, FlREAR,,\1S AND EXPLOSIVES ORDER 33IO.4(b) 148(b)(J) (Feb. 8,
1989) (emphasis added),
6 Agent Dodson Transcript, at 60-61.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4207
ask them why did they did not still possess guns they had recently sworn on a federal [arm were
for their personal use. Instead, ATF agents stood by and watched for months as the straw
purchasers bought hundreds upon hundreds of additional AK-47 variants and Barrett .50 caliber
sniper rifles. ATF failed to conduct proper surveillance of the walked guns. ATF leadership in
Phoenix cannot account for the location of the walked guns until they tum up at a crime scene,
which may be after they have been used to kill or maim innoGent victims on both sides of the
border. Untold numbers of these weapons likely reached the OTOs in Mexico.
To the extent that these walked weapons reached the OTOs, it is a direct result of the
policy decision to no longer focus on interdicting weapons as soon as possible. From the agents'
perspective, that decision was the polar opposite oftheir understanding ofthe previous policy.
For example, Special Agent Olindo Casa testified:
Q. And if you became aware that somebody purchased guns with the
intent of transferring it to a third person, would it be your practice
and experience to interdict those weapons right away?
A. Yes, yes.
A. Yes. 7
However, under Fast and Furious in Phoenix, agents did not follow these methods. As
Special Agent Lawrence Alt testified:
Q. [l]s it fair to say that if you saw a suspect, a suspicious person ...
leaving an FFL with ... an armful of boxes that appeared to be
AK-47s or like weapons, that in your experience as an agent, I
mean, would you be able to interdict that?
7 Tmnscribeu Interview of A TF Special Agent OIindo James Casa Transcript, at 18 (April 28, 2011 ) (on file with
author) [hereinafter Agent CasaTranscripl].
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H4208 CONGRESSIONAL RECORD HOUSE June 28, 2012
Q. [Y Jou might allow the suspicious person to leave the FFL with a
car full of weapons, you might make a decision not to do a traffic
stop right then, but is it fair to say that you would want to follow
that suspect?
Agent Casa recounted a similar situation. He had also never heard of, nor seen, guns
being allowed to walk until he got to Phoenix:
Q. But that changed when you came to Phoenix, I mean the practice at
least changed, correct?
A. Yes.
Q. So could you - are you saying if you determine that somebody has
acquired a firearm unlawfully -
A. Correct.
8 Transcribed Interview of ATF Special Agent Lawrence AIt, Transcript at 37-39 (April 27, 2011) (on file with
author) [hereinafter Agent Alt Transcript].
9 Agl'nl Casa Transcript, al 92.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4209
A third agent, Special Agent Peter Forcelli, spoke of the importance of interdicting these
weapons:
Q. Did you have any kind of policy regarding gun trafficlGng, in other
words ... was your policy to interdict guns whenever possihle?
p
A. Absolutely. -
Every single agent on every single prior assignment adhered to a policy to interdict weapons as
soon as possible, until Fast and Furious. As one agent put it, "It's like they grabbed the ATF
rulebook and threw it oul the window."!}
The Department of Justice has repeatedly and steadfastly denied that any guns were
walked under Operation Fast and Furious. According to the narrowest possible interpretation, a
gun is walked only when an ATF agent physically places an AK-47 into the hands of a straw
purchaser and then lets that straw purchaser walk out of sight. Conversely, every single ATF
field agent interviewed stated that guns are walked when ATF has the opportunity to interdict
illegally purchased weapons, yet chooses not to even try.
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H4210 CONGRESSIONAL RECORD HOUSE June 28, 2012
DO] officials must have known that straw purchasers were buying guns illegally and
transferring them to third parties for trafficking across the border. This was clear, or at least
should have been clear, from the following factors:
Yet, ATF failed to use this infonnation to interdict future purchases and prevent guns
from crossing the border.
Instead, AT}' followed DOl's new policy. and focused on simply trying to identifY more
and more members of the trafficking ring. It was a conscious decision to systematically avoid
interdicting guns that normally should have been interdicted, according to the agents. Thus, the
agents considered it to be gunwalking. Agent Dodson testified:
As the agent explained, ATF did not teach agents to walk fireanns as such a practice was
beyond comprehension. Agent Casa provided a similar understanding of gunwalking:
.... If you can interdict it and you don't, in my opinion you have
walked it. There are times ... we do a car stop, the person maybe
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4211
bought two guns, they would have a story that was reasonable.
They had a pay stub ... that indicated they had a salary or they had
a - they can articulate why they bought it. A couple times it
happened. Like I said, maybe twice they went on their way.
Okay.
But again ... walking guns, in my opinion, is if you can stop it and
you don't. There are some whose definition is if A TF has the gun
and gives it, then we are walking it. 16
Regardless of which definition one subscribes to, the two situations both warrant action.
Still, DO] and some senior A TF officials maintain that federal agents did not sanction or
knowingly allow the transfer of firearms to straw purchasers. Yet, the evidence demonstrates
that DO] and ATF were well aware of what was happening.
Phoenix Field Division leadership did not tolerate debate or dissent from agents over
tenninology or strategy. Agent Dodson testified:
Q. I believe you mentioned that there was some dispute about exactly
what gun walking meant.
***
And can you describe what the difference was, difference of
opinion was?
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H4212 CONGRESSIONAL RECORD HOUSE June 28, 2012
ATF special agents in Group VI1 expressed many concerns about the strategies employed
during Fast and Furious. None of the agents had ever before allowed a gun to "walk." None of
the agents had even heard of allowing a gun to be "walked." The ATF academy does not teach
agents to walk weapons, and the practice is abhorrcnt. Yet, in this operation, vctcran ATF agents
acted against their training and well"established ATF practice in allowing guns to walk right out
oftheir sight. In spite of the agents' frustration and dismay, ATF leadership from Phoenix to
\Vashington refused to acknowledge the validity of their concerns.
FINDL"IG: ATF agents complained about the strategy of allowing guns to walk in
Operation Fast and Furious. Leadership ignored their concerns.
Instead, supen-'isors told the agents to "get with the program" because
scnior ATF officials had sanctioned thc operation.
When agents learned that the tactics used in Fast and Furious required guns to be walked,
many veteran special agents criticized and rebelled against the policy. These agents felt
hamstrung, given that they could not use the training they had received throughout their careers.
As Agent Dodson testified:
Q. Based on our training and experience, what did you think about
[walking guns]?
A. It was something I had never done before, siL And quite frankly, I
took great issuc with it and concern. 1 felt like 1 understand the
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4213
A. Yes, sir.
Q. And maybe you could just tell us what other agents you-
Agents felt compelled to speak up \vithin days after joining Group VII. Agents
complained to their superiors, to no avail. The agents, new to Phoenix, had to comply:
A. Oh, it was almost immediateZy before we had ... Special Agent Casa and I
had taken it up with Special Agent [L], Special Agent [D], and as wen as
20
Group Supervisor Voth.
Having launched an innovative strategic plan, ATF senior leadership at Phoenix was
excited at the prospect of a new way of combating drug cartel activity. ATF and DOJ leadership
both approved of this plan. As such, A TF Phoenix leadership were loathe to let disgruntled field
agents scuttle their signature achievement. In this matter, a great divide developed between
those who knew walking guns was a bad policy and vehemently spoke out against it, and those
who believed walking guns was an effective policy.
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H4214 CONGRESSIONAL RECORD HOUSE June 28, 2012
A widely discussed e-mail from Group VII Supervisor David Voth best summarizes the
divide that had emerged in Group VII, with senior special agents on one side, wanting to stop the
operation, and those in the ATF chain of command on the other, wanting to continue the gun
' 21
waIkmg:
it has been brought to my attention that there may be a schism developing amongst the group. This Is the time we all
need to pull together not drift apart. We are all entitled to our respective (albe!t different) opinions however we all
need to get along and realize that we have a mission to accomplish.
I am thrilled and proud that our Group is the first ATF Southwest Border Group in the coontry to be (S{ling up on wire.
On that note I thank everyone for their efforts thus tar and applaud tile results we have achIeved In a short amount of
time.
Whether you care or not people of rank and authority at HQare paying close attention to this case and they also believe
we (Phoenix Group VII) are doing what they envisioned the Southwest Border Groups doing. It may sound cheesy but
we are "The tip ofthe ATF spear" when It comes to Southwest Border Fireanms Trafficking.
We need to resolve our issues at this meeting. I will be damned if this case Is going to suffer due to petty arguing,
rumors or other adolescent behavior.
I don't know what all the Issues are but we are all adults, we are all professionals, and we have a exciting opportunity to
use the biggest tool In our law enforcement tool box. If you don't think thEs is fun you're in the wrong line ofworl<-
periodl This is the pinnacle of domestic u.s. law enforcement techniques. After this the tool box is empty. Maybe the
Maricop<! County Jai! is hiring detention officers and you can get paid $30,000 (Instead of $100,000) to serve lu.nch to
Inmates all day.
Despite this e-mail, agents continued to experience dismay and frustration as Operation
Fast and Furious continued along its perilolls path. As Agent Casa testified:
Q. And is it fair to say that ... the folks on your side of the schism
wanted to do everything they could to interdict these weapons so
they wouldn't get any farther down the street than they have to?
A. Yes, sir. We were all sick to death when we realized that - when
we realized what was going on or when we saw what was going on
by the trends. We were all just, yes, we were aU distraught. 21
The rift widened when the Assistant Special Agent in Charge (ASAC) authoritatively and
unambiguously told Group VII that guns were not being walked, that the special agents were
incorrect in their terminology, and that tht:re would be no more dist:ussion or dissension about
this topic. Agent Dodson testified:
21 Emml from Group VII Supervisor David Voth to Phoenix Group VII (Mar. 12,2010).
12 Agent Casu Trnnscript, at 41.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4215
Even some - outside Group VII - with reservations about the practice, indicated that they
gave them the benefit of the doubt because the case was being supervised by the U.S. Attorney's
office. Agent Foreelli testified:
FINDING: Agents knew that given the large numbers of weapons being
trafficked to Mexico, tragic results were a near certainty.
Since Group VII agents were instructed not to interdict as early and as often as they
believed they should, the agents quickly grasped the likelihood of tragic results. Agent Alt
testified:
A. I know that was talked about ... the probability of a bad situation
arises with the number each ~ as the number of firearms increases,
meaning firearms that are out and outside of our control in this
environment ''lith this type of a case, which we arc talking about a
tireanns trafficking case, southwest border fireann trafficking
case, I only hope the case agent knows \vhere they are going. But
they are out there and they are not accounted for by us, at least that
I am aware of. So there is certainly a greater probability and a
greater liability.
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H4216 CONGRESSIONAL RECORD HOUSE June 28, 2012
I can tell you that as early as June of last year I predicted to some
of my peers in the office that we would be sitting right where we
are today in this room.
***
Q. And is it fair to say thai anxiety is heightened because of the
possibility of some of these guns getting into the hands of
criminals and being used against your fellow law enforcement
agents?
A. Yes. And it is not even the possibility, because we know that they
were procured unlawful1y. So if we know that [rom the beginning,
they are already in the hands of criminals, so now we are simply
dealing with what is the consequence ofthat. 25
The most frustrating aspect orthe gunwalking policy for the agents was that they
believed they could have interdicted and stopped the guns from walking.
When agents arrived in Phoenix in December 2009, they believed there was already
enough information to arrest the straw purchasers, try to Hip them, and begin working up the
chain with an eye toward "bigger fish" in the organization. Yet, the fall of 2009 brought a
remarkable departure from the normal practice of interdiction. ATF's strategy explicitly stated
that it would allow straw purchasers to buy weapons, and that's exactly what happened. Agent
Dodson testified:
Q. With the new resources in Group 7 in the fall of '09 ... you talked
about some of the speciaJ agents that were joined, if all of you had
interdicted the weapons as you saw them, what percentage do you
think you could have prevented from sort of entering the stream ..
. if you read the press accounts of this, it is some\vhere along the
lines of 2,000 firearms have disappeared. How many do you think
you and your colleagues would have been successful to interdict?
Is it 10 percent, 50 percent?
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4217
And of all the ones that we didn't land on, several of them would
have spoken to us, a couple of them even maybe would have
worked for us as a confidential informant or sources, which is how
you climb the ladder in an investigation into an organization.
Sitting back and watching isn't it. Okay? If you are ""atching a
TV show at that point of the wire, you are not doing your job.
Your job is to get out here and make a difference. And we could
have done it '';'hen we hit the ground. So what are we talking?
1730, to answer your question, is my opinion of how many of
these firearms that we could have and should have prevented from
ever being purchased by these individuals and subsequently
trafficked to known criminals or cartel elements south of the
border and elsewhere.
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H4218 CONGRESSIONAL RECORD HOUSE June 28, 2012
Untoltunately, the agents' complaints fell on deaf ears. As one ASAC noted, the policy
and Operation had been sanctioned. For many of the agents, the operation only fueled their
outrage. According to the agents, the operation failed to use their investigative strengths, honed
over dozens of years in law enforcement. Agents saw the whole operation as pointless, a poor
way to operate, and above all, dangerous. Agent Dodson testified:
Q. Can you be more specific about the instances in which you were
told not to use those techniques?
You asked me ... a specific time where you voiced where you
want to do this. Every day, all right? It was like are we taking this
guy? No. Why not? Because it is not part of the plan, or it is not
part ofthc case. [Agent L] said no, Dave said no, [Agent E] said
no. What are we doing here? I don't know. What the hell is the
purpose olthis? I have no idea. This went on every day.27
DOl and ATF determined that the goal of making the big case was worth the risk of
letting hundreds and hundreds of guns go to criminals in the process. This conclusion was
unacceptable to the agents on the ground carrying out these direct orders. The agents knew they
were facilitating the sale of AK-47 variants to straw purchasers. Supervisors ignored complaints
and retaliated against agcnts who did complain by transferring thcm out of ATt' Phoenix (Jroup
VII. As Agent Dodson recalled:
A. Oh, yes, sir, and not only with people on my side of the schism. I
mean this was why I was, I mean J guess we will get to this later,
but why I am no longer in Group 7, is because I addressed it with,
or primarily with those on the other side of the schism.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4219
***
Q. And is it fair to say at this point you arc outraged?
A. Yes. 28
This agent's fear and outrage were realized by the death of Border Patrol Agent Brian
Terry, a member of the U.S. Border Patrol Tactical Unit, as well as the almost certain deaths of
countless Mexican citizens killed and the unknown amount of other crimes with weapons
stemming from Fast and Furious. In Fast and Furious, A TF wanted to design a unique way to
pursue the drug cartels. ATF and DO] failed spectacularly to consider resulting negative
outcomes. As Agent Dodson noted:
Fast and Furious required agents to stand down, ignoring their training and professional
instincts. Allowing guns to fall into the hands of the DTOs was the Operation's central goal.
Even when agents were able to interdict weapons, they received orders to stand down.
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H4220 CONGRESSIONAL RECORD HOUSE June 28, 2012
FINDING: Agents expected to interdict weapons, yet were told to stand down and
"just surveil." Agents therefore did not act. They watched straw
purchasers buy hundreds of weapons illegally and transfer those
weapons to unknown third parties and stash houses.
During their interviews, several agents offered derailed descriptions of their observations
of suspected straw purchasers entering FFLs to purchase enormous quantities of assault rifles.
Following orders, they did not intervene. Agent Dodson remembered:
Q. You got a guy that had purchased ... 40 different AKs in tbe past
two montbs and ... five or ten of them had already returned in
time to crime. So I thought here we go, we are going to start
interdicting people.
A. Oh, yes, sir. I mean first or second day you arc starting to question
why aren't we doing this, And then by the end of the week it was .
. . frustration already as to how many guns have we watched these
guys get away with.
Q. In your tirst week, can you make an estimate of how many guns
you saw get loaded into a vehicle and driven away? I mean, are
we talking like 30 or one?
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4221
Witnessing, hut not contacting, straw purchasers buying weapons from FFLs became
common practice for Group VII field agents in Phoenix. Agents sometimes conducted minimal
surveillance following the purchases. Sometimes they conducted no surveillance. As Agent
Dodson testified:
Typically, agents ended surveillance of both the guns and the straw purchasers. Agent
Alt testified:
A. Yes ..l 1
Superiors specitlcally ordered Held agents to "stand down" despite establishing probable
cause that a straw purchase had occurred. Agent Casa testified:
Q. And you were instructed or under orders from the case agent and
group supervisor to do what, to do nothing?
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H4222 CONGRESSIONAL RECORD HOUSE June 28, 2012
Yeah, .. one of those days I called the case agent on the Nextel,
said, hey ... our straw purchaser, one of our targets has transferred
the guns, he is driving south. This unknown person that just got
delivered the firearms probably ... all intents and purposes gave
the straw purcha.<;er the money to buy the guns had all the guns and
he is going north. Hey, why don't we go ahead and stop that
vehicle, rip the guns, and you can do what you want, we can arrest
them. We don't have to arrest them. But we will grab the guns.
And they said no. And I said this person is an unknown person.
Well, you got the license plate. Well, it can be, that car could be
registered to anybody, we don't know who that person is, let's at
least do a vehicle stop so we can ID the person so maybe later we
could get the guns back No,just surveil. 33
A. Yeah. And again, the reason, being a cop for so long you hear so
many lhings on the radio, but you always can tell when somebody
is in distress by the tone of their voice. As a cop you start racing to
the scene before you actually hear the call. This was a similar
instance, where you can tell by the tone of his voice something
wasn't right.
Later on I spoke with him. And he said that a car had almost come
at him. That's how aggressive they had become during the
surveillance. And that's why he was so excited on the radio. But
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4223
he was told to not stop the car with the guns in it, which to me
makes no sense. 34
A. Correct. 35
Unfortunately, ordering special agents to "stand down" when they planned to interdict
guns became the nann, As Agent Dodson testified:
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H4224 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. Yes, sir.
A. No, sir. We \'lere, at the time, one of the incidents that I recall
specifically, Special Agent [D] was in the wire room at the time.
W c had been directed by both case agent and group supervisor that
absent both of them, she is in charge. When we were
communicating the interdiction that we were going to makc over
the radio, she, monitoring the radio traffic in the wire room, came
back over and ordered liS to stand down.
I debated this with her. probably far more lengthy than I should
have over the radio, and again ultimately was just ordered to stand
down. There were actually more than one of these discussions
\'lith her and Group Supervisor Voth, as \vell as with Special Agent
[L], when r thought we had a duty to act, that that was
no'?feasance on our part by not doing so. And each time I was, ..
told to stand down and somewhat reprimanded afterwards for
36
voicing it.
Other agents had similar experiences in being told to stand down. Agent Casa
remembered:
These were not isolated incidents. Group Vii members discussed, debated, and Inmentcd
walking guns on a daily basis, but the practice continued. Agent Cas a testified:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4225
Q. And essentially you witnessed guns walk; that was not consistent
with your training and experience?
A. Yes.
The genesis of this case was when they were calling in these
people that they knew. This guy comes in, buys 10, 15, 20 AKs
or ... a 22-year-old girl walks in and dumps $10,000 on
AK-47s in a day, when she is driving a heat up car that doesn't
)13ve enough me(al to hold hubcaps 011 it. They knew what was
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H4226 CONGRESSIONAL RECORD HOUSE June 28, 2012
Since ATF supervisors regarded violence and deaths in Mexico as inevitable collateral
damage. they were not overly concerned about this effect of the Operation. Quite the opposite,
they viewed the appearance of Fast and Furious guns at Mexican crime scenes with satisfaction,
because such appearances proved the connection between straw purchasers under surveillance
and the DTOs. For example, Group vn Supervisor David Voth eagerly reported how many
weapons their "subjects" purchased and the immense caliber of some of these gUllS during the
month ofMareh alone:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4227
Friday' til
From: Voth, David J.
Sent: 02, 2010 10:31 AM
To;
ICC: Phoe-Group VII
!Subject: No pressure but perhaps an increased sense of urgency .
'IEXH'O ST},:rs
j hope this e-mail is wet! received in that it is not intended to Imply anything other than that the violence in Mexico Is
5eVre and without being dramatic we have a sense of urgency with regards to this InvestigatIon. Our subJects
purchased 359 firearms during the month of Mar;.:h alone, to indude numerous Barrett .50 c<:Iliber rifles. I believe we
are righteous In our plan to dismantle this entire organization and to rush in to arrest any one person without taking in
to account the entire scope of the conspiracy would be ill advised to the overall good of the mission. I acknowledge that
we are all til agreement that to do SQ properly requires patience and planning. In the event however 1hat Ulere is
anything we can do to facilitate a timely response or turnaround by others we should communicate our !!ense of urgency
with regard to this matter.
David Voth
Group Supervisor
Phoenix Group VII
The agents within Group VII described Voth' s reaction to all this gun violence in Mexico
as "giddy:>41 In addition to this e-mail.private conversations they had with Voth gave them the
impression that Voth was excited about guns at Mexican crime scenes subsequently tmced back
to Fast and Furious. Agent Dodson explains:
Q. Then there is an e-mail that was on CBS news that I made notes
about written on April 2, 2010 by Group Supervisor Voth?
A. Yes, sir.
A. Yes, sir.
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H4228 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. Yes, sir.
Q. The e-mail further goes on and says thcre was 937 killed in
January 2010, 842 killed in December, 2009. The numbers are
increasing?
A. Yes, sir.42
This evidence established a nexus between straw purchasers in the United States and the
DTOs in Mexico, bringing A TF one step closer to catching the "bigger fish." This strategy of
letting the "little fish" go in order to capture the "bigger fish" was the ultimate goal of Phoenix
Group VII. As Agent Dodson explained:
A. Correct.
Q. And that the increasing levels of violence were proof you were on
the right track, essentially.
A. Well, both. I get that impression from reading his e-mail, but
perhaps I get that impression because of knowing him how well I
did.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4229
Agent Alt described in great detail his disgust at the self-satisfaction of ATF leadership
for sending guns into what they knew to be a war zone. He also expounded on his view that the
Group Supervisor should have been more concerned with those deaths in Mexico rather than
with motivating his team. Hc testified:
A. Yes, sir.
A. Yes, sir. It was - there \vas a prevailing attitude amongst the group
and outside of the group in the A TF chain of command, and that
was thc attitude .... J had heard that. sentiment from Special
>
Agent [E) Special Agent [LJ, and Special Agent Voth. And the
time referenced in the interview was, I want to say, in Mayas the
GRIT tcam or gunrunner initiative team was coming out. I was
having a conversation with Special Agent [LJ about the case in
which the conversation ended with me asking her are you prepared
to go to a border agent's funeral over this or a Cochise County
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H4230 CONGRESSIONAL RECORD HOUSE June 28, 2012
The increasing number of deaths along with the increasing number of Fast and Furious
guns found at Mexican crime scenes evoked a very different reaction among the line agents.
They had great anxiety about the killings across the border. Their concern focused on reports of
shootings and assaults oflaw enforcement officials. They worried openly of the consequences of
walked weapons used to shoot a police officer.
This worst-case scenario came to fruition when United States Border Patrol Agent Brian
Terry was murdered and two "walked" AK-47 rifles were found at the scene of the murder.
Agent Foreelli described the mood following the Terry murder:
Q. Do you recall any specific conversations that you had about after,
after learning that ... two of the guns at the scene had been traced
back to the Fast and Furious case?
A. [T]here was kind of a thing like deja vu, hey, we have been saying
this was going to happen. The agents were pretty livid and saying
exactly that. We knew. How many people were saying this was
going to happen a long time before it did happen?
And then there was a sense like every other time, even with Ms.
Giffords' shooting, there was a state of panic, like, oh, God, let's
hope this is not a weapon from that case. And the shooting of Mr.
[Zapata] down in Mexico, I know that, again, that state of panic
that they had, like please let this not come back.
Agent Alt explained the process by which A TF learned that weapons were being
trafficked into Mexico.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4231
A. Well, there is a variety of ways. One ... you would identity where
they arc going by virtue of recoveries that are happening in crimes
or interdictions .... So you identifY that they are going south. And
I think then the strategy, if I understand it, is that the firearms are
then, once ... they arc going south, you try and follow them and
figure out where they art: going and to who they are going to tie to
a greater organization and more people, identify the hierarchy of
the organization. That's the strategy.
And I don't know how you perfect a case doing that when you
don't have the guns .... But thc stratcgy to me would have to be
that there has got to be some measure of accounting or follow-up
4~
The notion that these guns movcd into Mexico and aided the drug war distressed the ATF
field agents, including Agent Casa:
A. Yeah.
Q. And is it fair to say that some, if not many, of these crime scenes
would be where people would be seriously injured or possibly
killed?
A. Of coursc,
A. Sure. 48
Agent Casa also emphasized that those who planned and approved Operation Fast and
Furious could havc predicted the ensuing collateral violence:
I feel for the family of Agent Terry, I feel for his death .... I don't know
how some of the people I work with could not see this was going to be an
inevitable outcome, something like this happening. And I don't know
why they don't think that six months from now this won't happcn again.
or a year from now, a year and a half from now.
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H4232 CONGRESSIONAL RECORD HOUSE June 28, 2012
But I don't know the exact number of guns that were put out into the
streets as a result of this investigation. But they are not going to
disintegrate once they are used once. They are going to keep popping up
over and over and OV~r.49
The design defect of Fast and Furious was its failure to include sufficient safeguards to
keep track of thousands of heavy-duty weapons sold to straw purchasers for the DTOs. ATF
agents did not maintain surveillance of either the guns or the straw purchasers. The guns were
therefore lost The next time law enforcement would encounter those guns was at crime scenes
in Mexico and in the United States. However, because ATF had contemporaneous notice of the
sales from the gun dealers and entered the serial numbers into the Suspect Gun Database, agents
were notified whenever a trace request was submitted for one of those walked guns. As Agent
Alt testified:
Q. [A] little bit earlier you talked about a level of anxiety, the anxiety
among the agents, perhaps even the supervisors, relating to
weapons that are found at crime scenes. There was a death, there
is a murder scene in Mexico. There is a trace that comes in of
some kind, and the weapon is then connected to a \veapon that may
have been one of the weapons that were w'alked .... Is that
accurate?
***
Q. Pucker factor, precisely. But that's what it is relating IO? I am
saying that correctly, right?
A. Yes.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4233
A. Absolutely.
Q. [B]ut isn't that crime scene also the reason or the place that permits
us to trace the gun? In other words, once the gun is walked, let's
say it walks south, isn't the only other information we are ever
going to get ahout that gun, Isn't that going to come from a crime
scene?
*" **
Q. So assuming for a second tbat tbat does not exist because we
don't have any evidence to speak of, the only way we arc going
to see tbis firearm that was let go --
A. Is a crime recovery.
A. That's correct.
Q. -- which would be either in the pocket ofa person caught for some
other offense or vcry likely at a shooting?
***
Q. But so typically the recovery \vill have evolved around a serious
injury or gun related?
A Yes ... there is a lot of violence, and guns are recovered with
respect to the violence. A lot of your big seizures of the guns,
though, the big seizures of the guns, mass is usually in conjunction
of seizures of other things.
***
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H4234 CONGRESSIONAL RECORD HOUSE June 28, 2012
IX. The Tragic Death of U.S. Border Patrol Agent Brian Terry
Fast and Furious has claimed the life of an American federal agent. Late in the evening
of December l4, 20lO, Border Patrol Agent Brian Terry, a native of Michigan, was on patrol
with three other agents in Peck Canyon, near Rio Rico, Arizona. One of the agents spotted a
group of five suspected illegal aliens; at least two were carrying rifles. Although one of the
border patrol agents identified the group as federal agents, the suspected aliens did not drop their
weapons. At least one of the suspected aliens fired at the agents, who returned fire. Agent Terry
was struck by on bullet that proved to be fatat 5l
Most of the suspected aliens fled the scene, though one of them, Manual Osorio-
Arellanes, had been wounded and was unable to flee. A slew of federal agents from a variety of
agencies arrived at the scene and the authorities' recovered three weapons from the suspects,
who had dropped their rifles in order to flee the scene faster. Two of those recovered weapons
were AK-47 variant rifles that had been bought on January 16,2010 by straw purchaser Jaime
Avila during Operation Fast and Furious. Avila was entered as a suspect in the investigation by
ATF on November 25, 2009. This occurred after he purchased weapons with Uriel Patino, a
straw buyer who had previollsly been identified as a suspect in October 2009. On November 24,
2009, agents rushed to the FfL to surveil Avila and Patino, but arrived too late. Over the next
month and a half, Avila purchased 13 more weapons, each recorded by the A TF in its database
within days of the purchase. Avila bought the weapons recovered at the scene of Agent Terry's
murder almost two months after ATF knew he was working with Patino. Avila's purchases
would eventually total fifty two under Fast and Furious. 52 Patino's purchases would eventually
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4235
top 660. As with all the Fast and Furious suspects, gun dealers provided contemporaneous
notice of each sale to the A TF. 53
The day after the Terry shooting, law enforcement agents located and arrested Avila in
Phoenix. The U.S. Attorney's Office in Arizona later indicted him. Avila's indictment,
however, is typical of the indictments that have resulted thus far from Fast and Furious. Avila
was indicted on three counts of "lying and buying"-including false statements on ATF Form
4473, a prerequisite to the purchase of any fireann. These three indictments, however, do not
stem from the weapons purchased on January 16,2010, that eventually ended up at the Terry
murder scene. Instead, Avila was indicted with respect to rifles he bought six months later and
which also tumed up at a crimc sccnc.
On May 6, 2011, DO] unsealed an indictment of Manuel Osorio-Arellanes for the murder
of Brian Terry.54 Federal authorities, led by the FBI, are pursuing his eo-conspirators, including
the gunman suspected of firing the fatal shot and fleeing the scene.
In Phoenix, the news of Agent Terry's death deeply saddened, but did not surprise, Group
VII agcnts. They had agonized over the possibility of this cvent, and they ruefully contemplated
future similar incidents resulting from the abundance of illegal guns.
During their transcribed interviews. the ATF agents shared their reactions to Agent Brian
T crry' s murder. Agent Dodson testified:
Q. Along those lines, when did you find out that Agent Terry was
killed?
**'"
A Well, I was called by another agent and was told that - or asked ifI
had heard about Agent Terry's death. I told him that I had. And
then he confirmed for me what I already thought when he called,
which was that it was one of the guns from Fast and Furious.
53 Id.
S-! u.s. v. Manuel Osorio-Arellanes et aI., No. CR-II-O lSO-TUC-DCB-JCG. (D.Ariz. Apr. 20, 2011).
55 Agent Dodson Transcript, at 136-! 37 .
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H4236 CONGRESSIONAL RECORD HOUSE June 28, 2012
Agent Dodson also detailed A TF's awareness of and its multiple contacts with the
accused murderer, Jaime Avila, for months prior to Agent Terry's murder.
Then 011 December 14th, 2010 Agent Brian Terry is killed in Rio Rico,
Arizona. Two weapons recovered trom the scene. .. two AK variant
weapoos purchased by Jaime Avila on January 16th, 2010 while we had
him under surveillance, after we knew him to be a straw purchaser, after
we identified him as purchasing firearms for a known Mexican drug
carte 1. 56
Although the ATF agents' worst fears were confirmed, they did not feel good about being
right. In the wake of Agent Terry's death, they were even more upset, saddened, and
embarrassed. Agent Alt explained:
I have loved working for A TF since I have been hired here. I came here to
retire from ATF. I could be doing any number of things, as you aU are
aware .... I could be whatever I chose to be, and I chose to be here.
I am not -- I am embarrassed here. I regret the day that I set foot into this
field division because of some of the things that a few people have done
and the impact that it has had on our agency, and not the least of, not the
least, though, is the impact it has had on the public and safety and Agcnt
Terry. While I don't know that guns in any of these cases are directly
responsible for his death, I am appalled that there would be in any way
associated with his death. 57
A December 15, 2010 e-mail exchange among A TF agents details the aftermath of Agent
Terry's death. ATF, fearing the worst, conducted an "urgent firearms trace" of the firearms,
recovered on the afternoon of the murder. By 7:45 p.m. that evening, the trace confirmed these
fears:
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Dec
ISUllJjes::t: U,S, &:m:fer PQtro! ~ kllled In tne I{na or dUty Two flreamls recuvered by ATF
two fireartrurreccveted by ATF this afternoon neat Rio Rico, Arizona, in conjunction with the
death of U.s. Boccie!.' Patrol
investigation _
a.rm
Terry were identified as lSuspect Gm,..,' in the Fant at1A.~
I!!!~t:c:ontact m('l}ate this afternoon requesting ]ntel tl"'wSistanre in the tracing of two recovered
I h1.ltiated an mgent fitearms trace l:equelts on both of the firearms and then contacted the Nrc: to
the tri\ces lAIL-'l'e conducted today. .
I was advised by the NTC that the fuei1t1'rl1S....-ereentered into ATF S'mlpt Gun database by SA
Medina and nssjX'iated to the Fast and Furious investigation. TIle NTC ftllthel' advised that on
01/16/10 Jaime AVILA purchased three Romarm 7.62 rilles from Llme WolfTl't,dingCompany, two
of these fireann.'l ai',," the recovered firearms cited above.
No trace has been sulnrutted on the third fu-eatm pCll'Chased by AVILA (selia!. ntEmber 1979TS1530). I
status of fireantl$ re~.red earlier the r~Bt
Agent Terry did not die in vain_ His passing exposed the practice of knowingly allowing
the transfer of guns to suspected straw purchasers. A TF now maintains it no longer condones
this dangerous technique. The cessation of this practice \viH likely save lives on both sides of the
border. Tragically, however, we will be seeing the ramifications of the policy to allow guns
from Fast and Furious be transferred into the hands of suspected criminals tor years to come.
These weapons will continue to be found at crime scenes in the Uniled States and Mexico.
On January 25, 2011, Phoenix SAC WiHiam Newell gave a press conference announcing
the indictment of20 individuals as a result of Fast and Furious. Most of the indictment involves
"lying and buying" ~ paper transgressions that carry much lighter sentences than felonies relating
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H4238 CONGRESSIONAL RECORD HOUSE June 28, 2012
to actual fin:arms trafficking, Under "lying and buying," a straw purchaser improperly out mls
ATF Form 4473, required before the purchase of any firearm, by submitting false information.
A comparison of the indictment with the goals of Fast and Furious reveals the Operation's utter
failure. According to the agents, the Department could have indicted all 20 defendants far
sooner than January 2011. Instead, the timing of the indictment appears to coincide with the
outrage following the killing of Border Agent Brian Terry. Agent Dodson testified:
Q. You could have arrested them the day you saw this stuff
happening?
At the press conference announcing the indictments, SAC Newell made two notable
comments. Newell claimed that the indictments represented a take-down of a fireanns
traftlcking ring from top to bottom. 59 Yet virtually all ofthe indicted defendants were mere
straw purchasers-not key players of a criminal syndicate by any stretch of the imagination.
Newell's second notable comment was equally negligent and inaccurate. \Vhen asked
whether or not ATF ever allowed guns to walk, Newell emphatically exclaimed "Hell, no!,,60
His denial was shocking to those who knew the truth, like Agent All;
*' * *
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4239
Q. When SAC Newell made those statements at the press conference and you
said something along the lines - did your jaw drop?
Q. Is it fair to say that his statements that caused your mouth to drop, that's a
spectacular lie, isn't it?
A. Yes, I do.
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H4240 CONGRESSIONAL RECORD HOUSE June 28, 2012
Agent Forcelli shared similar sentiments over Newell's remarkable statements during the
press conference.
Q. Right. Did you attend that press conference that SAC Newell
came down to do, or did?
A. No. I was involved in the command post that day. I ,vasn't there.
I heard about it. I was appalled.
A. Insulted. Because I know that they were saying that this was a
technique that was like a great new technique we were using ....
And it just amazes me. But he knew what was going on. He is the
SAC. And agents knew that guns were not being interdicted. 64
None of the agents interviewed believed Newell's dramatic comment to be truthful. His
denial of the existing policy sought to end questioning on this topic once and for all. Instead, it
only engendered more attention and interest.
The denials of gunwalking became more sensational as they continued. Presented with
an opportunity to set the record straight, the Department of Justice instead chose a path of denial.
In a February 4, 2011 letter to Senator Charles Grassey, Ranking Member of the Senate
Judiciary Committee, DOl's Assistant Attorney General for Legislative Affairs wrote:
At the outset, the allegation described in your January 27 letter - that ATF
"sanctioned" or otherwise knowingly allowed the sale of assault weapons
to a straw purchaser wbo then transported them into Mexico - is false.
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ATF makes every efT0I1 to interdict weapons that have been purchased
illegally and prevent their transportation to Mexico. 65
When asked in latcr meetings and letters how this statement could be true in light of all
the evidence to the contrary, DOl officially stood by it. The argument that it is true relies on the
fine distinction that it was not the straw purchasers themselves who physically crossed the
border with the weapons, but rather the unknown third parties to whom they transferred the
firearms. DOJ offered no specific defense of the second sentence.
Of course, this statement misses the point entirely. ATF pennitted known straw
purchasers to obtain these deadly weapons and traffic them to third parties. Then, at some point
after A TF broke off surveillance, the weapons were transported to Mexico. A TF was definitely
aware that these funs were ending up in Mexico, being transported through Arizona and Texas
Points of Entry,6
The second pat1 of this statement is also patently false. Numerous ATF agents have gone
on the record with stories that directly contradict it. During interviews with, these agents had the
chance to respond directly to DOl's position. Not surprisingly, they uniformly rejected it. Agent
All testified:
Q. And I will just read a portion of that into the record. The second
paragraph of the letter said, the second sentence of lhe second paragraph
says, "ATF makes every effort to interdict weapons that have been
purchased illegally and prevent their transportation to Mexico," period. Is
that sentence, based on your knowledge of what was going on here in
Phoenix, true or not true?
Q. [The] second sentence of the second paragraph of the letter says: "ATF
makes every effort to interdict weapons that have been purchased illegally
to prevent their transportation to Mexico," period. Have you heard that
before, that that representation was made to Congress?
A. I was unaware of that. And I will tell you based on what I know has
occurred that that isja!se. 68
" Letter from Assistant Attorney General Ronald Weich to Senator Charles E. Grassley (Feb. 4, 2011) (emphasis
added).
66 The Fast and The Furious, Organized Crime Drug Enforcement Task Force Interim Report (Sept. 9, 20 10).
67 Agent Alt Transcript, al 148.
68 Agent Forcelli Transcript, at 143-144.
Page 150
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H4242 CONGRESSIONAL RECORD HOUSE June 28, 2012
the DOl's statement was true, given what he had personally witnessed in Phoenix, Agent Casa
replied, "I think you already know the answer to that. OJ course not. " 70
B. More Denials
Even after the U.S. Congress presented it with evidence that the statements in the
February 4, 2011 letter were false, the Department of Justice still stood by its initial position. In
a May 2, 2011 response to a letter from Senator Grassley, the Department maintained its original
position:
It remains our understanding that ATF's Operation Fast and Furious did
not knowingly permit straw buyers to take guns into Mexico. You have
provided to us documents, including internal A TF emails, which you
believe support your allegation. . .. [W]e have referred these documents
and all correspondence and materials received from you related to
Operation Fast and Furious to the Acting Inspector General, so that she
may conduct a thorough review and resolve your allegations.? (
The Justice Department also notes that the Attorney General has "made clear ... that the
Department should never knowingly permit firearms to cross the border." Although the
Department issued this directive in early-March, well after the congressional investigation of
Operation Fast and Furious had begun, it is a welcome affimlation of what the ATF
whistleblowers had been trying to tell their bosses for over a year before Agent Brian Terry was
killed.
XII. Conclusion
We will persist in seeking documents and testimony from Justice Department officials
and other sources to thoroughly examine all the key questions. The Department should avail
itself of the opportunity to come clean and provide complete answers. It should also reverse its
position and choose 10 fully cooperate with the investigation.
Page 15]
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4243
Prepared for
112th Congress
July 26, 2011
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H4244 CONGRESSIONAL RECORD HOUSE June 28, 2012
Table of Contents
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4245
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H4246 CONGRESSIONAL RECORD HOUSE June 28, 2012
I. Executive Summary
The previous joint staff report entitled The Department of Justice's Operation Fast and
Furious: Accounts ofATF Agents chronicled Operation Fast and Fmious, a reckless program
conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the
courageous ATF agents who came forward to expose it. Operation Fast and Furious made
unprecedented use of a dangerous investigative technique known as "gunwalking:' Rather than
intervene and seize the illegally purchased flIcarms, ATF's Phoenix Field Division allowed
known straw purchasers to walk away with the guns, over and over again. As a result, the
weapons were transferred to criminals and Mexican Drug Cartels.
This report explores the effect of Operation Fast and Furious on Mcxico. Its lethal drug
cartels obtained AK-4? variants, Barrett .50 caliber sniper riflcs, .38 caliber revolvers, and FN
Five-seveNs from Arizona gun dealers who were cooperating with the ATF by continuing to sell
to straw purchasers identified in Operation Fast and Furious.
In latc 2009, ATF officials stationed in Mexico began to notic~ a large volume or guns
appearing there that were traced to the ATF's Phoenix Field Division. These wcapons were
increasingly recovered in great numbers from violent crime scenes. A TF intclligenee analysts
alerted Darren Gil, Attache to Mexico, and Carlos Canino, Deputy Attache, about the abnormal
number of weapons. Gil and Canino communicated their worries to leadership in Phoenix and
Washington, D.C . only to be brushed aside. Furthermore, A TF personnel in Arizona denied
ATF personnel in Mexico access to crucial information about the case, even though the operation
directly involved their job duties and affected their host country.
Rather than share information, senior leadership within both A TF and the Department of
Justice (DOl) assured their representatives in Mexico that everything was "under controL" The
growing number of weapons recovered in Mexico, however, indicated otherwisc. Two
recoveries oflarge numbers of weapons in November and De(;emhcr 2009 definitively
demonstrated that Operation Fast and Furious weapons were heading to Mexico. In fact, to date,
there have been 48 different recoveries of weapons in Nlcxico linked to Operation Fast and
Furious.
ATF officials in Mexico continued io raise the alarm over the burgeoning number of
weapons. By October 2010, the amount of seized and recovered weapons had "maxed out"
4
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4247
space in the Phoenix Field Division evidence vault. I Nevertheless, ATF and DOJ failed to share
crucial details of Operation Fast and Furious with either their own employees stationed in
Mexico or representatives of the Government of Mexico. ATF senior leadership allegedly feared
that any such disclosure would compromise their investigation. Instead, A TF and DOJ
leadership's reluctance to share information may have only prolonged the flow of weapons from
this straw purchasing ring into Mexico.
ATF leadership finally informed the Mexican offiee that the investigation would be shut
down as early as July 2010. Operation Fast and Furious, however, continued through the rest of
2010. It ended only after U.S. Border Patrol Agent Brian Terry was murdered in December 2010
with weapons linked to this investigation. Only thcn did thc A TF officials in Mexico discover the
true nature of Operation Fast and Furious. Unfortunately, Mexico and the United States will
have to live with the consequences of this program for years to come.
I See E-mail from [ATF Evidence Vault EmpJoyeel to Hope MaeAllisterOetober 12. 2010 (HOGR ATF - 002131-
32).
5
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H4248 CONGRESSIONAL RECORD HOUSE June 28, 2012
II. Findings
In the fall of 2009, ATF officials in Mexico began noticing a spike in guns recovered at
Mexican crime scenes. Many of those guns traced directly to an ongoing investigation
out of ATF's Phoenix Field Division.
As Operation Fast and Furious progressed, there were numerous recoveries of large
weapons caches in Mexico. These heavy-duty weapons included AK-47s, AR-15s, and
even Barrett .50 caliber rifles - the preferred weapons of drug cartels.
At a March 5, 2010 briefing, ATF intelligence analysts told A IF amI DOJ leadership that
the number of firearms bought by known straw purchasers had exceeded the J ,000 mark.
The briefing also made clear these weapons were ending up in Mexico.
A TF and DOJ leadership kept their own personnel in Mexico and Mexican government
officials totally in the dark about all aspects of Fast and Furious. Meanwhile, A TF
officials in Mexico grew increasingly worried about the number of weapons recovered in
Mexico that traced back to an ongoing investigation out of ATF's Phoenix Field
Division.
ATF officials in Mexico raised their concerns about the number of weapons recovered up
the chain of command to ATF leadership in \Vashington, D.C. Instead of acting
decisively to end Fast and Furious, the senior leadership at both A TF and DO] praised the
investigation and the positive results it had produced. Fmstrations reached a hoiling
point, leading former ATF Attache Darren Gil to engage in screaming matches with his
supervisor, International Affairs Chief Daniel Kumor, about the need to shut down the
Phoenix-based investigation.
Despite assurances that the program would be shut down as early as March 2010, it took
the murder of a U.S. Border Patrol Agent in December 20 I 0 to actually bring the
program to a dose.
ATF officials in Mexico finally realized the tmth: ATF allowed guns to walk. By
withholding this critical information from its own personnel in Mexico, ATF jeopardized
relations between the U.S. and Mexico.
6
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4249
FINDING: In the fall of2009, ATF officials in Mexico began noticing a spike in guns
recovered at Mexican crime scenes. Many of those guns traced directly to an
ongoing investigation out of A TF's Phoenix Field Division.
Starting in late 2009, ATF officials in Mexico noticed a growing number of weapons
appearing in Mexico that were traced to the ATF's Phoenix Field Division. Completely unaware
of Operation Fast and Furious at the time, Carlos Canino, then Deputy Attache to Mexico, was
surprised when he learned of the number of weapons seized in Mexico that were connected to
this one case in Phoenix. Canino explained:
I thought two things: I thought, okay, all these guns, the reason all these
guns are here is because we are finally on to these guys, and we went back
and did our due diligence and found out that these guys had already beaten
us for 900 guns. That was one of the things I thought. 2
Canino informed his boss, then ATF Attache to Mexico, Darren Gil, about an unusual amount of
weapons being seized in Mexico. Gil stated:
I remember the event that my chief analyst and my deputy came in and
said, hey, we're getting this abnormal number of weapons that are being
seized in Mexico and they're all coming back to the Phoenix field
division. So that was my first awareness of this regarding anything to do
with this case. 3
ATF oHicials in Mexico never received any notice or warning from ATF in Phoenix or
Washington, D.C. about the possibility of a spike in guns showing up in their host country.
Instead, they began to suspect something was amiss as an inordinate number of weapons
recovered in Mexico traced back to the Phoenix Field DivisioIl.
The weapons were being seized from violent crime scenes involving Mexican drug
cartels. One of the early seizures occurred after a shoot-out between warring cartels. Canino
described learning about thi~ incident:
2 Canina Transcript, at II. Carlos. C"mno became the Acllllg A !tache in October 2010. Pnor to this time, he served
as the Deputy Attache.
3 Transcribed Interview of Darren Gil, Transcript, at 13 (May 12,2011) (on file with author) [hereinafter Gil
TranScript].
7
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H4250 CONGRESSIONAL RECORD HOUSE June 28, 2012
Q. When was the next time that you got some information about
Operation Fast and Furious after October, 2009?
When we got the traces back, I believe two or three guns had come
back to the case number that is now known as Operation Fast and
Furious.
According to Canino, he did not receive any information about the operation's future
plans or an explanation for the growing number of weapons being recovered at Mexican crime
scenes linked to Operation Fast and Furious. 5 However, these seizures were only the beginning.
Over the next several months, an alarming number oCweapons would be seized in Mexico and
traced to Phoenix,
The following chart represents a list of recoveries in Mexico where weapons found were
traced back to Operation Fast and Furious. Despite its length, this list is not complete. Rather,
this list is compiled solely from information the Justice Department has provided to date. Many
more recoveries may have occurred and will continue to occur in the future, hut it is impossible
to determine precisely how many weapons recoveries in Mexico trace back to Operation Fast and
8
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4251
Furious. So far, the Justice Department ha..<; provided documents that refcrence at least 48
separate recoveries involving 122 weapons connected to Operation Fast and Furious.
11120/2009
,; E-mail from Tonya English to David Voth March 09,2010 (HOGR ATF - 001803-12).
7 E-mail from William Newell to Lorren Leadmon November 25, 2009 (HOGR ATF - 002141); see also e-mail
from [ATF NTC] 10 Hope MacAllister December 9, 2009 (HOGR ATF - 002205-06); see also e-mail from Mark
Chait to William Newell. Daniel Kumor November 25. 2009 (HOGR ATF _. 001993).
8 See generally "Operation The Fast and The Furiou$" PreslCntatiun, March 5, 20 10.
9 E-mail from [A TF NrC] to Tonya English, [ATF Group 7 SA], Hope MacAllister, David Voth January 8,20 I 0
(HOGR ATF - 002210-11); see a/.w e-mail from [ATF Tijuana Field Office Agent] to David Voth Febnlary 24,
2010 (HOGR ATF - 002301); "Operation The Fast and The Furious" Presentation, March 5, 2010.
10 E-mail from [ATf Intelligence Specialist) to [ATF Group 7 SA], Hope MacAl!iE,ter, Tonya English, David Voth
January 13,2010 (HOGR ATF - 002166-70),
II E-mail from [ATF NTC] to Hope MacAllisle.r Dt'cember 29,2009 (HOGR ATF - 002208-09),
12 E-mail from Lorren Leadmon to [ATF Intelligence Specialist], [ATF Group 7 SA], Hope MacAllister, Tony
English, DaVid Votll, [ATF Analyst Chief - Mexico} January 18,2010 (HOGR ATF - 002112); see also e-mail
from Tonya English to Hope MacAllister January 14, 20 I 0 (HOGR A TF - 002214-15); see also e-mail from [A TF
Tijuana Field Office Agent} to David Voth February 24,2010 (HOGR ATF - 00230 I).
13 E-mail from [ATF Intelligence Analyst] to David Voth March 9, 2010 (HOGR ATF - 002307-0S).
9
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H4252 CONGRESSIONAL RECORD HOUSE June 28, 2012
2i8/20lO La Paz,
10 15 rifles, 5 handguns, 11,624 rounds 4
of ammunition. At least 4 weapons
2/2112010 Sinaloa.. Mexico traced to SP 1 15
1l "El Teo" link, attempted State Police
Chief assassination, lf1ns traced to
2.125/2010
12 5 weapons traced back to Operation 5
Fast and Furious purchased by [SP
7
3/14/2010
13 6 rifles, 1,377 rounds of ammo, 1
traced back to Operation Fast and
611512010 leo, Guerrero Furious 's
14 6 AK-47 type firearmil, 5 traced back 5
6/24/2010 a to SP 19
15 DIO battle, 15 firearms seized, 12
rifles, 3 pistols, I traced to Operation
71 lI20 10 Sonora Fast Furious2o
16 25 AK-47 rifles, 78 magazines, over
8,000 rounds of ammo, 1 AK-47
I
7/4/2010 Sonora traced to P 1
17
7/8/2010 Culiacan, Sinaloa
14 See generally "Operation the Fast and the Funous" PresentatIOn, March 5, 20 I O.
15 E-mail from Tonya English to [TCE Agent] March 19,2010 (HOGR ATF - 001813-15); see also e-mail from
David Voth to Tonya English, Hope MacAllister, [ATF Group 7 SA] March 22, 2010 (HOGR ATF - 002114-15);
,<1'1' also c-Hlail [rum LorrclI Leadmoll to David VOlh, [ATF Analyst Chief - Me:>:.icoJ March 11,2010 (HOGR ATF
- 002133-40); see ulso e-mail from Lorrell Leadmofl to David Voth, [A TF Analyst Chief - MexicoJMarch 11, 2010
(HOGR ATF --002315-16).
:6 E-mail from David Voth to Emory Hurley February 26, 2010 (HOGR ATF - 002271-72).
17 E-mail from fATF SA} to Hope MacAllister, Tonya English, [ATF EI Paso SA] Apn129, 2010 (HOGR ATF-
001713-16).
I~ E-mail from IA TF Mexico City SA] to Tonya English January 26, 20 II (HOGR ATF - 001863-65).
I~ E-mail from fA 1T SA-E PIC] (0 Tonya English July I, 20 I 0 (HOGR ATl' - 00 1821); see also e-mai! from [A TF
NTC] to Tonya English July 1,2010 (BOGR ATr - 001824).
20 E-mail from David Voth to Carlos Canino July 14,2010 (HOGR ATF - 002378-2379).
"' E-mail from [ATF SA-EPlC] to Tonya English August 3, 2010 (HOGR ATF -- 001726-27); see also e-mail from
[ATF NTC] to Hope MacAllister, Tonya English July 15,2010 (HOGR ATF - 001729-1730); see also e-mail from
David Voth to Tonya English July 30, 2010 (HOGR ATF - 001742-43); see also e-mail from Tonya English to
[ATF SA-EPIC], [ATF Analyst} July 29, 2010 (HOGR ATF - 001796-97)
10
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4253
22 E-mail from [ATF SA-EPIC} to Hope MacAllister, Tonya English July 19,2010 (HOOR ATF - 001717-18); see
also e-mail from [ATF NTC] to Hope MacAllister, Tanya Engllsb July 15,2010 (HOGR ATr - 001723).
23 c-mail from [AIT SA-EPle} to Hope MacAllister, Tonya English, [ATF Group 7 SAl August 3,20 I 0 (lIOOR
ATF-001731-32) .
4 E-mail irom [ATF NTC] to Hope MacAllister, Tonya English, [ATF Group 7 SA] July 2::;, 2010 (HOUR ATF-
001735-36); see also e-mail from [ATF FIrearms Specialist] to Tonya English, [ATF Group 7 SA], Hope
MacAlhster June 10,20 I 0 (HOGR ATF - 002 t 17-20).
" E-mail from [ATF NTCJ to Hope MacAllister, Tonya English. [ATF Group 7 SA] January 21, 2011 (HOaR ATF
- 001856-57).
26 b-mail from fATF NTq to Tonya English, Hope MacAllIster August 13,2010 (HOaR ATF - 00:WI3-14).
27 F.-mail from [ATF SA-EPIC] to Hope MacAlllster, Tonya English Octobcr 18,2010 (HOaR ATF - 002178).
n E-mail from [ATF NTCJ to Hope MacAllister, Tonya English October 18,2010 (HOGR ATF -002181-82).
29 F.-mail from [ATF Investigative Specialist] to [A TF NTCj, Hope MacAllister, Tonya English August 23, 2010
(HOGR ATF - 002174-75).
,Q E-mail from [A TF SA-EPIC] to [ATF Oroup 7 SA], Hope MacAllister, Tonya English September 15, 2010
(BOOR AT!' - 002123-24).
11
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H4254 CONGRESSIONAL RECORD HOUSE June 28, 2012
9/912010 Sonora
28 6 firearms recovered, 6 fireanns 6
traced to Operation Fast and Furious
9/10/2010 a on 8/6/10 and 8/11/10 31
29 Romann/Cugir 762 traced to
9/1412010 Sonora Fast and Furious 34
30 Colonia Granjas, Romann/Cugir 762 traced to
9/18/2010 Chihuahua Fast and Furious 35
31 18 AK-47 rifles and 1 Barrett 50
caliber, 1 fireann traced to Operation
9/22/2010 Sonora Fast and Furious~(,
32 Guns traced to
37
9.124/2010 Saric Sonora
33 Traced guns to Operation Fast and
9/26/2010 Furious 3/18110.18
34 Romann/Cugir 762 traced to
Operation Fast and Furious, bought
9128/2010 Chihuahua 117110 39
35 Firearm traced to 11117/09
<Ii)
lOill/2010 Sonora
36 Operation
10/12/2010 Fast and F 211711041
3 E-mail from [ATF SA-EPIC] to [ATF Group 7 SA], Hope MacAllister, Tonya English September IS, 2010
(BOGR ATf - 002121-22).
31 E-mail [rom [ATf SA-EPIC] to [ATF Group 7 SA], Hope MacAllister, Tonya English September 20, 2010
(HOOR ATF - 002186-87).
3J E-mail from [ATF NTC] to Hope MacAllister, Tonya English September 17,2010 (HOGR ATF - 001744-45);
see also e-mail from[ATF NTC] to Hope MacAllis!cr, Tonya Enghsh September 14,2010 (HOGR ATF - 001748-
49); see also e-mail from [ATf NTC] to Tonya EnglIsh, Hope MaeAIl!ster September 20,2010 (HOGR ATF-
001754-55).
~4 E-mail from [ATFNTC]toHopeMacAlilster,To.l1ya English September 16. 2010 (HOGR ATF- 001746); see
also e-mail from [All" SA-EPIC] to Hope MacAllister, Tonya English, [ATF Group 7 SA] September 20,2010
(BOGR ATf - 001752-53).
Jj E-mail from Hope MacAllister to [AUSA AZ District] November 29, 2010 (HOGR ATF - 001798-99).
36 E-mail from [ATF Investigative SpecialIst] to Hope MacAllister, [ATF NTC], [ATF NTC] October 28,2010
(HOGR ATFc. 001756-59).
;1 l'-mall from [ATF NTC] \(1 Hr.lpe MacAllisln, TOIlya English O~lOh"'r 7, 2010 (HOGR ATF - 002126-27).
~~ E-mail [rom [A TF NTC] 10 Hope MacAllister, Tonya English October 26, 2010 (HOGR A TF - 00183132).
09 E-mail from [A TF NTC] to Hope MacAllister, Tonya English October 15, 2010 (HOGR ATF - 002129-2130).
41l E-mail from [A TF NTC] to Hope MacAllister, Tonya English, [ATF Group 7 SA] November 19,2010 (HOGR
A TF - 002003-04).
"c E-mail from [ATF NTCJ to Hope MacAllister, Tonya English, rATf Group 7 SAl November 19,2010 (BOGR
ATF - 002001-02).
12
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4255
10/12/2010
38 Romann/Cugir 762 traced to
10/19/2010 . Fast and Furious 43
39 Romann/Cugir 762 traced to
10/2812010 Fast and Furious 44
40 16 guns, 2 traccd to Operation Fast
and Furious, Used in the murder of
Mario Gonzalcz45
....J:.!!c..SU.J~~!~~~gh_Ll _________
42 5 guns traced to Operation Fast and 5
Furious, bought 12/11/09,12/14/09,
47
12/1412010 Puerto Sonora 6/8110 and 6115/10
43 Traccd to Operation Fast and
4g
12il7/2010 Zumu t 11!27/09
44 12 total firearms, 1 firearm traced to
Operation Fast and Furious, bought
12/28/2010 Sonora 4/1211049
45 6 ritles and magazines seized, 1
firearm traced to Operation Fast and
1/9/2011 Chihuahua Furious 5o
46 Romann/Cugir 762 traced to
Operation Fast and Furious, bought
lI2S/201l Sinaloa 3/8/1051
"" E-mail from [ATF NTCJ to Hope MacAllister, [ATf Group 7 SA], Tonya Engli~h December 15,2010 (HOGR
ATF - 002190-91).
4! E-mail from Hope MacAllister to [AUSA AZ District] November 29,2010 (HOGR ATF - 001798).
44 E-mail from Hope MacAllister to [AUSA AZ Districi] November 29,2010 (HOGR ATF - 001799).
40 [.mail from Tonya Enghsh to David Voth November 15, 2010 (HOOR ATF - 001792) .
.,., E-mail from [ATF NTC] to Hope MacAllister, Tonya English Nuv~mbcf 24, 2010 (HOaR ATF - 001 K13-3R);
yee a/so ~-mail thlHl [ATF SA-EPIC] to Hope MacAlli,ter, Tnnya English December 8,2010 (HOGR ATF-
002188-89).
47 E-mail from [ATF NTC] to Hope MacAllister, Tonya English December 28, 2010 (BOOR ATF - 001842-51).
48 E-mail from [ATF SA-EPICl to Hope MacAllister, Tonya Etlglisn, [ATF Group 7 SA] December 22, 20lO
(HOGR ATF . 001852-55),
49 E-mail from [ATF SA-EPIC] to Hope MacAllister, Tonya English March 21, 2011 (HOGR ATF - 001874-77);
see also e-mail from [ATF NTC] to Hope MacAllister, TonYil English March 17,2011 (HOaR ATF - 001 RR5-Rfi).
50 E-mail from [ATF SA-EPIC] to Bope MacAllister, Tonya EngJtsh, [ATF Group 7 SA] February 2, 2011 (HOOR
ATF - 002192-93); see also e-mail from [ATF NTC] to Hope MacAllister, Tonya English, [ATF Group 7 SA]
January 18, 2011 (HOGR A TF - 002196-97).
5! E-mall from [ATF NTC] to Hope MacAllister, Tonya English, [ATF Group 7 SA] March 21, 2011 (HOGR A TF -
001883-84).
13
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H4256 CONGRESSIONAL RECORD HOUSE June 28, 2012
2/4/2011 Chihuahua
48 37 rifles, 3 grenade launchers,
16,000 rounds of ammo, I Firearm
traced to Operation Fast and Furious,
2/19/2011 Sonora ased on 3/8/10 53
122
TOTAL
These documented recoveries indicate that a significant number of Operation Fast and
Furious guns ended up in Mexico. However, there are indications that the numbers could be
larger. For example, within 24 hours of the murder of Border Patrol Agent Brian Terry, Special
Agent in Charge (SAC) Bill Newell asked for the total number of Operation Fast and Furious
firearms recovered to date in Mexico and the U. S. 55 Five days later, on December 21, 2010,
Newell Jorwarded the totals to his boss, Deputy Assistant ~irector William McMahon, indicating
that he had the numbers compiled because, "I don't like the perception that we allowed guns to
'walk.",56 According to the tally Newell received on December 16, 2010, approximately 241
S7
firearms had been recovered in Mexico and 350 in the U.S. The number reported to Newell as
recovered in Mexico as of the day after Agent Terry's death is twice what can be verified
through documents produced by the Department of Justke as outlined in the table above.
Furthermore, this number is much higher than the 96 firearms reported by the Department of
Justice as recovered in Mexico in answers to questions for the record received on July 22,
58
2011.
52 E-mail from [ATF NTC] to Hope MacAllister, Tonya English, [ATF Group 7 SA] February 17,2011 (HOGR
ATF - 001859-62); see also e-mail from [ATF SA.EPIC] to Hope MacAllister, Tonya English, [ATF Group 7 SA]
March 21,2011 (HOGR A TF - OO! 880-82); see also e-mail from [A TF NTC] to Hope MacAllister, Tonya English,
tATF Group 7 SA] February 17,2011 (HOGR ATF --002020-21).
5] E-mail from [ATF SA-EPIC] to Hope MacAllister, Tonya English, [All' Group 7 SA] March 7, 2011 (HOGR
ATF - 002198-99); see E-mail from [ATF NTC] to Hope MacAllister, Tonya English, [ATF Group 7 SA] March 1,
2011 (HOGR ATF - 002202-03).
:;4 This total of 122 guns is based 011 documents produced to the Committees by DO] and total represents the
minimum number of guns recovered in Mexico a5 identified by the Committees.
55 E-mail from David Voth to William Newell December 16,2010, 7:22pm (llOGR ATF 001935),
56 d.
1
57 1d.
58 Letter from Ronald Weich, Asst. Att'y Gen., U.S. Dep't of Justiee, to Senator Patrick Leahy, Chairman, Senate
Jud. Comm., July 22, 20 II, 14 ("Based on information known to ATF and analyzed as of May 26, 2011, we
understand (hal. ninety-six (96) lirt>anns were ft><.:overed in Mt:xicu liJ)er the ,uspects wae identified in the
investigation.").
14
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4257
tlJ.Jl th:al'\&s.
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us.
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Ph~nlw Group VII
More troubling, several of these recoveries highlight the deadJy consequences of Operation Fast
and Furious. 59
5' See Section VII {nfl'a, page4R for an in-depth look at the tragic consequences of Operation Fast and Furious.
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H4258 CONGRESSIONAL RECORD HOUSE June 28, 2012
A TF oftlcials in Mexico learned about many of these recoveries through open sourcing,
such as articles in local newspapers or internet searches. After learning of these recoveries,
however, it was incumbent 011 ATF employees ill Mexico to attempt to view the weapons
recovered as soon as possible in order to see if any link existed between the weapon and the
United States. Mexican authorities transported the seized weapons to local police stations for
processing. Once processed. the authorities turned the weapons over to the Mexican military,
which stored them in vaults indefinitely. Once the Mexican military acquired these weapons,
they were considered to be for the exclusive usc of thc military, and viewing them required a
court order. It was therefore imperative for ATF agents in Mexico attempt to view the weapons
as soon as possible after a recovery.
Whcn ATF agents in Mexico were able to view these recovered weapons, they could also
enter the serial numbers of the weapons into an online internal tracing system known as e-Trace.
A TF has a procedure for tracing weapons. This initiates a manual tracing process which
involves notifying the National Tracing Center (NTC), located in Martinsburg, WV, of the
reeovery. NTC then identifies the purchaser as well as the date of purchase. The process can
take several days. ATF also maintains a Suspect Gun Database (SGD). This database is a list of
all the guns purchased that ATF believes might turn up at crime scenes. Since no specific
criteria exist for cntering a gun into the SGD, it is usually up to the case agent's discretion.
During Operation Fast and Furious, Group VII case agents entered over 1,900 guns into the
SOD, usually within days of the purchase. Since these weapons were already in the SGD, the
case agent would receive notice the trace request was submitted and the full manual trace process
\vas unnecessary.
Starting in late 2009, ATF olTicials in Mexico began to notice that many oflhe weapon
recoveries in Mexico traced back to the same Phoenix investigation. A TF personnel in Mexico
called the Phoenix Field Division to notify them of what was occurring. The response from
Phoenix was that everything was under control and not to worry about the investigation.
Because the guns were in the SGD, the case agcnt in Phoenix received notice of trace requests.
The case agent could limit the information that other A TF officials would receive to merely a
notice that the trace results were "delayed," which effectively kept A TF pcrsonnel in Mexico out
of the loop.
For example, in June 2010, Hope MacAllister, the Operation Fast and Furious case agent
asked an NTC employee to postpone the completion of several traces for guns recovered in
Mexico. With the subject line "RE: Suspect Oun Notification - DO NOT Trace ?," the
employee writes, "Good morning, as case agent you advised 'do not trace', [t]race will be held
pending upon your instruetions.,,6o In her response, MacAllister asks, "Can we postpone
completing that trace as well? Thanks!,,61 These holds prevented ATF personnel in Mexico
from discovering the origin of the recovered guns.
ffl E~lllail from [NTC employee] to Tonya English and Hope MacAliister, Jlme 10,2010 (HOGRATF - 002114).
61 E-mail from Hope MacAllister 10 [NTC employet'], June J 1, 2010 (J IOOR ATF - 002117).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4259
To make matters worse, ATF officials in Mexico did not even know that their fellow
agents were shutting them out of the investigation. With reassurances from A TF Phoenix and
ATF Headquarters in Washington D.C. that things were under control, ATF officials in Mexico
remained unaware that ATF was implementing a strategy of aU owing straw purchasers to
continue to transfer fireanns to traffickers. Even though large recoveries were taking place in
Mexico, with the awareness of senior A TF officials in both Phoenix and Washington D.C, ATF
officials in Mexico did not have the full picture. What they were able to piece together based on
several large weapons seizures made them extremely nervous.
The first large recovery of weapons in Mexico linked to Operation Fast and Furious
occurred on ~ovember 20,2009, in Naco, Sonora -located on the U.SJMexico border. An of
the 42 weapons recovered in Naco traced back to Operation Fast and Furious straw purchasers.
Forty-one of these weapons were AK-47 rifles and one was a Beowulf ,50 caliber rifle. Twenty
of the weapons in this re.:overy were reported on multiple sales summaries by ATF, and these
weapons had a "time-to-crimc" of just one day.62 Within a span 01'24 hours, a straw purchaser
bought guns at a gun store in Arizona and facilitated their transport [0 Naco, Mexico with the
intent of delivering the guns to the Sinaloa cartel.
Mexican authorities arrested the person transporting these weapons, a 2 I-year old female.
Mexican authorities interviewed her along with her brother, who was also in the vehicle.
According to an official in ATF's Office of Strategic Information and Intelligence (OSH), the
female suspect told law enforcement that she intended to transport the weapons straight to the
63
Sinaloa cartcl. From the very first recovery of weapons ATF officials knew that drug
trafficking organizations (DTOs) were using these straw purchasers.
Nearly three weeks after the Naco recovery, an even bigger weapons seizure occurred in
Mexicali, the capital ofthe state of Baja California, located near the border. The seizure
included the following weapons:
41 AK-47 rifles
1 AR-15 rifle
1 FN 5.7
62 E-mail from Mark Chait to William Newel! and Daniel KUmor, November 25,2009 (HOGR ATf - 001993),
6' interview with Lorren Leadmon, Intelligence Operations Specialist, in Wash., D.C., July 5,201!.
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H4260 CONGRESSIONAL RECORD HOUSE June 28, 2012
Of the twelve suspects detained, all were from the state ofSinaloa. 64 Several were identified
members of the Sinaloa carteL 65 The guns recovered at the scene traced back to straw purchasers
being monitored under ATFs Operation Fast and Furious. 66 With a second large recovery tracing
to the same case in Phoenix in less than three weeks, there was little doubt to A TF officials
monitoring Operation Fast and Furious what was happening. As one ATF Special Agent wrote
to Fast and Furious Case Agent Hope MacAllister, "[the head of the Sinaloa cartel] is arming
for a war.,,67
On January 13, 2010, the A TF Dallas Field Division seized 40 rifles traced to Operation
F~st and F~r~ous. suspect [SP 2].68 This. seizur~ connected 9J'erati~~ Fast and ~uri?us suspects
WIth a specIfIC high-level "plaza boss" m the Smaloa DTO. AddltlOnally, thiS seizure may
have represented a shift in the movement of Operation Fast and Furious weapons in order to
provide the necessary firearms for the Sinaloa Cartel's battle for control of the Juarez dmg
smuggling corridor. 70
This possible shift of Operation Fast and Furious weapons may have been a result of the
death of Arturo Beltnln-Leyva in December 2009. Mexican authorities killed Beltran-Leyva, the
leader of the Beltran-Leyva DTO, effectively crippling his family's DTO.71 The resulting
decreased competition in Sonora benveen the Sinaloa DTO and the Beltran-Leyva DTO may
have contributed to the shift in Operation Fast and Furious weapons transported to Juarez. The
map below, created by the Drug Enforcement Administration (DEA), reflects the areas ofDTO
influence in Mexico: 72
f>.I See "Operation The Fast and The Furious" Presentation, March 5, 2010.
6~ lei.
6<i E-mail from [ATF Officlal} tu David Volh, Fehruary 24,2010 (HOGR ATF - 002301).
67 E-mail from Jose Wall to Hope MacAllister, December 11,2009 (HOGR ATF - 002024).
&'l This reco\'ery is not listed in the chart in Section IV since it occurred in the U niled States.
69 See "Operation the Fast and the Furious" Presentation, March 5, 2010.
70 See Alicia A. Caldwell & Mark Stevenson, Sinaloa Drug Cartel WillS Turf War in Juarez, AP, April 9, 2010
available at http://www.azcentraJ.cominews/articlesi20 10/04/09120 100409cartel .wins-Iurf-war-juarez-mcx ico09-
ON.hlml (highlighting statements made by FBI officials that the Sinaloa DTO gained control over trafficking routes
through Ciudad Juarez).
11 Ruth Maclean, Mexico's Drug 'Boss ojBosses' Shol Dead in Raid 011 Luxury Hideout, December 18,2009,
available Gl http://www.timesonline.co.ukltol/news/worldlus_and_americas/artie le6960040.ecc (summanzing the
hloody feud betweell the Beltran-Leyva brothers and Joaquin Gl!Zman, the head of the Sinaloa DTO).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4261
These weapons recoveries did not occur in a vacuum. Upon leaming of the recoveries,
analysts in ATF's Onice of Stmtegic Information and Intelligence (OSII) in Washington, D.C.
attempted to piece together fragments of inionnatioll to report up the chain of command.
According to A TF personnel, every Tuesday moming OSH holds a briefing for the field
operations staff to share and discuss infonnation about ongoing A TF cases?} Typically, the four
Deputy Assistant Directors for Field Operations attend. Additionally, Mark Chait, the Assistant
Director for Field Operations, oftcn attends. Occasionally, Deputy Director William Hoover and
Acting Director Kenneth Melson attend these hriefings.
OSH first briefed on Operation Fast and Furious on Tuesday December 8, 2009,
including the ''':aco recovery. The following week, OSH briefed the :rvlexicali recovery.
Subsequent briefings covered other recoveries that had occum~d in tIlt: United States. The
magnitude ohlle Operation Fasl and Furious investigation quickly became apparent to senior
ATF officials.
IS Interview with Lorrcn 1..\:adlllUn, intdLigenn, Operations Analyst, in Wash., D.C'" July 5, 2lill.
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H4262 CONGRESSIONAL RECORD HOUSE June 28, 2012
Assistant Director Mark Chait, Deputy Assistant Director Bill McMahon, International
Affairs Chief Daniel Kumor, Southwest Border Czar Ray Rowley, and Assistant Director James
McDennond an attended the January 5,2010, field.ops briefing led by Intelligence Operations
Specialist LOffen Leadmon. 74 At this brie!ing, the participants expressed concerns about
Operation Fast and Furious. Though the briefing included the normal updates of weapons
seizures linked to Operation Fast and Furious provided every Tuesday, the January 5, 2010,
briefing also included a key addition.
OSH had compiled a summary of all of the weapons that could be linked to known straw
purchasers under Operation Fast and Furious to date and presented this information to the group.
75
The total number of guns purchased in just two months "vas 685.
Steve Martin, an ATF Deputy Assistant Director for OS II, took extensive notes during
the briefing. Examining the locations where the weapons ended up in Mexico, he outlined
76
potential investigative steps that could be taken to address the problem. Due to the sheer
volume of weapons that had already moved south to Mexico, he had a hunch that guns were
being walked:
Q. Vh huh.
A. And that was because we said ... it's the same distance to go from
Phoenix to these two places. So they don't aU have to go to here to
ann the Sinaloa Cartel; they can go over to Mexicali and bri.ng
them that way-same distance. So that's one thing I wTote as I was
being briefed.
74 Transcribed Interview of Steve Martin, Transcript at 40, July 6, 20 II (on file with author) [hereinafter Martin
Transcript}.
75 Jd at 43.
76 Notes from Steve Martin, ATF Deputy Assistant Director for OSII, January 5, 20 10 (HOGR ATF _. 00155253)
(produced in camera by the Department of Justice).
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4263
trackers on the guns, put pole cams up, mobile sun:eiHam:e, aerial
surveillance, a number of stuff. 77
Hoping to draw from his experience as a former Assistant Special Agent in Charge (ASAC) and
Special Agent in Charge (SAC), Martin wanted to offer suggestions on a plan for the case-
specifically, how to track weapons, conduct surveillance, and eventually bring Operation Fast
and Furious to a close. Those in field operations - the chain of command responsible for
overseeing and implementing Operation Fast and Furious - responded to his suggestions with
complete silence. ATF personnel within field operations felt free to ignore OSII's suggestions
and complaints because OSH's role was to support field operations:
A. January 5th, that meeting, that's correct. Ray has since retired. So
I said, well, here arc some things that ... we might think of doing.
And we had talked about this before, we'd brainstormed stuff, too,
with Lorren. Lorren even talked about it. Kevin talked about it.
Kevin O'Keefe had done a lot of trafficking investigations in south
Florida about identifYing some weak straw purchasers, let's see
who the weak links are, maybe the super young ones, the super old
ones. Pole cameras . . . put them up to see who is coming and
going, to help you with surveillance.
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H4264 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. Mr. Chait, Mr. McMahon, Mr. Kumar. My boss \lI,ias there, Jim
McDermond, who agreed with me because we talked probably
daily.
Q. Did any of those folks step up at that time and say, "Oh, no,
no, no. \Ve've got another great plan in place"?
A. No. No.
A. Yes. And I don't know if they had one. I mean, they could have.
I don't know.
Q. Do you remember if they were nodding their head, giving you any
nonverbal cues that . this sounds like a bright idea tbat
you're suggesting?
Whether Mr. Chait or Mr. McMahon had a plan for Operation Fast and Furious is unclear. What
is clear is that they did not take kindly to suggestions from OSH about the operation. They were
not inclined to discuss the operation at all, choosing instead to excuse themselves from the
conversation:
A. You know, I'm not going to go into their brain on that one.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4265
FINIlING: At a March 5,2010 brieting, ATF intelligence analysts told ATF and DOJ
leadership that the number of firearms bought by known straw purchasers
had exceeded the 1,000 mark. The briefing also made clear these weapons
were ending up in Mexico.
Two months after the January 5, 2010 briefing, ATF headquarters hosted a larger, more
detailed briefing on Operation Fast and Furious. Not part of the normal Tuesday field ops
briefings, this special briefing only covered Operation Fast and Furious. David Voth, the
Phoenix Group VII Supervisor who oversa\v' Operation Fast and Furious, traveled from Phoenix
to give the presentation. On videoconference were the four southwest border ATF SACs: Bill
Newell in Phoenix, Robert Champion in Dallas, J. Dewey Webb in Houston, and John Torres in
Los Angeles.
In addition to the usual attendees of the Tuesday morning field ops briefings (the Deputy
Assistant Directors for Field Operations, including Bill McMahon, and Mark Chait, Assistant
Director for Field Operations), Deputy Director William Hoover also attended. Joe Cooley, a
trial attorney from the gang unit at Main Justice, also joined. After a suggestion from Acting
ATF Director Ken Melson in December 2009, Assistant Attorney General Lanny Breuer
personally assigned Cooley as a DO] representative for Operation Fast and Furious. Kevin
Carwile, chief of the Capital Case Unit at Main Justice, may have also been present. According
to Steve Martin, the inclusion of Main JiL',tice representatives was unusual. 80
79 ld at 45-46.
Id. at 91 ("[Joe Cooley and KeVin Carwile1never sat in any of my briefings that I can recall.").
I(()
811d. at 97. See generalJy "Operation Fast and the Furious" Presentation, March 5, 2010.
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H4266 CONGRESSIONAL RECORD HOUSE June 28, 2012
Two of the first slides in the Man;h 5,20 I 0 presentation detailed the number of weapons
bought as of February 27, 2010 -1,026 - and the amount of money spent, in cash, to purchase
82
these weapons - nearly $650,000:
81 See "Operation the Fast and the F"lfloLls" Presentation, March 5, 2010.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4267
Notes
The next set of slides at the briefing detailed the fifteen recoveries of weapons that had
already taken place during Operation Fast and Furiolls. Following a map indicating the locations
in both the United States and Mexico of these recoveries were detailed slides for each recovery,
including the numbel' of gilllS recovered, the purchaser, the transpOlicr, and the intended recipient
in the Sinaloa cartel.
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H4268 CONGRESSIONAL RECORD HOUSE June 28, 2012
For t!xample, the slide pertaining to the Mexicali seizure indicated that the 12 detained
suspects were all from Sinaloa, Mexico, "Confirmed Sinaloa carteL"g3 The slide also catalogs
the full recovery: "41 AK-47s, 1 AR-15 rifle, 1 FN 5.7 pistol, 421 kilograms of cocaine, 60
kilograms of meth, 392 miscellaneous rounds of ammunition, $2 million U.S., and $1 million
Mexican pcSOS."S4 In addition, the slide graphically depicts the relationships between the straw
purchasers and the weapons seized. And finally, the slide on the EI Paw recovery links
Operation Fast and Furious to a Texas investigation and to the "plaza boss" in the Sinaloa cartel
that Fast and Furious ultimately targeted. 85
Given the rich detail in the presentation, it is clear that the guns bought during Operation
Fast and Furious were headed to the Sinaloa cartel. As Martin testified:
A. That's correct.
A. Based on this one, it says the people are connected with the
86
Sinaloa cartel, I would say that's correct.
The volume of guns purchased and the short time-to-crime for many of these guns clearly
signaled that the Sinaloa cartel received the guns shortly after their purchase in Arizona. If ATF
had attempted to interdict the weapons, it is likely that hundreds of these weapons would not
have ended up with this dangerous cartel or entered Mexico. 87 Martin agreed that was clear:
Q. But whether the guns were walking, whether they were flying,
whether they just disappeared, based on all the evidence that
you've collected to this point, it was pretty clear that the guns
were going almost linearly from the FFLs to the DTOs?
~3 Jd.
84 !d
85 ld.
86 Martm Transcnpt, at 100.
81 For a complete discussion of the shortcomings of ATF's investigation, see generally The Department ofJustice's
Operation Fast and Furious: Accounts 0/ATF Agents, loint SlaffReporl, 112th Congress, June 14,201 L
88 Martin Transcript, at 50.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4269
Several individuals, such as Ray Rowley and those in aSH, had already expressed their
concerns, only to have them fall on deaf ears. Others, however, remained silent, despite the
ominous consequences:
Q. Was there any concern ever expressed about the guns being.
essentially just bee lined right to the drug trafficking organizations
about what the DTOs might actually do with the guns?
A. Potentially. Sg
The only person that did speak up during the March 5,2010 presentation was Robert Champion,
SAC for the Dallas Field Division participating by videoconference, '''ho asked "What are we
doing about this?,,9o According to Lorren Leadmon, in response, Joe Cooley from Main Justice
simply said that the movement of so many guns to Mexico was "an acceptable practice.,,91
Shortly after the March 5, 20 I 0 presentation on Operation Fast and Furious, OSII stopped
giving briefings on the program to ATF management during the weekly Tuesday meetings. OSH
personnel felt that nobody in field operations heeded their warnings, and OSH no longer saw the
point of continuing to brief the program.
FINDING: ATF and DOJ leadership kept their own personnel in Mexico and Mexican
government officials totally in the dark about all aspects of Fast and
Furious. Meanwbile, ATF officials in Mexico grew increasingly worried
about the number of weapons recovered in Mexico tbat traced back to an
ongoing investigation out of A TF's Phoenix Field Division.
Not surprisingly, ATF officials in Mexico grew increasingly alarmed about the growing
number of weapons showing up in Mexico that traced back to the Phoenix Field Division. Yet,
when they raised those concerns, ATF senior leadership both in Phoenix and Washington, D.C.
reassured them that the Phoenix investigation was under control. No one informed them about
89Id. at 103104.
90 Interview with Lorrcn Lcadmon, Intelligence Operations Specialist, in Wash., D.C., July 5, 2011.
91 !d.
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H4270 CONGRESSIONAL RECORD HOUSE June 28, 2012
the details urOperation Fast and Furiolls. No one informed them that ATF was knowingly
allowing guns to be sold to straw buyers and then transferred into Mexico.
Q. Now, at some point you mentioned that in late 2009, early 2010,
your analysts made you aware of an increase in the number of
recoveries, firearm recoveries being traced back to Phoenix; is that
right?
A. Correct.
Q. And I think the word you used was abnormal. Can you explain for
us what exactly -- what was normal?
* '" '"
I asked my analyst, because I was fairly new. I said, why is this
abnormaL He says, look, Darren, we have all these trace results
and they come from a variety of FFLs, but then you have a high
correlation here with this one particular investigation coming out
of Phoenix where we're getting this way and above the number of
recoveries we get from all tbese other Federal Firearms Licensees.
So it stuck out to my analyst who presented that to me that it was
an abnormal, his terminology actually, abnormal number of
recoveries.92
The "abnormal number of recoveries" concerned Gil and bis agents in Mexico. Gil sought
answers:
Q. And wben your analyst made you aware of this uptick, what was
the next step that you took?
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4271
Attache Gil initially reached out directly to the Phoenix Field Division to express his
concerns about the growing number of weapons. Gil explained:
A. 1 did. I called the division, tried to make contact with the SAC. I
don't believe I spoke with the SAC, but I got a returned call and
spoke with the ASAC there, George [Gillett]. I identified my
concerns, hey, we're getting an abnormal number of traces. From
what I recall his response was, yes, we're aware of it. We have an
ongoing investigation. We have a ton of resources on it. We're
looking at it. We're working at it, and thanks for calling and
making us aware and then we'll follow it up from there. 94
Yet the seizures continued unabated, and the answers Gill'eceived failed to better explain the
underlying cause. Gil continued:
93 Id. at 63,
94 Id at 15-16,
g5 Id, at 17,
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H4272 CONGRESSIONAL RECORD HOUSE June 28, 2012
Despite these reassurances, the volume of weapons Ilowing from Phoenix into Mexico continued
to grow. Further, no one at ATF provided Gil or his staff any explanation as to why the volume
continued to grow. When Gil and his staff tried to access the trace data on their E- Trace system
to find out for themselves, they learned they did not have access. As Gil explained:
Members of Phoenix Field Division Group VII, including its case agent with support from the
Group supervisor, actively shut out their colleagues in Mexico. As a result, Attache Gil decided
to seek answers from senior leadership in Washington, D.C.: "Ultimately I made phone calls to
the chief of international affairs, Dan [Kumor], to try and get responses because I wasn't getting
responses from Phoenix like I thought I should.',97 In early 2010, Attache Gil shared his
concerns with Kumor about the increasing number of gun recoveries in Mexico linked to
Phoenix:
A. Yes.
Q. And do you remember when the first tittle you raised this issue
with Mr. [Kumor] was?
Q. And do you remember what his reaction was when you first raised
the issue with him?
96 Jd at 17-18.
97 I dal17.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4273
A. Yes.
Gil found it insufficient to hear the investigation was "under control." In the meantime, guns
from a known straw purchasing ring continued to flow into Mexico from Arizona, Although Gil
and his agents in Mexico remained in the dark about the tactics and strategy of Operation Fast
and Furious, they realized something was \vrong. Gil continued to express his concerns:
Q. And did you ever raise any issues with Mr. [Kumor] that while
they ... may think they have it under control, it may not be under
control because we are recovering an abnormal number of
firearms?
A. Again, spring time it got to the point of at what point are we going
to ... to close this investigation down? I mean, after 500 or so
seizures I think you should have had enough data collection on
what you're trying to show or prove, It was my position, it was
Chief [Kumor's1 position as welL He says, yeah, you're right. And
he goes, so when are they going to close this down. And we were
both on the same position there that this thing needed to be shut
down.
Understandably, Gil was frustrated. Hundreds of weapons appeared suddenly in Mexico traced
to Phoenix - without explanation. Gil and his agents struggled to get answers from their own
agency. Although ATF officials in Phoenix and Washington, D.C. acknowledged that an
9g Jd at 20.21,
99 !d. at 21.
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H4274 CONGRESSIONAL RECORD HOUSE June 28, 2012
investigation was underway, they refused to share the details of the strategy and operation with
the agents in Mexico. Gil took their silence as suggesting that his colleagues did not trust him to
keep the information confidential:
Q. Did you have any idea why you weren't being made aware of the
specific details of this investigation?
A. I can tell you what I was told and they were afraid that I was going
to either brief the ambassador on it or brief the Government of
Mexico officials on it.
A. I couldn't say that ... specifically they didn't want the ambassador
to know. I know I asked ... why can't I be briefed on this. Well,
they're afraid that you would brief the GOM officials, Government
of Mexico otIicials or ... brief the ambassador. They were just
worried about somebody leaking whatever was unique about
this investigation. loo
ATF otlkials in Mexico constantly worried about tbe number of guns flowing from
Phoenix to Mexico in cOImection with the Phoenix Field Division's investigation. Mexican
authorizes continued to seize guns at violent crime scenes involving Mexican DTOs, Without
being privy to the particular tactics utilized by Operation Fast and Furious, ATF's representatives
in Mexico suspected something was terribly amiss. Because initial contacts with Phoenix
providcd few answers, ATF officials in Mexico continued to report their COfl\:erns up the chain of
command to ATF leadership in Washington, D.C. Instead of acting on their complaints, senior
leadership at both A TF and thc Dcpartmcnt of Justice praised the investigation. I low'ever, ATF
agents in Mexico kept sounding the alarm. In July 2010, Gil and his agents received notification
that the Phoenix Field Division's investigation would be ending and shut down. IOI Tn reality,
A TF agents in Phoenix closed the investigative stage of Operation Fast and Furious in January
2011, only after the tragic death of Bordcr Patrol Agcnt Brian Tcrry in Decembcr 2010.
100 Jd.
at 72.
See Section VI.E infra page 44 (summarizing the exchange between Gil and Kumor regarding the timeline to
101
shutdown Operation Fast and Furious).
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FINDING: A TF officials in Mexico raised their concerns about the number of weapons
recovered up the chain of command to ATF leadership in Washington, D.C.
Instead of acting decisively to end Fast and Furious, the senior leadership at
both ATF and DOJ praised the investigation and the positive results it had
produced. Frustrations reached a boiling point, leading former ATF Attache
Darren Gil to engage in screaming matches with his supervisor, International
Affairs Chief Daniel Kumor, about the need to shut down the Phoenix-based
investigation.
Without knowing of possible gunwalking tactics used in Operation Fast and Furious, Gil
and other A TF officials in Mexico knew the investigation needed to be shut down based on the
empirical data. As Gil testified:
A. Yes, it did. I want to say by the time I left I think it was up to,
which was in October, I think it was up to - the last data I think I
was quoted was like 700 or so.
The fact that this brought pressure on us from the GOM because
they're saying, why are we using - we're spending - ATF is
spending extraordinary number of resources to train them on the
Spanish E-Trace. And in the same breath they're saying, look,
we're not getting anything back so why should we use this Spanish
E-Trace, it's a waste of our time. And we have to say, no, it gives
you this, this, and this. And they go, yeah, but we're not getting
anything back.
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H4276 CONGRESSIONAL RECORD HOUSE June 28, 2012
So it became a big event that we're not getting this trace data back
and it frustrated my folks, they in tum notified me. And we had
meetings on it and then I'd make my calls to headquarters, again,
primarily Chief [Kumor], and voiced our concerns. And it got to
the point I would have my staff, on conference calls that we have,
speak with Chief [Kumar] trying to -- what the heck is going on
here. 102
Gil and his staff struggled to deal with this growing crisis. Despite the increasing number of guns
from Phoenix showing up at violent crime scenes in Mexico, ATF agents in Phoenix continually
denied the ATF agents in Mexico the relevant information explaining this spike. Gil was so
passionate about his and his staffs concerns that he had yelling matches with his boss:
A. Primarily with Chief [KumorJ. And it wasn't just on this, all right,
keep that in mind .. " However, this was also part of it and at
somc point screaming, yelling ... hey, when are they going to shut
this, to put it bluntly, damn investigation down, we're getting hurt
down here.
***
Q. So it was clear to you that this ongoing case based out of Phoenix
was proceeding, they weren't shutting it down, you disagreed with
that because you saw too many weapons showing up in Mexico?
Deputy Attache Canino shared Gil's concerns about the number of guns entering Mexico and
that something needed to be done:
Q. What discussions did you have about the weapons from the
Phoenix case in Mexico with Mr. Gil, Mr. Darren Gil?
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A. We were very concerned ... with that amount of gUlls and short
period of time on a suspect gun data and they kept climbing.
***
I said, Oarren, this is a problem ... these many guns coming down
here is a problem. We made that known to Danny Kumor . . .
Danny was in agreement he pushed it up the chain and we were
told yeah it is a case out of Phoenix and it is going great. 105
Gil and Canino prevailed upon their direct supervisor, Daniel Kumar, ATF's Chief of
International Affairs, to take their concerns about the volume of weapons in Mexico up the chain
of command:
Q. When you say pushed it up the chain, what do you mean exactly?
A. That would have been deputy assistant director Bill McMahon. lOti
Gil also testified that Kumor spoke to his superior, Deputy Assistant Director McMahon, about
this matter:
Gil also discussed his concerns with McMahon during trips to Washington:
Q. Did you take any trips to Washington during this time period of-
A. Sure.
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H4278 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. Yes.
***
Q. You said, might have discussed it with Mr. [McMahon]. If you
did, it wasn't something that you remember in detail?
A. Y cah, would have been, hey . . .. is this thing still going on, and
when is it going to be shut down. And something to the effect
they're either working on it - again, their general response was
they're working on it, they're going to close it down as soon as
they can, and we'll let you know. 108
While Phoenix was "working on it," guns continued to flow unabated into Mexico. Gil, Canino,
and other ATF agents in Mexico raised legitimate concerns, hut leadership told them to stand
down, According to ATF leadership, not only was everything "'under control," but everyone in
ATF and DOJ were well aware of the investigation in Phoenix:
A. Yes. At one point, I mean, again, probably during one of the final
screaming matches was ... I think I threw the question out there,
hey, is DO] aware of this investigation? Are they aware of what's
going on, and are they approving this.
And thcn the chiefs response was, yes, not only is ... the director
aware of it, Billy, William Hoover is aware of it, DOJ is aware of
it. And then ... through that fact - they have a Title 3, so DO]
must be aware of it certainly for that aspect. And certainly the us
Attorncy's office in Phoenix is aware of it becausc thcy had to
approve the investigation.
But - so it wasn't just is the direct link aware of it ... if the acting
director is aware you assume everybody is aware of it. And then,
okay, they don't want me to know something for some reason
that's fine, they have their reasons and. , . you got to defer to your
executive statf. 109
Senior leadership in Phoenix and Washington, D.C. continued to provide reassurances without
answers during their visits to Mexico. Canino recalled several visits by both Mark Chait and Bill
McMahon:
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Q. Did senior ofTiciaJs Ji'om DOJ and ATF visit Mexico with regard to
this case?
Q. Would this case have been one of the things that got discussed
during their visits?
A. We talked about it, but we said , .. hey what is going on with this
case out of Phoenix, we are starting to see a lot of guns in the
suspect gun database, kind of alarming, so many guns. They said
hey ... we've got it handled, we are working, it is a good case out
of Phoenix.
A. Well, thc director had come down, the deputy director had come
down, the deputy associate director had come down.
Q. Wno is that?
Q. Mark Chait?
A. Mark Chait came down. Bill Newell came down. So, yeah these
guys have come down.
Q. Multiple visits?
A. Yeah. Some of them, multi visits and they talked, hey, yeah, we
got a big case out of Phoenix. I 10
As Gil later stated, "[a]t that point ... you just got to say, fine, these guys, they're the leaders of
this agency and they have some plan that I'm not aware of, but hopefully they have a good
one.,,111
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H4280 CONGRESSIONAL RECORD HOUSE June 28, 2012
B. A "Good Investigation"
The Phoenix Field Division and ATF headquarters extolled the virtues oftbe
investigation to ATF personnel in Mexico. For example, during Acting ATF Director KeIUleth
Melson's 2010 ~pring vi~it, Gil's staff asked about the Phoenix casc. Gil detailed Acting
Director Melson' s response:
A. Mmh-hmm.
A. It was like, yeah ... we got a case. We got a good case going on
in Phoenix.
***
Q. Senior people in headquarters were aware of the case and they
were not as a1armed?
A. Right
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4281
A. Correct. 1 13
Gil and Canino received the same message of support for Operation Fast and Furious
from the Department of Justice. During a visit to Mexico, Lanny Breuer, the Assistant Attorney
General for the Criminal Division demonstrated his awareness of the case:
Mr. [Breuer] kind of summed up his take on everything at the end, and one
of them was that there's an investigation that ATF is conducting that looks
like it's going to generate some good results and it will be a good positive
case that we can prescnt to the Government of Mexico as efforts that the
US Government is taking to try and interdict weapons going into Mexico.
And that was about - that was it. That was just a general statement.
Myself and my deputy I believe were in the room and we kind of looked at
each other. We're a\vare of this case, and so we assumed that's what he
WaS mentioning. And we just wanted to make sure - we look at each other
going, hope the ambassador [Carlos Pascual] doesn't ask any questions
because we really don't know anything about the case. And luckily the
ambassador did 110t. 114
Canino also remembered a visit from Breuer where Breuer touled the Phoenix case:
Q. And during meetings \',!ith "Mr. Breuer, did this subject come up?
***
Q. But do you remember the specific incident with the Ambassador
talking about thc success stories?
A. Right.
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H4282 CONGRESSIONAL RECORD HOUSE June 28, 2012
The Department of Justice, and more specifically, Assistant Attorney General Lanny Breuer,
clearly knew about Operation Fast and Furious. Further, the Department of Justice's Office of
Enforcement Operations (OEO) approved numerous of the wiretap applications in this case.
These applications were signed on behalf of Assistant Attorney General Breuer in the spring of
20 10. Instead of stemming the flow of flfcarms to Mexico, Operation Fast and Furious arguably
contributed to an increase in weapons and violence. J 16
AdditionaUy, the United States Attorney's office in Arizona - another DOJ component-
was inextricably involved in supervising Operation Fast and Furious as the office was part of a
prosecutor-led and OCDETF funded strike force. I 17 According to many agents, the U.S.
Attorney's office's intimate day-to-day involvement was to the detriment of ATF's Phoenix
Field Division. Furthermore, althoufh DO] knew about the operation, it kept key people who
needed this information in the dark. 18
By their own accounts, mcmbers of the senior leadership of both ATF and DO] wanted a
big firearms trafficking case to demonstrate success in combatting Mexican cartels. Despite this
goal, they failed to provide specifics of the case to both Mexican officials and ATF personnel
stationed in Mexico, As the chief ATF advisor in Mexico, Gil found this lapse of information
sharing embarrassing. I 19
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***
A. Again, I was aV,rare there was an investigation, but I wasn't aware
120
of the particulars of the investigation.
According to Gil, ATF leadership withheld information from him and other A TF agents in
Mexico because ofa fear that they would brief the Government of Mexico on the investigation
and would jeopardize Operation Fast and Furious:
Q. Did anyone ever tell you, this is sensitive and we can't let the
Government of Mexico know about this case?
But at some point, okay, you haven't gotten the information by this
time . . . you need to shut it do\'ln just for safcty and security
reasons. So that was the assumption \ve had.
***
Well, they're worried the Mexicans are going to get - the
Government of Mexico would get it and it would ruin their
investigation. All right, so let us know. Wen ... they're afraid
that you'll eilher willingly or unknowingly release this infomlalion
to your GaM counterparts.
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H4284 CONGRESSIONAL RECORD HOUSE June 28, 2012
Ultimately, ATF leadership's withholding of information worked against its own representatives
in Mexico. This realization was a source of major irritation and frustration for Gil:
A. Again, I've repeatedly said I was very frustrated down there. And
so that answer is, yes, I was very frustrated because I was not part
of the ongoing investigation.
Q. So when you're told about a bigger picture, when you're told about
a more sophisticated case, you hear [Lanny Breuer] referencing an
ATF case, which is presumably this case .... At any point in time
did you say, why am I not read into this case? Why am I not a
party to these conversations?
When you tell me, well, we don't want to let you know because
we're afraid you'll notifY- the ambassador or ultimately somehow
the Government of Mexico is going to find out, yes, that irritates
me. And you can see why the voice level went up and the
vulgar language probably came out on certain occasion
because it is very, very irritating.
Q. And you were trying to help them understand these guns are being
recovered at crime scenes, these guns are in the possession of
cartels, people are dying?
A. Correct.
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A. Myself, the deputy, I mean, it's like ground-hog day and - that's the
best way to put it. Every time the event came up for whatever
reason, maybe it was a new seizure, I was notified again, hey,
when is this going to be shut down. And it's the same response
that, hey, '~'e're still working on it, it's still ongoing, we're getting
some good information and we'll shut it down as soon as we
can. 122
FINDING: Despite assurances that the program would be shut down as early as March
2010, it took the murder of a U.S. Border Patrol Agent in December 2010 to
actually bring the program to a close.
As the ATF otlicials in Mexico continued to express concerns throughout 2010, ATF
leadership told them the investigation would be shut down as soon as possible. Gil explained:
1 queried Chief [Kumor] again ... and that - and the ongoing discussion
continued, they're aware of it, they're going to close it down as soon as
they possibly can, but there's still- they think the investigation is not to
the point where they can close it yet And the discussions went on and on.
It went to the point I departed Mexico. I 23
Gil left his position as Attache to Mexico in October 2010 and retired from th(~ ATF just a few
months later. At the time of his retirement, Operation Fast and Furious remained ongoing.
Several months before Gil retired, Deputy Attache Canino wrote to Dan Kumor with disturbing
statistics:
Kumor's response led Canino to believe that arrests were imminent in Operation Fast and
Furious:
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H4286 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. That they were going to shut the case dO\vn and make arrests.
Q. Now, at that point you still didn't know that they were gun
walking?
A. I never knew, I never believed it until this past April. Even after I
... talked to other guys in intel.
Q. Just to go back to this. So when they said they arc going to close
the case down, what did you interpret that to mean? What was
they were shutting down?
A. They were going to start making arrests. Now ... through the fall,
late fall, and I have bcen talking to Bill.
Q. Bill Newell?
A. Bill Newell, and Bill told me, hey, Carlos, we are going to
probably take this down you know we are trying to take it down, I
think he said December or so ... Novemberish .... This is right
around October ... November, December we are going to take this
125
down ... then, the Terry murder happens.
The first arrest finally came in December 2010, immediately after Agent Terry's murder. More
followed a few weeks later in January 2011. Prior to these arrests, Canino and the other A TF
agents in Mexico continued to urge ATF leaders to shut down Operation Fast and Furious to no
avail. Canino testified:
Like I said, right around after somebody told me the figure was 1,200 guns
... there's a case out of Phoenix. . .. They'll take it off when they take it
off. We're concerned .... I've made my concerns up the chain ... sent
that e-mail in July. I'm told they're going take it off in August. From
September nothing, October .... October, November, Bill Newell says,
I'm going to start taking this off. . . . October, November. December
comes around, Agent Terry happens. They take it otl' in January, end of
January. 126
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Kumor testified about his conversation with Deputy Assistant Director William McMahon about
shutting down Operation Fast and Furious:
Q. But that got heated as well. He was very animated about needing
to shut this case down?
A. And if we did which is very possible and I'd say I agree with you a
hundred percent but it's not my call, and I've already made those
concerns known ... 10 Bill (McMahon], and it's not - I don't have
the authority to do it. And I said, matter of fact. whoever comes
down or if you want to pick up the phone, you can tell them and
see if you get anywhere with them. But the bottom line is that
they're saying that the U.S. attorney's office is not going to
authorize them to arrest these people. And, again, they're up on a
wire and they're trying to put this case together.
A. Yes.
m
Q. What about Mr. Kumor? Did he express any concerns about this
case?
A. Uh huh.
127 Transcribed Interview of Daniel KI.IIDOr, Tnmscripl at 39, Jl.lly 13, 2011 (on file with author) [hereinafter Kl.lmor
Transcript].
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A. I did?
Q. Yes, Mr. Kumor and Mr. Rowley. That doesn't ring a bell?
A December 17,2009 e-mail from Bill Newell indicates that he intended to brief McMahon
about Ray Rowley's concerns regarding weapons showing up in Mexico in great numbers: 129
m Transcnbcd Interview ofWtlliam McMahon, Transcript at 38, June 28, 20]1 (on file with author) [hereinafter
McMahon Transcript].
Il9 E-mail from Bill Newell to Dave Voth December 17,2009 (HOGR ATF - 0009(6).
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WeR done, thank you. I wHI aatlress Rey'l! concem~ w!!tl MC!\II~hon.
Bill Newell
S~Bl Ag$nt in
(Rand NM)
NOTICE: TIlts >!lle<:trorllc transmISsIon Is conliderrual and Intended only for the person(s}!o whom It is addressed, If y<;IU
have received !hIs transmi3:1lon Tn &fI"O/", ple6& n()lJfy the sender by return II-meft Bnd destroy ihl$ me$$J)Qe In itS entlrety
(Including all attachment:;).
OS!! has not yet Ilnlslled a ~nl< diagram <In this Irwestlgatlon. Therefore, t~ Is no ~chart" In exIstence dJiilgrammlng
chis investigation. Lorren Lelldmon and crew are cUlTBntfy worldng on such a Unlt~feeram I:hart, but It is not yet
complete. Mr. leadmon dld have ~ (roWer point that g<IVB <In oveMew-of the case and that has been forwarded to GS
Vofh. However, that power point is about l weelt old, so me info Is already a bit dated. GS votll and Mr. Leadmon are
speaking On a regular basis, so the lines 0' commun{l:lrt!on are flOW the equivareot of the proverbial fire hose. During
one of their eonver:satiClns, Lorren told voth that Ray Rowley reeeived II brlermg on the in'o'Elstlgatlon this week and
mentioned the possibility of n~dlng to shu! the Investigation down due to tile farge number of 8U"$ that have already
been trafficked. Tlu!rafore, I spoke with Ray Rowley todav and explained that even though the Identtfled straw
purchasers bought approlClmately 175 guns last week alone, we have slowed down the FFl on future purchases and are
obhllning intelllg.!!IfK;e directly related to this investigation !'rom the current OEA wire tap. Ray did express some conCl!rn
regarding the total number of guns that have been purchased by thls strawpurchase scheme. I cautIoned Rayon not
doIng any ~ of Informal ,alc1,ll<nlons on purctmse numbers <IS that likely will re.o;utt In double counting of firearms
(counting plJTCnased gUM as well as recQVeJ"!ld gUl1$). I have al$o adVised mat we will slow the purchasers down as
much II~ pos;.ible, b1.lt we have rIOt l.;temiflea the Mtwori< yet. The result will be that the ras-ponsible CQMplrnto,", will
have new straw-purchasers operatkllllli before we complete the booking paperwor'/:. ! h<ll'e <lsked Rav to CIloslder me
his direct point of contact on any futU<"e questkms and/or COlKems and I will do the same with him. I have also spoken
with Kevin O'Keefe today and maintain those Unes of commUnicatIon.
As for plan.; to procet>.d. I have asked Mr. V<:)th to bilsfn prt>.paring" white paper that outlines progre<s to date as welt as
a plans for proceeding with the Investigation. I know that he wants to take the Inform<ltlon from the DEA wire <Ina spin
it off on B wire involving these sllbjem. ! h"ve olso asked Mr. Voth to propare i111st of resources that HQ con provide
(perS"onneland equipment} to support this investigation. J will keep Vo!] posted as things arise.
George T. Gillett
,~stant Speer,.1 Agent In Charge
ATF
l-...... _ Phoonix
_ __ Field DMslan
~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _ _ _ ..,___...
In his testimony, Kumor noted that he lacked the authority to shut down this investigation, but he
reiterated that he raised the concerns expressed to him by ATF agents in Mexico with McMahon:
Q. And you and Gil were in agreement that this was concerning, and
you supported him in his view tbat something ought to be done-
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H4290 CONGRESSIONAL RECORD HOUSE June 28, 2012
A. No.
Kumor specifically refuted McMahon's testimony to the Committees' investigators about these
events:
Q. Right.
A. I did. I raised the issue of the fact that these weapons had been
had started showing up and ... what are we going to do? What's
going on? Obviously if they're showing up in Mexico, that's a
problem.
Q. How carly did you raise that with him as far as the best you can
recall?
A. When this thing first started. When this case first started that
you're going to have ... 1 know in March when they were showing
the screen and how many guns were involved.
Q. March of2010?
A. I believe he was.
A. Right.
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FINDING: ATF officials in Mexico finally realized the truth: ATF allowed guns to walk.
By withholding this critical information from its own personnel in Mexico,
A TF jeopardized relations between the CS. and Mexico.
\V'ben Special Agent John Dodson and the other ATF whistleblowers first came forward
with allegations that guns were walked across the Mexican border during Operation Fast and
Furious, Canino and Gil refused to believe them. Gil and Canino could not believe that the A TF
would actually utilize a tactic thal contravened the training and field experience of every A TF
agent. Gil and Canino, the top two A TF officials in Mexico, could not even conceive that ATF
would employ a strategy of allowing weapons transfers to straw purchasers. As Canino testified:
A. Just - you don't do it. You don't wa[lk] gilllS. You don't wa[lk]
guns .... You don't lose guns. You don't walk guns. You don't
let guns get out of your sight. You have all these undercover
techniques, all these safety measures in p lace so guns do not get
out of your custody or control. I mean, I mean, you could follow,
you could do (l surveillance for 1,000 miles ... either use planes,
trackers, you use everything under the SUD, but at the end of the
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H4292 CONGRESSIONAL RECORD HOUSE June 28, 2012
day, those guns do not leave your control. At some point those
guns do not get into the streets. 133
... And so the - to me, when I first heard this going on in the media
about the potential for A TF letting guns walk, it was
inconceivable. I didn't want to believe it. It just - it would
never happen. Everybody knows the consequences on the
other end of . . . these guns aren't going for a positive cause,
they're going for a negative cause, The term "guns walking" didn't
, In
eX1st . my voca b 1I1ary. 134
In fact, Canino - an instructor for field operations and undercover operations for A TF since
1998, and a founding member and teacher of the ATF enhanced undercover training program --
felt so confident that these allegations were false, that he began assuring people that the
allegations had no merit:
Never, it is just, you don't do that. It is not - what these guys did
was basically grab tbe ATF rule book on trafficking and threw
it out the window. This is indefensible. It is indefensible. The
A TF docs not do this. . .. lowe people apologies because whcn
this first came out, I did not believe it.
*** *
[W]hcn this first broke, I said there is no way this happened,
[M]y boss told me, hey, Carlos don't be so vocal about this, , ,
wait, wait to see what happens, I told him, I said, boss, we didn't
do this. He said how are vou so sure? [said because we don't
teach tbis, this is not how ~n are taugbt. 135
Dan Kumar remembers cautioning Canino about being too quick to deny the allegations. As
Canino's supervisor, Kumor did not want him to potentially have to retract false and misleading
comments made to his Mexican counterparts, As somebody stationed in A TF headquarlers,
Kumor may have known there could be some merit to the allegations:
And I said, , _but I told Carlos, I said. , . until we find out what's
going on, I wouldn't be - if we get questions about what happened,
we're going to have to direct all that to the Phoenix field division
or field ops because we don't know. And the last thing I want to
do is represent or have you guys represent to the Mexicans or
anybody else that, hey, . , there's no issues with any of this case,
133 !d at ]2.]3,
1)4 Gil Transcript, at 48.
1)5 Canino Transcript, at 13-14.
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We don't know, and J don't want that coming back later because
that would certainly be an issue with them as far as their
reputations and their ability to be able to operate in the future down
U6
there.
As more information came to light, however, Gil and Canino concluded that hundreds and
hundreds of guns had been walked. These guns ended up in at crime scenes in Mexico, about
which Gil and Canino received extensive briefings. Gil and Canino became incensed when they
finally began to learn about the full scope of Operation Fast and Furious and the investigative
techniques involved:
Q. When you first got the impression that this was part of a strategy to
let guns walk into Mexico, what was your reaction to that strategy?
A I wasn't convinced that this happened until this past April after all
the allegations were made, and I talked to different people. I was
beyond shocked. Embarrassed. I was angry. I'm still angry.
Because this is not what we do.
***
That is, I mean, this is the perfect storm of idiocy. That is the
only way I could put it. This is, I mean, this is inconceivable to
me. This is group think gone awry. You know ,,,,hat General
George Patton says, if we are all thinking alike, then nobody is
thinking. Right? Nobody was thinking here. How could anybody
think, hey, let's follow, I mean there is a guy in this case that
bought over 600 guns. At what point do you think you might want
to pull him aside and say, hey, corne here for a second,137
When Canino himself uncovered hard evidence that ATF had allowed the guns to disappear from
their surveillance he understood the whistleblower allegations were tnlc:
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A. I stopped reading.
A. Yeah.
A. Yes.
Q. And you were upset because walking away from thrcc stash houses
struck you as so outrageous?
A. Walking away from one, walking away from one gun when you
know that that gun is going to be used in a crime when you, I
mean, there is no, there was no gray area here guys. There was
no gray area here. We knew that these guys were trafficking
guns into Mexico. There is no gray area. They weren't
trafficking, [the] guys weren't going out and buying two Larson 22
pistols. These guys were buying 7.62, 223'5, .50 caliber rifles,
138
okay, there was no mistake about this. This is no gray area.
Gil realized the full scope of Operation Fast and Furious only after he retired from ATF. It took
the public allegations ofthc whistlcblowers and contacts with his former colleagues for Gil to
fully comprehend the tactics used in Operation Fast and Furious:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4295
After realizing that ATF had let guns walk, Gil's concerns turned to the safety of ATF agents in
Mexico:
Q. Sure.
A. Puts a mark on their back, for instance, targets for not only corrupt
cartel members to find out who they are and kidnap or kill, which
is some of the unfortunate areas I had to deal with down there.
And then - or Government of Mexico officials not happy and ..
. they may arrest you, indict you, take away your Visa and
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H4296 CONGRESSIONAL RECORD HOUSE June 28, 2012
throw you out of the country. So there's all these things going
on down there amongst my former crew. 140
On October 21, 2010, drug cartel members kidnapped Mario Gonzalez Rodriguez from
his office. At the time of the kidnapping, his sister Patricia Gonzalez Rodriguez was the
Attorney General of the state of Chihuahua in northwestern Mexico. A few days after the
kidnapping, a video surfaced on the Internet in which Mario Gonzalez Rodriguez sat handcuffed,
surrounded by five heavily armed men wearing masks, dressed in camouflage and bullet-proof
vests. Apparently under duress, Rodriguez alleged that his sister had ordered killings at the
behest o[the Juarez cartel, located in Chihuahua. 141 The video quickly went viral, instantly
becoming a major news story in Mexico.
Patricia Gonzalez Rodriguez denied her brother's allegations, claiming the armed men
holding him hostage coerced Mario into making his statements. Patricia Gonzalez Rodriguez
asserted her brother's kidnapping was payback for the prosecutions of members of the Sinaloa
cartel and corrupt Mexican law enforcement otlicers. Ms. Rodriguez lett her post as attorney
general later that month.
E-mails obtained by the Committees indicate that A TF knew about the link to Operation
Fast and Furious almost immediately after the trace results came baek. A November 15,2010 e-
mail from ATF's OSH to the Phoenix Field Division alerted Phoenix that two o[the recovered
AK-47s weapons traced back to Operation Fast and Furious. 144 A number of employees from
at http://www.elpasotimes.com!news/ci_16537620.
)13 Email from Tonya English to David Voth. November 15,2010 (HOGR ATF - 001792).
114 Jd.
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OSH contacted their colleagues in Phoenix to alert them ofthis connection. OSJI agents also
to ld A TF personnel in Mexico. 145
Carlos Canino informed A TF headquarters about the link bet\veen the Gonzalez murder
and the subsequent shootout to Fast and Furious. However, no one authorized Canino to inform
the Mexican government about the connection.
***
A. I remember at least two times when I mentioned it to them. I said
one of us - look, here's what happened. Okay, this woman is a
prominent politician.
A. Right.
Q. She's no longer a ~
\45 Interview with Lorren Leadmon, Intelhgencc Operations Specialist, in Wash., D.C., July 5, 2011.
\45 Canino Tl:anseript, at 3l-32.
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Acting Attache Canino continued to feel strongly that the Mexican government should be
informed of the link between the Mario Gonzalez murderers and Operation Fast and Furious. He
also believed that, given the seriousness ofthe information and the negative fallout that would
likely ensue, ATF headquarters should share this information with the U.S. Ambassador to
Mexico. 147
The rapidly escalating media scrutiny would eventually expose the connection between
the Mario Gonzalez Rodriguez murderers and Operation Fast and Furious. In Canino's view,
sharing this information directly with Mexican officials before the press exposed it was of
paramount importance to preserve U.S.-Mexico relations and the ability of ATF personnel to
operate in Mexico. Not until June 2011, nearly eight month ... aner ATF became aware of the link
between Operation Fast and Furious and the guns recovered following the shootout, did Canino
notify the Mexican government:
Q. That courtesy?
***
Q. And even though you really didn't get permission - well, I guess
Me. Kumor sort of approved, but no one else really did?
A. Right.
Q. But you still decided that it \vas important for you to disclose that
information?
A. If I hadn't told the Attorney General this, and this had come
out in the news media, I would never be able to work with her
ever again, and we would be done in Mexico. We just might as
welt pack up the otTice and go home.
Q. So the fact that these guns traced back to this program Fast
and Furious has the potential, perhaps even did, to create an
international incident?
141 1d at 32.
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A. Absolutely.
***
Q. Now, \Vhat was her reaction when you told her?
A. Yeah.148
The failure to inform the Mexican government earlier risked possible international implications.
This failure to inform is another example of ATF leadership withholding essential information
related to Operation Fast and Furious.
A May 2011 shootout between Mcxican police and cartcl members demonstrates the
broadening impact of Operation fast and furious. On May 24,2011, La Familia DTO gunmen
forced a Fedeml Police helicopter to make an emergency landing in the state ofMichoacan,
located in western Mexico. 149 The gunmen attacked the helicopter, wounding two oflicers on
board and forcing the aircraft to land near the scene of the attack. ISO Canino described the event:
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H4300 CONGRESSIONAL RECORD HOUSE June 28, 2012
On May 29, 2011, the federal police launched a massive raid on the La Familia DTO. During
the raid, cartel gunmen again attacked Federal Police helicopters and wounded two more
officers:
Q. Okay.
Q. Now, was there any people hUft 011 the ground, any deaths?
The raid resulted in the deaths of II cartel members and the arrest of 36 cartel members,
including those suspected of firing on the helicopter several days earlier. Authorities also found
a cache of more than 70 ritles at the scene, including a Barrett .50 caliber rifle. Some of these
weapons traced back to Operation Fast and Furious. 153 Mexican police also found a stash of
heavy-duty body armor belonging to the cartels. This was the first time ATF in Mexico had Seen
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such body armor in the hands of the cartels. Along with the Barrett .50 caliber rifles, these vests
d a new IeveI 0 f' soph"IstlcatlOn
symb0 1lze . .III carte1weaponry. j -,4
During a trip to Mexico City on June 25,2011, Members and stafffrom the U.S. Honse
of Representatives Committee on Oversight and Government had an opportunity to visually
inspect the damaged helicopter. 155 Several bullet holes were evident on the body of the aircraft.
and one round from a .SO-caliber rifle pench'ated the thick "bullet proof' glass windshield.
The downed helicopter incident and subsequent police raid resulted in thc recovery of
Operation Fast and Furious weapons that may have been used against the Mexican police.
Barrett .50 caliber rifles provide a significant upgrade to the cartels' ability to inflict serious
damage and casualties on their enemies. As Canino testified:
Previously, weapons had been linked back to the Sinaloa cartel and members of the El Teo
organization, an off-shoot from the Beltran -Leyva cartel. La Familia DTO is the third cartel
connected to Operation Fast and Furious \veapons, The May 24, 2011 shooting shows that
Operation Fast and Furious weapons may he found in a broader geographic area than the
territory controlled by the Sinaloa DTO. [57 This spread of Operation Fast and Furious weapons
may place an cven greater numher of Mexican citizens in hann's way.
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H4302 CONGRESSIONAL RECORD HOUSE June 28, 2012
IX. Conclusion
According to the Justice Department's July 22, 2011 response to Questions for the
Record posed by Senator Grassley, Fast and Furious suspects purchased 1,418 weapons after
becoming known to the ATF .158 Of those weapons, 1,048 remain unaccounted for, since the
Department's response indicates that the guns have not yet been recovered and traced. 159 U.S
and Mexican law enforcement officials continue to seize weapons connected to the operation and
recover weapons at crime scenes on both sides of the border. Given the vast amount of
Operation Fast and Furious weapons possibly still in the hands of cartel members, law
enforcement officials should expect more seizures and recoveries at crime scenes. According to
several agents involved in Operation Fast and Furious, ATF agents will have to dcal with these
guns for years to come: 60
Some aspects of Operation Fast and Furious may ultimately escape scrutiny givcn the
difficulties of tracing wcapons recovered in Mexico. The possibility remains for more high-
profile deaths linked to Operation Fast and Furious. Canino bluntly described his reaction to that
possibility:
Q. \\/hen you first got the impression that this was part of a strategy to
let guns walk into Mexico, what was your reaction to that strategy?
A. The guys in Mexico will trace those ... I'm beyond angry. Brian
Terry is not the last guy, okay, guys? Let's put it out there right
now. Nobody wants to talk about that. Brian Terry is not the last
guy unfortunately . . . . Unfortunately, there are hundreds of
Brian Terrys probahly in Mexico . . . we A'I];' armed the
[Sinaloa] cartel. It is disgusfing. 161
The faulty design of Operation Fast and Furious led to tragic consequences. Countless
United States and Mexican citizens suffered as a result. The lessons learned from exposing the
risky tactics used during Operation Fast and Furious will hopefully be a catalyst for better
leadership and better internal law enforcement procedures. Any strategy or tactic other than
interdiction of illegally purchased firearms at the first lawful opportunity should be subject to
strict operational controls. These controls are essential to ensure that no government agency ever
again allows guns to knowingly flow from American gun stores to intermediaries to Mexican
drug cartels.
\53 Letter from Ronald WClch, Asst. Att'y Gen., U.S. Dcp't of Justicc, to Senator Patrick Lcahy, Chairman, Senate
Jud. Comm., July 22, 2011,13.
\59 / d. at 14,
J60 See Casa Transcript, at 17; see also Operation Fast and Furious: Reckless Decisions, Tragic Outcomes, III th
Congo 44 June 14,2011 (statement of Peter Forcelli, ATF Special Agent).
J6\ Canino Transcript, at 17-19.
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MINORITY VIEWS Despite promising that he would be inves- Each application for an order authorizing
Report of the Committee on Oversight and tigating a president of my own party because or approving the interception of a wire, oral,
Government Reform many of the issues were working on began or electronic communication under this
on [sic] President Bush, the Chairman also chapter shall be made in writing upon oath
Resolution Recommending that the House of
refused multiple requests for former Attor- or affirmation to a judge of competent juris-
Representatives Find Eric H. Holder, Jr.,
ney General Michael Mukasey to testify be- diction. Applications made and orders grant-
Attorney General, U.S. Department of Jus-
fore the Committee or to meet with Com- ed under this chapter shall be sealed by the
tice, in Contempt of Congress for Refusal to
mittee Members informally to discuss the judge.17
Comply with a Subpoena Duly Issued by
origination and evolution of gunwalking op- Similarly, in 1940, Congress passed a stat-
the Committee on Oversight and Govern-
erations since 2006.4 Documents obtained ute giving the Supreme Court the power to
ment Reform
during the investigation indicate that Mr. prescribe rules of pleading, practice, and pro-
On June 20, 2012, the Committee adopted Mukasey was briefed personally on botched
on a strictly party-line vote a report and res- cedure in criminal cases.18 In 1946, the mod-
efforts to coordinate firearm interdictions ern grand jury secrecy rule was codified as
olution (hereinafter Contempt Citation) with Mexican law enforcement officials in
concluding that Attorney General Eric H. Rule 6(e) of the Federal Rules of Criminal
2007 and was informed directly that such ef- Procedure, which provides for criminal pen-
Holder, Jr., the chief law enforcement officer forts would be expanded during his tenure.5
of the United States, should be held in con- alties for disclosing grand jury informa-
The Committee also failed to conduct
tempt of Congress for declining to produce tion.19
interviews of other key figures. For example, The Department has explained this to the
certain documents pursuant to the Commit- the Committee did not respond to a request
tees investigation of gunwalking during Committee repeatedly, including in a letter
to interview Alice Fisher, who served as As- on May 15, 2012:
Operation Fast and Furious and previous op- sistant Attorney General in charge of the
erations. Criminal Division from 2005 to 2008, about Our disclosure to this oversight Committee
Committee Democrats were unanimous in her role in authorizing wiretaps in Operation of some material sought by the October 11
their opposition to the Contempt Citation. Wide Receiver, or to a request to interview subpoena, such as records covered by grand
These dissenting views conclude that Con- Deputy Assistant Attorney General Kenneth jury secrecy rules and federal wiretap appli-
gress has a Constitutional responsibility to Blanco, who also authorized wiretaps in Op- cations and related information, is prohib-
conduct vigorous oversight of the executive eration Fast and Furious and still works at ited by law or court orders.20
branch, but that holding the Attorney Gen- the Department, but who was placed in his Despite these legal prohibitions, the Chair-
eral in contempt would be an extreme, un- position under the Bush Administration in man continued to threaten to hold the At-
precedented action based on partisan elec- April 2008.6 No explanation for these refusals torney General in contempt for protecting
tion-year politics rather than the facts un- has been given. these documents. He also publicly accused
covered during the investigation. During the Committee business meeting on the Attorney General of a cover-up, 21
These views find that the Committee failed June 20, 2012, every Democratic amendment claimed he was obstructing the Commit-
to honor its Constitutional responsibility to to correct the Contempt Citation by noting tees investigation,22 asserted that he is will-
avoid unnecessary conflict with the execu- these facts was defeated on strictly party- ing to deceive the public, 23 and stated on
tive branch by seeking reasonable accom- line votes. national television that he lied. 24
modations when possible. The Committee II. HOLDING THE ATTORNEY GENERAL IN
flatly rejected a fair and reasonable offer IV. THE DOCUMENTS AT ISSUE IN THE CON-
CONTEMPT WOULD BE UNPRECEDENTED TEMPT CITATION ARE NOT ABOUT
made by the Attorney General to provide ad-
The House of Representatives has never in GUNWALKING
ditional internal deliberative documents
its history held an Attorney General in con- The documents at issue in the Contempt
sought by the Committee in exchange for a
tempt of Congress. The only precedent ref- Citation are not related to the Committees
good faith commitment toward resolving the
erenced in the Contempt Citation for holding investigation into how gunwalking was initi-
contempt dispute. Instead, the Committee
a sitting Attorney General in contempt for ated and utilized in Operation Fast and Furi-
has repeatedly shifted the goalposts in this
refusing to provide documents is this Com- ous.
investigation after failing to find evidence to
mittees vote in 1998 to hold then-Attorney Over the past year, the Department of Jus-
support its unsubstantiated allegations.
General Janet Reno in contempt during the tice has produced thousands of pages of docu-
The Contempt Citation adopted by the
campaign finance investigation conducted by ments, the Committee has interviewed two
Committee contains serious and significant
then-Chairman Dan Burton.7 dozen officials, and the Attorney General has
errors, omissions, and misrepresentations. Chairman Burtons investigation was wide-
To address these inaccuracies, these views testified before Congress nine times.
ly discredited, and the decision to hold the In January, Ranking Member Cummings
hereby incorporate and attach the 95-page Attorney General in contempt was criticized
staff report issued by Ranking Member Eli- issued a comprehensive 95-page staff report
by editorial boards across the country as a documenting that Operation Fast and Furi-
jah Cummings in January 2012, which pro- gross abuse of his powers as chairman of the
vides a comprehensive analysis of the evi- ous was in fact the fourth in a series of
committee, 8 a fishing expedition, 9 gunwalking operations run by ATFs Phoe-
dence obtained during the Committees in- laced with palpable political motives, 10
vestigation. nix field division over a span of five years be-
and showboating. 11 That action was so ginning in 2006. Three prior operationsOp-
I. THE COMMITTEES ACTIONS HAVE BEEN partisan and so widely discredited that Newt eration Wide Receiver (20062007), the Her-
HIGHLY PARTISAN Gingrich, who was then Speaker, did not nandez case (2007), and the Medrano case
The Committees contempt vote on June bring it to the House Floor for a vote.12 (2008)occurred during the Bush Administra-
20, 2012, was the culmination of one of the Similarly, numerous commentators and tion. All four operations were overseen by
most highly politicized congressional inves- editorial boards have criticized Chairman the same ATF Special Agent in Charge in
tigations in decades. It was based on numer- Issas recent actions as a monstrous witch Phoenix.25
ous unsubstantiated allegations that tar- hunt, 13 a pointless partisan fight, 14 and The Committee has obtained no evidence
geted the Obama Administration for polit- dysfunctional Washington as usual. 15 that the Attorney General was aware that
ical purposes, and it ignored documented evi- III. THE COMMITTEE HAS HELD THE ATTORNEY gunwalking was being used. To the contrary,
dence of gunwalking operations during the GENERAL TO AN IMPOSSIBLE STANDARD as soon as he learned of its use, the Attorney
previous administration. For more than a year, the Committee has General halted it, ordered an Inspector Gen-
During the Committees 16-month inves- held the Attorney General to an impossible eral investigation, and implemented signifi-
tigation, the Committee refused all Demo- standard by demanding documents he is pro- cant internal reform measures.26
cratic requests for witnesses and hearings. In hibited by law from producing. After finding no evidence of wrongdoing by
one of the most significant flaws of the in- One of the key sets of documents de- the Attorney General, the Committees in-
vestigation, the Chairman refused multiple manded during this investigation has been vestigation shifted to focusing on a single
requests to hold a public hearing with Ken- federal wiretap applications submitted by letter sent by the Departments Office of
neth Melson, the former head of ATF, the law enforcement agents in order to obtain a Legislative Affairs to Senator Charles Grass-
agency responsible for conducting these op- federal courts approval to secretly monitor ley on February 4, 2011. This letter initially
erations.1 The Chairmans refusal came after the telephone calls of individuals suspected denied allegations that ATF knowingly al-
Mr. Melson told Committee investigators of gun trafficking. lowed the sale of assault weapons to a straw
privately in July 2011 that he never informed The federal wiretapping statute, which was purchaser who then transported them into
senior officials at the Justice Department passed by Congress and signed by President Mexico and stated that ATF makes every
rfrederick on DSK6SPTVN1PROD with HOUSE
about gunwalking during Operation Fast and Lyndon B. Johnson on June 19, 1968, provides effort to interdict weapons that have been
Furious because he was unaware of it him- for a penalty of up to five years in prison for purchased illegally and prevent their trans-
self.2 Mr. Melsons statements directly con- the unauthorized disclosure of wiretap com- portation to Mexico. 27
tradict the claim in the Contempt Citation munications and prohibits the unauthorized The Department has acknowledged that its
that senior Justice Department officials disclosure of wiretap applications approved letter was inaccurate and has formally with-
were aware of gunwalking because Mr. by federal judges, who must seal them to drawn it. On December 2, 2011, the Depart-
Melson briefed Gary Grindler, then-Acting protect against their disclosure.16 The stat- ment wrote that facts have come to light
Deputy Attorney General, in March 2010.3 ute states: during the course of this investigation that
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H4304 CONGRESSIONAL RECORD HOUSE June 28, 2012
indicate that the February 4 letter contains The accommodation required is not simply tempt proceedings in order to conduct a seri-
inaccuracies. 28 an exchange of concessions or a test of polit- ous and careful review of presidential asser-
Acknowledging these inaccuracies, the De- ical strength. It is an obligation of each tions of executive privilege, Chairman Issa
partment also provided the Committee with branch to make a principled effort to ac- stated that I claim not to be a constitu-
1,300 pages of internal deliberative docu- knowledge, and if possible to meet, the le- tional scholar and proceeded with the con-
ments relating to how the letter to Senator gitimate needs of the other branch.34 tempt vote.41
Grassley was drafted. These documents dem- VI. THE COMMITTEES DECISION TO PRESS In contrast, former Committee Chairman
onstrate that officials in the Office of Legis- FORWARD WITH CONTEMPT LED TO THE AD- Henry Waxman put off a contempt vote after
lative Affairs who were responsible for draft- MINISTRATIONS ASSERTION OF EXECUTIVE President George W. Bush asserted executive
ing the letter did not intentionally mislead PRIVILEGE privilege in the investigation into the leak
Congress, but instead relied on inaccurate of the covert status of CIA operative Valerie
assertions and strong denials from officials After the Chairman refused the Attorney
Plame.42 He took the same course of action
in the best position to know the relevant Generals good faith offerand it became
after President Bush asserted executive
facts: ATF and the U.S. Attorneys Office in clear that a Committee contempt vote was
privilege over documents relating to the En-
Arizona, both of which had responsibility for inevitablethe President asserted executive
vironmental Protection Agencys ozone regu-
Operation Fast and Furious. 29 privilege over the narrow category of docu-
lation on the same day as a scheduled con-
Despite receiving these documents explain- ments still at issue. The Administration
tempt vote. At the time, he stated:
ing how the letter to Senator Grassley was made clear that it was still willing to nego-
drafted, the Committee moved the goalposts tiate on Congress access to the documents if I want to talk with my colleagues on both
and demanded additional internal documents contempt could be resolved. sides of the aisle about this new develop-
created after February 4, 2011, the date the On June 20, 2012, Deputy Attorney General ment. I want to learn more about the asser-
letter to Senator Grassley was sent. It is un- James Cole wrote to the Chairman to inform tion and the basis for this assertion of the
clear why the Committee needs these docu- the Committee that the President, in light executive privilege.43
ments. This narrow subset of additional doc- of the Committees decision to hold the con-
Although the Committee ultimately dis-
umentswhich have nothing to do with how tempt vote, has asserted executive privilege
agreed with the validity of President Bushs
gunwalking was initiated in Operation Fast over the relevant post-February 4 docu-
assertions of executive privilege, in neither
and Furiousis now the sole basis cited in ments. 35 An accompanying letter from At-
case did the Committee go forward with con-
the Contempt Citation for holding the Attor- torney General Holder described the docu-
tempt proceedings against the officials
ney General in contempt.30 ments covered by the privilege as limited to
named in the contempt citations.
V. THE COMMITTEE REFUSED A GOOD FAITH internal Department documents from after
Similarly, Rep. John Dingell, as Chairman
OFFER BY THE ATTORNEY GENERAL FOR AD- February 4, 2011, related to the Departments
of the Energy and Commerce Committee
DITIONAL DOCUMENTS response to Congress. 36
during that Committees 1981 investigation
The Committee failed to honor its Con- Claims by House Speaker John Boehner
into the Department of Interior, received an
stitutional responsibility to avoid unneces- and others that the Administrations asser-
assertion of executive privilege from the
sary conflict with the Executive Branch by tion of executive privilege raises questions
Reagan Administration regarding documents
seeking reasonable accommodations when about the Presidents personal knowledge of
pertaining to the administration of the Min-
possible. On the evening before the Commit- gunwalking reflect a misunderstanding of
eral Lands Leasing Act.44 Before proceeding
tees contempt vote, the Attorney General the scope of the privilege asserted.37 Regard-
to contempt, the Committee held two sepa-
met with Chairman Issa, Ranking Member ing the narrow subset of documents covered
rate hearings on the executive privilege as-
Cummings, Senator Grassley, and Senator by the assertion, the letter from Attorney
sertion, and the Committee invited the At-
Patrick Leahy. The Attorney General offered General explained:
torney General to testify regarding his legal
to take the following steps in response to the They were not generated in the course of opinion supporting the claim of executive
Committees demands for additional docu- the conduct of Fast and Furious. Instead, privilege.45
ments. Specifically, the Attorney General: they were created after the investigative VIII. THE INVESTIGATION HAS BEEN
(1) offered to provide additional internal tactics at issue in that operation had termi- CHARACTERIZED BY UNSUBSTANTIATED CLAIMS
deliberative Department documents, created nated and in the course of the Departments
The Committees investigation of ATF
even after February 4, 2011; deliberative process concerning how to re-
gunwalking operations has been character-
(2) offered a substantive briefing on the De- spond to congressional and related media in-
ized by a series of unfortunate and unsub-
partments actions relating to how they de- quiries into that operation.38
stantiated allegations against the Obama
termined the letter contained inaccuracies; The Attorney Generals letter also ex- Administration that turned out to be inac-
(3) agreed to Senator Grassleys request plained the Administrations legal rationale curate.
during the meeting to provide a description for invoking executive privilege over inter- For example, during an interview on na-
of the categories of documents that would be nal deliberative Justice Department docu- tional television on October 16, 2011, the
produced and withheld; and ments, citing opinions from former Attor- Chairman accused the Federal Bureau of In-
(4) agreed to answer additional substantive neys General Michael B. Mukasey, John vestigation (FBI) of concealing evidence of
requests for information from the Com- Ashcroft, William French Smith, and Janet the murder of Agent Brian Terry by hiding a
mittee. Reno, as well as former Solicitor General third gun found at the murder scene.46 The
The Attorney General noted that his offer and Acting Attorney General Paul D. Clem- FBI demonstrated quickly that this claim
included documents and information that ent.39 The letter also quoted the Supreme was unsubstantiated.47 Although the Chair-
went even beyond those demanded in the Court in United States v. Nixon, writing: man admitted during a subsequent hearing
Committees subpoena. In exchange, the At- that we do go down blind alleys regularly,
The threat of compelled disclosure of con-
torney General asked the Chairman for a no apology was issued to the law enforce-
fidential Executive Branch deliberative ma-
good faith commitment to work towards a ment agents that were accused of a cover-
terial can discourage robust and candid de-
final resolution of the contempt issue.31 up.48
liberations, for [h]uman experience teaches
Chairman Issa did not make any sub- At the same time, the Chairman has de-
that those who expect public dissemination
stantive changes to his position. Instead, he fended the previous Administrations oper-
of their remarks may well temper candor
declined to commit to a good faith effort to ations as coordinated. 49 In response to a
with a concern for appearances and for their
work towards resolving the contempt issue question about gunwalking during the Bush
own interests to the detriment of the deci-
and flatly refused the Attorney Generals Administration, the Chairman stated:
sionmaking process. . . . Thus, Presidents
offer. have repeatedly asserted executive privilege We know that under the Bush Administra-
There is no question that the Constitution
to protect confidential Executive Branch de- tion there were similar operations, but they
authorizes Congress to conduct rigorous in-
liberative materials from congressional sub- were coordinated with Mexico. They made
vestigations in support of its legislative
poena.40 every effort to keep their eyes on the weap-
functions.32 The Constitution also requires
VII. THE COMMITTEE FAILED TO RESPONSIBLY ons the whole time.50
Congress and the executive branch to seek to
accommodate each others interests and to CONSIDER THE EXECUTIVE PRIVILEGE ASSER- To the contrary, the staff report issued by
avoid unnecessary conflict. As the D.C. Cir- TION Ranking Member Cummings on January 31,
cuit has held: Despite requests from several Committee 2012, documents at least three operations
Members, the Committee did not delay or during the previous Administration in which
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[E]ach branch should take cognizance of an postpone the business meeting in order to re- coordination efforts were either non-existent
implicit constitutional mandate to seek op- sponsibly examine the Administrations as- or severely deficient.51
timal accommodation through a realistic sertion of executive privilege and determine In addition, the Chairman has stated re-
evaluation of the needs of the conflicting whether it would be appropriate to continue peatedly that senior Justice Department of-
branches in the particular fact situation.33 contempt proceedings against the Attorney ficials were fully aware of gunwalking in
Similarly, then-Attorney General William General. Operation Fast and Furious.52 After con-
French Smith, who served under President Instead of following the example of pre- ducting two dozen transcribed interviews,
Ronald Reagan, observed: vious Committee Chairmen who put off con- none of the officials and agents involved said
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4305
they informed the Attorney General or other Oversight and Government Reform, at 11 (June 19 Fed. R. Crim. Pro. 6(e)(7) (providing that
senior Department officials about 14, 2012) (Contempt Citation). a knowing violation of Rule 6 may be pun-
4 The Daily Rundown, MSNBC (Nov. 3, 2010)
gunwalking in Operation Fast and Furious. ished as a contempt of court); 18 U.S.C.
Instead, the heads of the agencies respon- (online at http://videocafe.crooksandliars. 401(3) (providing that a court of the United
sible for the operationATF and the U.S. com/david/darrell-issa-obama-must-answer- States shall have power to punish by fine or
Attorneys Officetold Committee inves- several-hundr); Letter from Rep. Elijah E. imprisonment, or both, at its discretion,
tigators just the opposite, that they never Cummings, Ranking Member, House Com- such contempt of its authority).
informed senior Department officials about mittee on Oversight and Government Re- 20 Letter from James M. Cole, Deputy At-
gunwalking in Operation Fast and Furious form, to Rep. Darrell E. Issa, Chairman, torney General, Department of Justice, to
because they were unaware of it.53 House Committee on Oversight and Govern- Rep. Darrell E. Issa, Chairman, House Com-
Finally, the Chairman has promoted an ex- ment Reform (June 5, 2012); Letter from Rep. mittee on Oversight and Government Reform
treme conspiracy theory that the Obama Ad- Elijah E. Cummings, Ranking Member, (May 15, 2012).
ministration intentionally designed Oper- House Committee on Oversight and Govern- 21 Letter from Rep. Darrell E. Issa, Chair-
ation Fast and Furious to promote ment Reform, to Rep. Darrell E. Issa, Chair- man, House Committee on Oversight and
gunwalking. He stated in December 2011 that man, House Committee on Oversight and Government Reform, to Eric H. Holder, Jr.,
the Administration made a crisis and they Government Reform (Feb. 2, 2012); Letter Attorney General, Department of Justice
are using this crisis to somehow take away from Rep. Elijah E. Cummings, Ranking (Jan. 31, 2012).
or limit peoples second amendment Member, House Committee on Oversight and 22 Letter from Rep. Darrell E. Issa, Chair-
rights. 54 This offensive claim has also been Government Reform, to Rep. Darrell E. Issa, man, House Committee on Oversight and
made by Rush Limbaugh and other conserv- Chairman, House Committee on Oversight Government Reform, to Eric H. Holder, Jr.,
ative media personalities during the course and Government Reform (Nov. 4, 2011). Attorney General, Department of Justice
5 Department of Justice, Meeting of the At-
of the investigation. For example, on June (Oct. 9, 2011).
20, 2011, Mr. Limbaugh stated: torney General with Mexican Attorney General 23 Letter from Rep. Darrell E. Issa, Chair-
Medina Mora (Nov. 16, 2007). man, House Committee on Oversight and
The real reason for Operation Gunrunner 6 Letter from Rep. Elijah E. Cummings,
Government Reform, to Eric H. Holder, Jr.,
or Fast and Furious, whatever they want to Ranking Member, House Committee on Over- Attorney General, Department of Justice
call it now, the purpose of this was so that sight and Government Reform, to Rep. Dar- (Jan. 31, 2012).
Obama and the rest of the Democrats can rell E. Issa, Chairman, House Committee on 24 On the Record with Greta Van Susteren,
scream bloody murder about the lack of gun Oversight and Government Reform (June 5, Fox News (June 7, 2012) (online at
control in the U.S., which is causing all the 2012). www.foxnews.com/ on-air/on-the-record/ 2012/
7 House Committee on Government Reform
murders in Mexico. This was a setup from 06/08/issas - fast - and - furious - frustration-
the get-go.55 and Oversight, Contempt of Congress: Refusal bubbles-over-holders-truth-not-consistent-
of Attorney General Janet Reno to Produce Doc- facts?page=2).
Another conservative commentator stated uments Subpoenaed By the Government Reform 25 Minority Staff, House Committee on
that their political agenda behind this en- and Oversight Committee, 105th Cong. (1998)
tire thing was to blame American gun shops Oversight and Government Reform, Fatally
(H. Rept. 105728). Flawed: Five Years of Gunwalking in Arizona
for cartel violence in America in order to 8 The Contempt Citation, Washington Post
push an anti-Second Amendment, more regu- (Jan. 2012) (online at http://democrats. over-
(Sept. 22, 1998).
lations on these gun shops. 56 Yet another 9 Buck Stops With Reno; Appointing an Inde- sight.house.gov/index.php?option=coml
one stated: content&task=view&id=5575& Itemid=104).
pendent Counsel in Campaign Contribution 26 Id.; House Committee on the Judiciary,
This was purely a political operation. You Case: That Decision is Renos Alone to Make on
Testimony of Eric H. Holder, Jr., Attorney
send the guns down to Mexico, therefore you the Basis of Her Information and Her Interpre-
General, Department of Justice, Oversight of
support the political narrative that the tation of the Law, Los Angeles Times (Aug. 6,
the United States Department of Justice (June
Obama administration wanted supported. 1998).
10 Tell Him No, Ms. Reno!, Miami Herald 7, 2012).
That all these American guns are flooding 27 Letter from Ronald Weich, Assistant At-
Mexico, theyre the cause of the violence in (Aug. 6, 1998).
11 Give Reno Some Room, St. Petersburg torney General, Office of Legislative Affairs,
Mexico, and therefore we need draconian gun Department of Justice, to Sen. Charles E.
Times (Aug. 6, 1998).
control laws here in America.57 12 Congressional Research Service, Congres- Grassley, Ranking Member, Senate Com-
As recently as this month, Committee sional Contempt Power and the Enforcement of mittee on the Judiciary (Feb. 4, 2011).
28 Letter from James M. Cole, Deputy At-
Member John Mica repeated this claim on Congressional Subpoenas: Law, History, Prac-
Fox News. On June 15, 2012, he stated: tice, and Procedure (May 8, 2012). torney General, Department of Justice, to
13 Juan Williams, Issas Monstrous Witch Rep. Darrell E. Issa, Chairman, House Com-
People forget how all this started. This ad- Hunt, The Hill (May 14, 2012). mittee on Oversight and Government Re-
ministration is a gun control administra- 14 A Pointless Partisan Fight, New York form, et al. (Dec. 2, 2011).
tion. They tried to put the violence in Mex- Times (June 20, 2012). 29 Id.
ico on the blame of the United States. So 15 Holder Contempt Vote is Dysfunctional 30 Contempt Citation, at 4142.
they concocted this scheme and actually Washington as Usual, Baltimore Sun (June 21, 31 Id.
sending our federal agents, sending guns 2012). See also Eugene Robinson, GOP Witch 32 Congressional Research Service, Congres-
down there, and trying to cook some little Hunt for Eric Holder Reflects Bigger Problem, sional Oversight Manual (June 10, 2011).
deal to say that we have got to get more Washington Post (June 21, 2012); Paul Bar- 33 United States v. AT&T, 567 F.2d 121, 127
guns under control.58 rett, In Contempt of Government Reform, (D.C. Cir. 1977).
34 5 Op. Off. Legal Counsel. 27, 31 (1981).
There is no evidence to support this con- Businessweek (June 20, 2012); Dana Milbank,
35 Letter from James M. Cole, Deputy At-
spiracy theory. To the contrary, the docu- Republicans Attempt to Hold Holder in Con-
tempt is Uphill Battle, Washington Post (June torney General, Department of Justice, to
ments obtained and interviews conducted by
20, 2012) (describing the contemptible an- Rep. Darrell E. Issa, Chairman, House Over-
the Committee demonstrate that
tics of the Committees contempt pro- sight and Government Reform (June 20,
gunwalking began in 2006, was used in three
ceedings); Sandra Hernandez, Partisan Politics 2012).
operations during the Bush Administration, 36 Letter from Eric H. Holder, Jr., Attorney
and was a misguided tactic utilized by the Plague Probe of Fast and Furious, Los Ange-
les Times (Issas demand loses some of its General, Department of Justice, to Barack
ATF field division in Phoenix.59 H. Obama, President (June 19, 2012) (quoting
credibility and lapses into political theater
NOTES Letter from Rep. Darrell E. Issa, Chairman,
when he threatens Atty. Gen. Eric H. Holder
1 Letter from Rep. Elijah E. Cummings, Jr. with criminal contempt for failing to co- House Committee on Oversight and Govern-
Ranking Member, House Committee on Over- operate) (Mar. 29, 2012). ment Reform, to Eric H. Holder, Jr., Attor-
sight and Government Reform, to Rep. Dar- 16 The White House, Statement by the Presi- ney General, Department of Justice (June 13,
rell E. Issa, Chairman, House Committee on dent Upon Signing the Omnibus Crime Control 2012)).
Oversight and Government Reform (Oct. 28, 37 Fast and Furious: How President Obama
and Safe Streets Act of 1968 (June 19, 1968); 18
2011). U.S.C. 2511(4)(a) (providing that violators and John Boehner Got to the Brink, Politico
2 House Committee on Oversight and Gov-
shall be fined under this title or imprisoned (June 22, 2012) (quoting Speaker John A.
ernment Reform, Transcribed Interview of not more than five years, or both); 18 U.S.C. Boehner as stating that the decision to in-
Kenneth E. Melson (July 4, 2011). 2511(1)(e) (covering any person who inten- voke executive privilege is an admission that
rfrederick on DSK6SPTVN1PROD with HOUSE
3 House Committee on Oversight and Gov- White House officials were involved in deci-
tionally discloses, or endeavors to disclose,
ernment Reform, Report of the Committee on to any other person the contents of any wire, sions that misled the Congress and have cov-
Oversight and Government Reform on Resolu- oral, or electronic communication, inter- ered up the truth); House Committee on
tion Recommending that the House of Rep- cepted by means authorized under this Oversight and Government Reform, Business
resentatives Find Eric H. Holder, Jr., Attorney chapter). Meeting (June 20, 2012) (quoting Rep. James
General, U.S. Department of Justice, in Con- 17 18 U.S.C. 2518(1), 2518(8). Lankford as stating we werent even aware
tempt of Congress for Refusal to Comply with a 18 Sumner Courts Act, Pub. L. No. 76675, 54 that the President was engaged in the delib-
Subpoena Duly Issued by the Committee on Stat. 688 (1940). erations and Rep. Jason E. Chaffetz stating
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H4306 CONGRESSIONAL RECORD HOUSE June 28, 2012
that the assertion means that the President Henry A. Waxman, Hearing on the Johnson form, Transcribed Interview of Dennis K.
somehow was personally involved). and Dudley Contempt of Congress Resolutions, Burke (Aug. 18, 2011).
38 Letter from Eric H. Holder, Jr., Attorney
110th Cong. (June 20, 2008). 54 Hannity, Fox News (Dec. 8. 2011) (online
General, Department of Justice, to Barack 44 House Committee on Energy and Com-
at http://video.foxnews.com/v/1317212270001/
H. Obama, President (June 19, 2012) (quoting merce, Congressional Proceedings Against Inte- holder-on-the-hot-seat-over-fast--furious).
Letter from Rep. Darrell E. Issa, Chairman, rior Secretary James G. Watt for Withholding 55 The Rush Limbaugh Show (June 20, 2011)
House Committee on Oversight and Govern- Subpoenaed Documents And For Failure to An- (online at www.rushlimbaugh.com/ daily/2011/
ment Reform, to Eric H. Holder, Jr., Attor- swer Questions Relating to Reciprocity Under 06/20/onlthel cuttingledgelwelcoveredl
ney General, Department of Justice (June 13, the Mineral Lands Leasing Act, 97th Cong. thel fastlandlfuriouslstorylinlmarch).
2012)). (Sept. 30, 1982) (H. Rept. 97898). 56 OReilly Factor, Fox News (Apr. 16, 2012)
39 Letter from Eric H. Holder, Jr., Attorney 45 Id.
General, Department of Justice, to Barack 46 Face the Nation, CBS News (Oct. 16, 2011) (online at www.foxnews.com/on-air/oreilly/
H. Obama, President (June 19, 2012) (quoting (online at www.cbsnews.com/stories/2011/10/ 2012/04/17/will-fast-and-furious-hurt-obamas-
Letter from Michael B. Mukasey, Attorney 16/ftn/main20121072.shtml). re-election-chances).
47 Justice 57 American Newsroom, Fox News (Mar. 12,
General, Department of Justice, to George Department Accuses Issa of
W. Bush, President (June 19, 2008); Letter Mischaracterizing Evidence in Probe of Oper- 2012) (online at http://video.foxnews.com/v/
from Paul D. Clement, Solicitor General and ation Fast and Furious, Fox News (Oct. 17, 1502683781001/tea-party-turning-up-the-heat-
Acting Attorney General, Department of 2011) (online at www.foxnews.com/politics/ on-fast--furious).
Justice, to George W. Bush, President (June 2011/10/17/justice-department-accuses-issa- 58 Hannity, Fox News (June 15, 2012) (online
27, 2007); Letter from John D. Ashcroft, At- ischaracterizing-evidence-in-probe- at http://video.foxnews.com /v/1691933147001).
torney General, Department of Justice, to operation/ #ixzz1xiMQtvoh). 59 Minority Staff, House Committee on Over-
48 House Committee on Oversight and Gov-
George W. Bush, President (Dec. 10, 2001); 23 sight and Government Reform, Fatally Flawed:
Op. Off. Legal Counsel 1, 12 (1999) (opinion of ernment Reform, Hearing on Operation Fast Five Years of Gunwalking in Arizona (Jan.
Attorney General Janet W. Reno); 5 Op. Off. and Furious: Management Failures at the De- 2011) (online at http://democrats.oversight.
Legal Counsel 27,2931 (1981) (opinion of At- partment of Justice (Feb. 2, 2012). house.gov/images/stories/minoritylreportl
49 Face the Nation, CBS News (Oct. 16, 2011)
torney General William French Smith)). 13112.pdf)
40 Letter from Eric H. Holder, Jr., Attorney (online at www.cbsnews.com/stories/ 2011/10/
General, Department of Justice, to Barack 16/ftn/main20121072.shtml). ELIJAH E. CUMMINGS.
H. Obama, President (June 19, 2012) (citing 50 Id. CAROLYN B. MALONEY.
United States v. Nixon, 418 U.S. 683, 705 (1974)). 51 Minority Staff, House Committee on WM. LACY CLAY.
41 House Committee on Oversight and Gov- Oversight and Government Reform, Fatally ELEANOR HOLMES-NORTON.
ernment Reform, Statement of Chairman Flawed: Five Years of Gunwalking in Arizona DANNY K. DAVIS.
Darrell E. Issa, Business Meeting (June 20, (Jan. 2012) (online at http://democrats. over- JOHN F. TIERNEY.
2012). sight.house.gov/index.php?option=coml STEPHEN F. LYNCH.
42 House Committee on Oversight and Gov- content&task=view&id=5575&Itemid=104). CHRISTOPHER MURPHY.
ernment Reform, Report Regarding President 52 The Roger Hedgecock Show (Nov. 21, MIKE QUIGLEY.
Bushs Assertion of Executive Privilege in Re- 2011) (online at www.youtube.com/ DENNIS J. KUCINICH.
sponse to the Committee Subpoena to Attorney watch?v=pGYUxuBNxk0). EDOLPHUS TOWNS.
53 House Committee on Oversight and Gov- GERALD E. CONNOLLY.
General Michael B. Mukasey, 110th Cong.
(2008). ernment Reform, Transcribed Interview of PETER WELCH.
43 House Committee on Oversight and Gov- Kenneth E. Melson (July 4, 2011); House Com- JOHN YARMUTH.
ernment Reform, Statement of Chairman mittee on Oversight and Government Re- JACKIE SPEIER.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4307
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4309
tl,\i=iH Ll [ IS~)'\, C"'U.F(m~JI;~
nIM~I~~1~;j.,~
ONE HUNDRED TWELFTH CONGRESS
~).W'l~fliG,'
SI,'::"H
On December 1!), 2010, Brian Terry, an Agent in an elite Custom'> and Border Protection
tactical unit, was killed in a gunfight 18 miles from the Mexican border. Two AK-47 variant
assault rifles found at the scene were traced back to purchases by one of the targets of an
investigation called Operation Fast and Furious being conducted by the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF). When he purchased these weapons, the target had
already been identified as a suspected straw purchaser involved with a large network of firearms
traffickers illegally smuggling guns to deadly Mexican drug cartels. Despite knmvjng about
hundreds of similar purchases over a year-long period, ATF interdicted only a small number of
firearms and delayed making arrests.
l.ast June, I pledged to Agent Terry's family that I would try to find out what led to this
operation that allowed hundreds of firearms to be released into comm1..mities on both sides of the
border. Following the Committee's year-long investigation of this matter, I directed my staff to
compile this report to provide some of those answers. 1 instructed them to focus on the facts we
have discovered rather than the heated and sometimes inaccurate rhetoric that has characterized
much of this investigation.
As a result, this report tells the story of how misguided gunwalking operations originated
in 2006 as ATF's Phoenix Field Division devised a strategy to forgo prosecutions against low-
level straw purchasers while they attempted to build bigger charges against higher-level cartel
members. Unfortunately, this strategy failed to include sufficient operational controls to stop
these dang,,,mus weapons from getting into the hands of violent criminals, creating a danger to
public safety on both sides of the border.
The report describes hmv, rather than halting this operation after its flaws became evident,
AI1"s Phoenix Fi('ld Division launched several similarly reckless operations over the course of
several years, also 'with tragic results. Operation Fast and furious \\ias the fourth in a series of
operations in "vhich gunwalking----the non--interdiction of illegally purchased firearms that could
and should be seized by law crtforcemcnt-occurred since 2006.
This report also details complaints by ATF line agents and senior officials in -Washington,
who told the Committee that these failures were aggravated and compounded by the Arizona
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H4310 CONGRESSIONAL RECORD HOUSE June 28, 2012
u.s. Attorney's Office, which failed to aggressively prosecute firearms trafficking cases, and
Federal courts in Arizona, which showed leniency toward the trafficking networks that fuel armed
violence in Mexico.
Although this report provides a great amount of detail about what we have learned to date,
it has several shortcomings. 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 , ...'eapons 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 ",Thy 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.
As its title indicatt:!s, the Committee on Oversight and Government Reform has two
primary missions. Not only are we charged with conducting oversight of programs to root out
waste, fraud, and abuse, but we are also responsible for reforming these programs to ensure that
government works more effectively and efficiently for the American people. For these reasons,
this report sets forth constructive recommendations intended to address specific problems
identified during the course of this investigation.
Above all, in offering this report and these recommendations, I recognize and commend the
contributions of hundreds of thousands of law enforcement agents across our government who
risk their lives on a daily basis in the pursuit of public safety and in defense of this nation.
Sincerely,
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4311
CON'I'BNTS
I. EXECUTIVE SUMMARy .............................................................................. t
II. METHODOLOGY ........................................................................................... 7
III. BACKGROUND............................................................................................ 10
IV. FINDINGS ......................................................................................................... 15
A. ATF PHOENIX FIELD OPERATIONS INVOLVING
1JGUNWALKING" ................................................................................................ 15
1. Operation Wide Receiver (2006~07) ......................................................... 15
ATF-Phoenix monitored gun dealer selling to straw buyers ............................................ 16
ATF-Phoenix sought U.S. Attorney's approval to walk guns ........................................... 17
ATF-Phoenix continued to walk guns after consulting with U.S. Attorney ....................... 19
ATF agents unsuccessfully attempted to coordinate with Mexico ................................... 20
ATF agents expressed concern about gunwalking .......................................................... 22
Criminal Division took over prosecution and found gun walking ................................... 23
2. The Hernandez Case (2007) ......................................................................... 24
ATF-Phoenix watched guns cross border without interdiction ........................................ 24
ATF headquarters raised concerns about operational safeguards .................................... 25
Attorney General Mukasey briefed and asked to "expand" operations ............................ 26
3. The Medrano Case (2008) ........................................................................... 29
ATF agents watched as firearms crossed the border ........................................................ 29
ICE agents raised concerns .......................................................................................... 30
Criminal complaint also confirms "gunwalking" ........................................................... 31
4. Operation Fast and Furious (2009-10) ..................................................... 32
Initiated by ATF-Phoenix in the Fall of 2009 ................................................................. 33
Prosecutors claimed no probable cause to arrest straw buyers ........................................ 34
Prosecutor encouraged U.S. Attorney to "hold out for bigger" case ................................. 36
ATF-Phoenix sought funding and wiretaps to target higher-level suspects ...................... 38
ATF-Phoenix agents watched guns walk ....................................................................... 39
ATF Deputy Director Hoover ordered an "exit strategy" ................................................. 40
ATF-Phoenix did not follow the 90-day exit strategy and continued the operation ............ 41
Indictments delayed for months ................................................................................... 43
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H4312 CONGRESSIONAL RECORD HOUSE June 28, 2012
v. RECOMMENDATIONS ............................................................................. 71
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4313
I. EXECUTIVE SUMMARY
On December 15, 2010, Customs and Border Protection Agent Brian Terry
'vas killed in a gunfight in Arizona, and two AK-47 variant assault rifles found at
the scene were traced back to purchases by one of the targets of an investigation
called Operation Fast and Furious being conducted by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF). The target already had been identified as
a suspected straw purchaser involved with a large network of firearms traffickers
smuggling guns to deadly Mexican drug cartels.
Paul Charlton, then the U.S. Attorney in Phoenix, was informed that
firearms were currently being released into the community," and he was asked
f!
-1-
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H4314 CONGRESSIONAL RECORD HOUSE June 28, 2012
Over the next year, ATF agents in Phoenix went forward with plans to
observe or facilitate hundreds of suspected straw firearm purchases. In 2007, a year
after the investigation began, ATF initiated attempts to coordinate with Mexican
officials. After numerous attempts at cross-border interdiction failed, however, the
lead ATF case agent for Operation Wide Receiver concluded: "We have reached that
stage where I am no longer comfortable allowing additional firearms to 'walk'."
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4315
single smuggler." The briefing paper also warned, however, that "the first attempts
at this controlled delivery have not been successful." Ten days later, ATF agents
planned another operation in coordination with Mexico, again without success.
Hemandez and his co-conspirators, who had purchased more than 200
firearms, were arrested in Nogales, Arizona on November 27,2007, while attempting
to cross the border into Mexico. They were brought to trial in 2009, but acquitted
after prosecutors were unable to obtain the cooperation of the Mexican law
enforcement officials who had recovered the firearms.
-3-
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H4316 CONGRESSIONAL RECORD HOUSE June 28, 2012
Despite this evidence, the ATF agents and the lead prosecutor in the case
believed they did not have probable cause to arrest any of the straw purchasers. As
the lead prosecutor wrote: "We have reviewed the available evidence thus far and
agree that we do not have any chargeable offenses against any of the players."
Tn January 2010, ATF agents and the US. Attorney's Office agreed on a
strategy to build a bigger case and to forgo taking down individual members of the
straw purchaser network. The lead prosecutor presented this broader approach in
a memo that was sent to US. Attorney Dennis Burke. The memo noted that "there
may be pressure from ATF headquarters to immediately contact identifiable straw
purchasers just to see if this develops any indictable cases and to stem the flow of
guns./I In the absence of probable cause, however, the US. Attorney agreed that
they should "[h]old out for bigger." Over the next six months, agents tried to build a
bigger case with wiretaps while making no arrests and few interdictions.
After receiving a briefing on Operation Fast and Furious in March 2010, ATF
Deputy Director William Hoover became concerned about the number of firearms
involved in the case. Although he told Committee staff that he was not aware of
gunwalking, he ordered an "exit strategy" to take down the case and ready it for
indictment within 90 days. ATF field agents chafed against this directive, however,
and continued to facilitate suspect purchases for months in an effort to salvage the
broader goal of the investigation. The case was not indicted until January 2011, ten
months after Deputy Director Hoover directed that it be shut down.
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,
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4317
because they did not know about the use of gunwalking in Operation I~ast and
Furious, they never raised it up the chain of command to senior Justice Department
officials.
Apart from whether Mr. Hoover was aware of specific gunwalking allegations
in Operation Fast and Furious, it remains unclear why he failed to inform Acting
ATF Director Melson or senior Justice Department officials about his more general
concerns about Operation Fast and Furious or his March 2010 directive for an "exit
strategy." During his interview with Committee staff, Mr. Hoover took substantial
personal responsibility for ATF's actions, stating: "I have to take responsibility for
the mistakes that we made."
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. Given the number of weapons
involved in the operation, Mr. Burke stated that he "should have spent more time"
focusing on the case. He stated: "it should not have been done the way it was done,
and J want to take responsibility for that./I
Gary Grindler, the former Acting Deputy Attomey General, and Lanny
Breuer, the Assistant Attorney General for the Criminal Division, both stated that
neither ATF nor the US. Attorney's Office ever brought to their attention concems
about gunwalking in Operation Fast and Furious, and that, if they had been told,
they "would have stopped it."
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 vl'itnesses 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.
-5-
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H4318 CONGRESSIONAL RECORD HOUSE June 28, 2012
This operation was flawed in its concept and flawed in its execution,
and unfortunately we will feel the effects for years to come as guns that
were lost during this operation continue to show up at crime scenes
both here and in Mexico. This should never have happened and it
must never happen again.
Nevertheless, based on the evidence before the Committee, it is clear that ATF
agents in Phoenix and prosecutors in the Arizona U.s. Attorney's Office embarked
on a deliberate strategy not to arrest suspected straw purchasers while they
attempted to make larger cases against higher-level targets. Although these officials
claimed they had no probable cause to arrest any straw purchasers at the time,
allowing hundreds of illegally purchased military-grade assault weapons to fall into
the hands of violent drug cartels over the course of five years created an obvjous and
inexcusable threat to public safety on both sides of the border.
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-6-
Insert graphic folio 193 EH28JN12.123
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4319
II. MBTHODOLOGY
Over the past year, the Committee has conducted an investigation into
firearms trafficking investigations run by the Phoenix Field Division of the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF). This inquiry was originally
brought to the Committee's attention by Senator Charles Grassley, the Ranking
Member of the Senate Judiciary Committee, who had asked ATF to respond to
allegations that agents had knowingly allowed the sale of firearms to suspected
straw purchasers during Operation Fast and Furious. The Committee has been
joined in its investigation by Majority and Minority staff of the Senate Judiciary
Committee.
To date, there have been nine congressional hearings relating to these topics,
including three before this Committee. Attorney General Eric Holder has agreed
to testify before the Committee on February 2,2011. He has testified previously on
five other occasions regarding these issues, including before the Senate and House
Judiciary Committees in November and December 2011, respectively.
Committee staff have interviewed 22 witnesses from the ATF Phoenix Field
Division, the U.S. Attorney's Office for the District of Arizona, ATF headquarters,
and the Department of Justice. Committee staff have also interviewed multiple
Federal firearms dealers. The Department has made numerous officials available
for briefings, transcribed intervie\vs, and hearings, including the former Deputy
Attorney General, the Assistant Attorney General for the Criminal Division, the
Deputy Assistant Attorney General for the Criminal Division, and the U.s. Attorney
for the District of Arizona. The Department has also organized briefings during the
course of the investigation, including with senior leaders from the Federal Bureau of
Investigation (FBI) and Drug Enforcement Agency (DEA).
In March 2011, the Committee sent letters to ATF and the Department of
Justice requesting documents and communications. Committee Chairman Darrell
Issa subsequently issued subpoenas for these documents in March and October
2011. and he has issued numerous document requests to other agencies, including
the FBI and DEA.
The Committee has now obtained more than 12,000 pages of internal emails,
reports, briefing papers, and other documents from various Federal agencies,
whistleblowers, firearms dealers, and other parties. The Department of Justice has
produced approximately 6,000 pages of documents to the Committee, including
sensitive law enforcement materials related to the pending prosecution of the
defendants in the underlying Fast and Furious case.
-7-
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H4320 CONGRESSIONAL RECORD HOUSE June 28, 2012
The letter stated that the Department made an exception to this policy
and provided documents relating to the drafting of the February 4 letter because
Congress had unique equities in understanding how inaccurate information had
been relayed to it. 2
The Committee has not held a hearing with Mr. Mukasey, nor has it
conducted an interview with him, depriving the Committee of important
information directly relevant to the origin of these operations.
Since the Attorney General has now agreed to appear before Congress
in December, I believe Members also deserve an opportunity to
question Mr. Melson directly, especially since he headed the agency
responsible for Operation Fast and Furious."
-8-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4321
OUTGUNNED
Lim 1';0 [or('('H)('nt ,\g(lllts Will'lI "()ngr('ss 'l'lwy I,ack
A(iPqnat(l '!'nob to COllntl'l' Ilh'g,lI Fil'Nll'ms rpt'liffit'ltillg
-9-
Insert graphic folio 196 EH28JN12.126
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H4322 CONGRESSIONAL RECORD HOUSE June 28, 2012
Over the past five years, the Mexican government has been locked in a battle
with dmg trafficking organizations seeking control of lucrative trafficking routes
that carry billions of dollars in narcotics destined for the United States. This battle is
fueled in part by the tens of thousands of military-grade ,"vcapons that cross the U.S.
horder intn Mexico every year. In particular, law enforcement officials have reported
that the "weapons of choice" for international drug cartels arc semiautomatic
rifles and other assault weapons. These weapons are frequently purchased in the
United States because they are generally illegal to purchase or possess in Mexico.7
According to the latest statistics from the Mexican Attorney General's office, 47,515
people have been killed in drug-related violence since 2006. 3
These statistics are consistent with reports from the Mexican government.
In May 2010, Mexican President Felipe Calderon stated before a joint session of
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;'-,.~'MtN [':i.JtL'1.f !"'IrI,'if~I:l dlm<. ]'W{Jj, J\',o!t) , F\ ,'. n~'~:l:I1'~i3I: Cy'W.'--... k:Lid'at -'fi:1f.
-10-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4323
Congress that, of the 75,000 guns and assault weapons recovered in Mexico over the
past three years, more than 80% were traced back to the United States.lO
ATF is the primary U.S. law enforcement agency charged with combating
firearms trafficking from the United States to Mexico. ATF enforces Federal firearms
laws and regulates the sale of guns by the firearms industry under the Gun Control
Act of 1968. 11 ATF reports to the Attorney General through the Office of the Deputy
Attorney General. 12 ATF is organized into 25 Field Divisions led by Special Agents
in Charge who arc responsible for multiple offices within their jurisdiction. 1J In
Phoenix, the Special Agent in Charge is currently responsible for offices in Phoenix,
Flagstaff, Tucson, and Yuma, Arizona, as well as Albuquerque, Las Cruces, and
Roswell, New Mexico. H
The U.s. Attorney for the District of Arizona is the chief Federal law
enforcement officer in the Slate of Arizona. The District of Arizona has
approximately 170 Assistant United States Attorneys and approximately 140 support
staff members split equally between offices in Phoenix and Tucson. 15 As part of its
responsibilities, the U.s Attorney's Office has primary responsibility for prosecuting
criminal cases against individuals who violate Federal firearms trafficking laws in its
region, 16
In June 2007, ATF published a strategy document outlining the four key
components to Project Gunrunner: the expansion of gun tracing in Mexico,
international coordination, domestic activities, and intelligence. In implementing
Project Gunrunner, ATF has focused resources on the four Southwest Border States.
Additionally, Attorney General Holder has testified that, since his confirmation in
2009, the Department of Justice has made combating firearms trafficking to Mexico a
top priority.21
-11-
Insert graphic folio 198 EH28JN12.128
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H4324 CONGRESSIONAL RECORD HOUSE June 28, 2012
that "ATF's focus remains largely on inspections of gun dealers and investigations of
straw purchasers rather than on higher-level traffickers, smugglers, and the ultimate
recipients of the trafficked guns." The report recommended that ATF N[fJocus on
developing more complex conspiracy cases against higher level gun traffickers and
gun trafficking conspirators." The report also found that U.s. Attorneys' offices
often declined Project Gunrunner cases because firearms investigations are often
difficult to prosecute and result in 100ver penalties,22
-12-
Insert graphic folio 199 EH28JN12.129
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4325
Kenneth Melson
HQ Acting Director
I
William Hoover
Deputy Director
I
Mark Chait
OFFICE OF STRATEGIC
Assistant Director
INTELLIGENCE AND
for Field Operations
INFORMATION (OSII)
I
William McMahon
Deputy Assistant Director
Chief of
for Field Operations
International Affairs
-- - _.
I
------_ ......... ~ - - RaW __ ___ __ ... -= _ _ _
Phoenix I
I
Mexico
I
William Newell I
I Attache to
Special Agent in Charge
I Mexico
I
I
L _______________
Assistant Special
Agents in Charge
[ Group Supervisor J
I
Group VII
I I I I
l Special Agent
l Special Agent Special Agent Special Agent )
-13-
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H4326 CONGRESSIONAL RECORD HOUSE June 28, 2012
Eric Holder
Attorney General
I
Gary Grindler
Deputy Attorney General
I
I I
'" "
93 u.s. CRIMINAL
ATF ~
I I
Dennis Burke Lanny Breuer
DEA ~
u.s. AttorneYI Assistant Attorney
District of Arizona General
I T
Patrick Jason Weinstein
FBI - Cunningham Deputy Assistant
Criminal Chief Attorney General
I I
Section Heads Section Chiefs
I I
l Line Attorneys ] J Line Attorneys I
-14-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4327
Operation Wide Receiver began in early 2006 when ATF agents in Tucson
opened an investigation of d suspected straw purch<lscr after receiving information
from a cooperating gun dealer. Documents indicate that agents worked closely with
this dealer, including by contemporaneously monitoring firearms sales to known
stravv purchasers VIlithout arrests or interdiction, and that they sought authorization
for the expansion of this operation from thcn~U.s. Attorney for the District of
Arizona, Paul Charlton.
The evidence also indicates that, behveen March 2006 and mid-2007, ATF
agents had contemporaneous kno"vledge of planned sales of firearms to known
straw purchasers and repeatedly deSigned surveillance operations of these illegal
firearms purchJSCS without effectuating arrests. According to documents obtained
by the Committee, agents avoided interdicting \veapons despite having thE.' legal
<luthority to do so in order to build a bigger case. Despite repeated failed attempts
to coordinate surveillance with Mexican law enforcement, the ATF agents continued
to attempt these operafions.
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H4328 CONGRESSIONAL RECORD HOUSE June 28, 2012
Although the operational phase of the investigation ended in 2007, the case
was not prosecuted for more than hvo years, during which time no arrests were
made and the known straw purchasers remained at large. A prosecutor from the
Criminal Division of the Department of Justice who was assigned to Operation Wide
Receiver in 2009 and reviewed the case file raised concems that many guns had
"walked" to Mexico.
Some military-style firearms consist of an upper and lower receiver, with the
lower receiver housing the trigger mechanism, and the upper receiver including
the barrel of the firearm. According to a memorandum from the U.S. Attorney's
Office, ATF had information that the suspects were obtaining both receivers and
assembling them to create illegal firearms.28 The firearms were illegal because the
barrels were 10.5 inches in length, and rifles with barrels shorter than 16 inches must
be registered and licensed with ATF.29
ATF agents learned that the suspected straw purchasers were seeking a new
supplier of upper receivers;
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-16-
Insert graphic folio 203 EH28JN12.133
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4329
The purchasers have asked the FFL to provide the uppers to them as
well, indicating that they are not pleased with their current source
for the uppers. The FFL has expressed reluctance to the purchasers
regarding selling them both the lowers and the 10.5 inch uppers, as
that would look very suspicious as if he was actually providing them
with an illegal firearm. The purchasers are well aware that it is illegal
to place a 10.5 inch upper on the lowers they are purchasing from the
FFL. The FFL has indicated that he could try to find another 3rd party
source of uppers for the purchasers. 33
Despite evidence that the suspects illegally possessed both upper and lower
receivers, \-'.Tere assembling them, and were transporting them to Mexico, ATF
did not arrest the suspects. On March 31, 2006, the Resident Agent in Charge of
the Tucson office-a local office that reports to the Special Agent in Charge of the
Phoenix Field Division - wrote an email explaining that they had enough evidence
to arrest the suspects, but that they were waiting to build a bigger case. He wrote:
We have two AUSA assigned to this matter, and the USAO @ Tucson
is prepared to issue Search and Arrest Warrants. We already have
enough for the 371 and 922 a6 charges, but we want the Title II
manufacturing and distribution pieces also - we want it alp5
The evidence indicates that, rather than arrest the straw buyers, the ATF
Phoenix Field Division sought the approval of the U.s. Attorney's Office to let the
guns walk in June 2006. The prosecutors handling the case wrote a memorandum to
Paul Charlton, U.S. Attorney for the District of Arizona, which outlined the request.
They wrote:
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H4330 CONGRESSIONAL RECORD HOUSE June 28, 2012
ATF-Phocnix and the Arizona U.S. Attorney's Office both understood that
ATF was already letting firearms walk by working with a cooperating FFL to provide
"lower receivers" to straw purchasers trafficking them to Mexico. According to the
prosecutors' memorandum to U.s. Attorney CharIton:
[The ATF AgentJ pOinted out that these same exact firearms are
currently being released into the community, the only difference being
that at this time ATF is only involved in providing the lower receiver.
We know that an illegal upper is being obtained from a third party, but
the government is not currently involved in that aspect. 37
The memo further stated that the proposed tactics were controversial and
opposed by ATF's legal counsel:
When the Chief of the Criminal Division in the u.s. Attorney's Office sent the
prosecutor's memo to U.S. Attorney Charlton, she accompanied it with an email in
,"vhkh she stated that it "does a very good job outlining the investigation and the
potential concerns. This is obviously a call that needs to be made by you PauI."39
u.s. Attorney Charlton responded the next day: "Thanks-I'm meeting with the
ATF SAC [Special Agent in Charge William Newell] on Tuesday and I'll discuss it
with him thcn,"40
-18-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4331
the suspected straw purchasers .vithout arresls. Committee staff did not conduct a
transcribed interview of ~\i1r. Charlton.
Documents indicate that ArF agents observed the suspect purchase five
AR-15 lower receivers and terminated surveillance after three hours. 43 l'\otes taken
after the investigation explained that the surveillance included audio recordings of
the suspect stating that he "is now personally transporting the firearms to Tijuana,
l\.rIexico himself.'!4t
On December .13 2006, Special Agent in Charge Ne,vell wrote that another key
1
suspect in the Wide Receiver investigation had recently "purchased a total of ten (10)
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H4332 CONGRESSIONAL RECORD HOUSE June 28, 2012
AR-15 type lower receivers on two separate purchases."45 He also wrote that, during
those transactions, the suspect told the confidential source that he was taking the
firearms to Mexico and would soon be ordering an additional 50 lower receivers. 46
Special Agent in Charge Newell wrote that the Tucson field office was planning to
secure the cooperation of Mexican authorities:
The Tucson II Field Office has maintained contact with the ATF Mexico
City Country Office in an effort to secure the cooperation and join
investigation with the Agenda Federal de Investigacion (Mexico).
Three Tucson II FicId Office SA have obtained official U.s, Government
passports in anticipation of a coordination meeting willi the AFT early
during calendar year 2007Y
The documents indicate that, although ATF had sufficient evidence to arrest
the suspected straw purchasers, the agents continued to press forward with plans
to attempt coordinated surveillance operations with Mexico. In April 2007, the
ATF agents in charge of Operation Wide Receiver were unsure whether they could
successfully coordinate surveillance vlfith their Mexican counterparts, On April 10,
2007, the case agent for Wide Receiver wrote to a Tucson Police Department (TPD)
officer:
Assuming that the MeO [ATF's Mexico Country Office] can coordinate
with the Mexican authorities, we anticipate that Tucson VCIT will
hand off his surveillance operation at the US. / Mexican border.
No ATF SA or local officers \vnrking at our direction wiII travel
into Mexico. Through MCO we have requested that the Mexican
authorities pick up the surveillance at the border and work to identify
persons, telephone numbers, "stash" locations and source(s) of money
supply in furtherance of this conspiracy.5?
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20
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4333
According to an ATF Operational Plan, just one day later, ATF agent.s and
Tucson Police officers conducted surveillance and recorded the "planned arrival
of [the suspect} and other persons at the FFL."53 The Operational Plan stated
that U.S. law enforcement would watch the "firearms cross intemationallines
and enter Mexico, ... If the Mexican authorities decline or fail to participate in
this operation the firearms traffickers will be arrested prior to leaving the United
States."S4 Although the agents obtained an electronic record of the sale and initiated
surveillance, the plan failed according to a summary prepared by one agent:
Despite the surveillance of the straw purchase and other evidence collected
during the April 1t 2007, operation, the suspects were not arrested even after they
were later located. Instead, more operations were planned.
An April 23, 2007, memo from Special Agent in Charge Newell to the Chief
of Special Operations requesting additional funding for Operation Wide Receiver
documented the failure to coordinate surveillance with Mexican law enforcement
and public safety risks associated with continuing on that course:
To date, the Tucson II Field Office and TPD SID have been unable
to surveil the firearms to the International border. From contact
with those offices, the Mexican Federal law enforcement authorities
understand that the surveillance is difficult and that several firearms
will likely make it to Mexico prior to a u.s. law enforcement successful
surveillance of firearms to the international border.56
Two weeks later, on May 71 2007, ATF agents and Tucson Police conducted
surveillance of another "planned arrival" of a suspected straw purchaser and his
associates at an FFLY The Operational Plan shows that ATF agents had advance
notice that the suspect had contacted the FFL to arrange the purchase of more than
20 firearms, planned to purchase the firearms from the FFL later in the day, and
had made arrangements for a vehicle to transport the weapons into Mexico that
night.58 The Operational Plan indicated that "li]f the Mexican authorities decline
or fail to participate, the firearms traffickers wiII be arrested prior to leaving the
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H4334 CONGRESSIONAL RECORD HOUSE June 28, 2012
United States:'5') ATF agents contacted Mexican law enforcement in advance of the
operation and they agreed to assist with surveillance of the suspects if they entered
Mexico. 60 According to a subsequent summary of these events:
The suspects were not arrested, the firearms were not interdicted, and the
investigation continued in anticipation of the suspects' next major purchase.
In an email sent on June 26, 2007, as the surveillance operation was set to
begin, the ATF case agent for Operation Wide Receiver expressed reluctance about
the repeated failures to coordinate surveillance of firearms traffickers ,vith Mexican
lawenforcement. 66 He wrote to a prosecutor at the Texas U.S. Attorney's Office:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4335
After reviewing the investigative files from 2006 and 2007, the Criminal
Division prosecutor quickly realized that there were serious questions about how
the case had been handled. On September 23, 2009, she wrote an email to her
supervisors giving a synopsis of the case and its problems: "In short it appears that
the biggest problem with the case is its [sic] old should have been taken down last
year AND a lot of guns seem to have gone to Mexico."72
As she prepared the case for indictment, she continued to update her
supervisors as new details emerged from the case file. On March 16, 2010, she sent
an email to her supervisor:
The prosecutor also found evidence that guns involved in Operation Wide
Receiver were connected to crime scenes in Mexico. She wrote that "13 of the
purchased firearms have been recovered in Mexico in connection with crime scenes,
including the April 2008 Tijuana gun battle" and that U[t]wo potential defendants
were recently murdered in Mexico."74
-23-
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H4336 CONGRESSIONAL RECORD HOUSE June 28, 2012
'The
According to documents obtained by the Committee, agents in the ATF
Phoenix Field Division unsuccessfully attempted a second operation in the summer
of 2007 after identifying Fidel Hernandez and several alleged co-conspirators as
suspected straw purchasers seeking to smuggle firearms into Mexico. Despite failed
attempts to coordinate with Mexican authorities, ATF agents sought approval from
the U.s. Attorney's Office to expand so-called "controlled deliveries./I In addition,
documents obtained by the Committee indicate that then-Attorney General Michael
Mukasey \vas personally briefed on these failed attempls and was asked to approve
an expansion of these lactics. During the course of the inve::>tigation, liemandez and
his co-conspirators reportedly purchased more than 200 firearms.
-24-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4337
ATF agents observed this vehicle commit to the border and reach the
Mexican side until it could no longer be seen, We, the ATf MCa did
not get a response from the Mexican side until 20 minutes later, who
then informed us that they did not see the vehicle cross,81
That same day, Assistant Director Hoover sent an email to Assistant Director
Carroll and ATF-Phoenix Field Division Special Agent in Charge William Newell
demanding a call to discuss the investigation:
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H4338 CONGRESSIONAL RECORD HOUSE June 28, 2012
The next day, Assistant Director Hoover wrote Mr. Carroll again:
I'm so frustrated with this whole mess 1'm shutting the case down and
any further attempts to do something similar. We're done trying to
pursue new and innovative initiatives-it's not worth the hassle. 85
Nevertheless, Mr. Newell insisted that he did have approval from the U.s.
Attorney's Office. He wrote:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4339
with Mexican Attorney General Medina Mora. The memo described the Hernandez
case as "the first ever attempt to have a controlled delivery of weapons being
smuggled into Mexico by a major arms trafficker."B9 The briefing paper warned
the Attorney General that "the first attempts at this controlled delivery have not
been succcssful."90 Despite these failures, the memorandum sought to expand such
operations in the future:
This briefing paper was prepared by senior officials at ATF and the
Department of Justice only weeks after Assistant Director Hoover had expressed
serious concerns with the failure of these tactics. 92
Ten days after Attorney General Mukasey was notified about the failed
surveillance operations and was asked to expand the use of the cross-border gun
operations, ATF agents planned another surveillance operation in coordination with
Mexico. The Operational Plan stated:
3) ATF agents will not be involved with the arrest of the subjects in
Mexico but will be present to coordinate the arrest efforts between
surveillance units and Mexican authorities as well as to conduct post-
arrest interviews.94
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H4340 CONGRESSIONAL RECORD HOUSE June 28, 2012
As part of this operation, surveillance units were monitoring the FFL during
normal business hours in order to observe large firearms transfers by their known
targets. 95
The Committee has not received any documents indicating that ATF-Phoenix
agents were able to successfully coordinate
\vith Mexican law enforcement to interdict
firearms in the Hernandez case. During
the course of the investigation, Hernandez
and his co-conspirators purchased more
than 200 firearms. In multiple instances,
ATF agents witnessed Hernandez and his
associates take these weapons into Mexico. 96
The judge also would not allow us to introduce evidence of how the
guns \vere found in Mexico unless we could produce the Mexican
Police Officials who located the guns. We were unable to obtain the
cooperation of Mexican law enforcement to identify and bring these
witnesses to trial to testify.~B
At the conclusion of the triaL the jury was unable to reach a verdict on three
counts of the indictment, and the defendants were acquitted on a fourth charge. 99
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-28-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4341
Hernandez
Agents observed both subjects place the firearms in the backseat and
trunk rof a vehicle 1. Agents and officers surveilled the vehicle to
Douglas, AZ where it crossed into Mexico at the Douglas Port of Entry
(POE) before a stop could be coordinated vvith CBP [Customs and
Border Protection ].100
Neither Medrano nor Ramos WdS arrested or detained at the lime or in the
months after. The Operational PLm does not include any indication that ATF agents
attempted to coordinate with Mexican law enforcement. 111e fact that the suspects
continued to make firearms purchases in the United States and take them to Mexico
suggests that they were not intercepted by Mexican law enforcement.
~29-
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H4342 CONGRESSIONAL RECORD HOUSE June 28, 2012
One of [the ICE} groups worked with your guys over the weekend on
a surveillance operation at a Tucson gun show. While we had both
met in advance with the USAO, our agents left that meeting with the
understanding that any weapons that were followed to the border
would be seized. On Friday night however, our agents got an op
plan that stated that weapons would be allowed to go into Mexico for
further surveillance by LEAs [law enforcement agentsl there.!il5
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4343
In his response, Mr. Newell acknowledged that letting guns cross the border
was part of ATP's plan, but stated that he needed more information about what had
happened:
Although the subsequent correspondence does not explain how this dispute
was resolved, the Medrano trafficking network reportedly supplied over 100
assault rifles and other weapons "to a member of the Sinaloan drug cartel known as
'Rambo.,u lD7
k'NttUi.iRlt 1.II'Ik!w1'mll!e1L!4~IM!I!Jl.mIM~16;z0C6..l!."'dccl1tlrnlfll!:!Ilfml:ah'l~
12 wlbQ\lI~ber!1,'-OO8,\;,.~')t;.bUl-QfAn2Ml!i:,1IrId-iJI:';r."~.A.~()llrW'tl"llll""
border. It states:
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H4344 CONGRESSIONAL RECORD HOUSE June 28, 2012
The complaint states that the information was obtained by ATF agents
conducting surveillance:
The complaint also describes how quickly Medrano and his associates
traveled back and forth between the United States and Mexico for additional firearm
purchases. For example, in one instance on May 2'1, 200R/ Hernan Ramos entered
the United States and returned to Mexico "less than two hours later in the same
vehicle." The complaint also states that in another instance on August 13, 2008,
Medrano and an associate entered the United States driving a vehicle vl,rhich had
1/
The investigation that b('cam(' known <lS Operation Fast and Furious began
in the ATF Phoenix Field Division in October 2009. Despite having identified 20
suspects who paid hundreds of thousands of dollars in cash to buy hundreds of
military-grade firearms on behalf of the same trafficking ring, ATF-Phoenix and
the Arizona U.s. Attorney's Office asserted that they lacked probable cause for any
arrests. Three months into the investigation, they agreed instead on a broader
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4345
strategy to build a bigger case against carlelleaders, rather than straw purchasers,
through long-term surveillance and wiretaps. While they pursued this broader
strategy; ATF-Phoenix agents did not interdict hundreds of firearms purchased and
distributed by the suspects under their surveillance. In March 2010, the Deputy
Director of ATF became concerned \\11th the operation and ordered an "exit" strategy
to bring indictments within 90 days. The documenls indicate that ATF-Phoenix field
agents chafed against this directivE', however, and allowed suspect purchases to
continue for months in an effort to salvage the broader goal of the investigation. In
January 2011, the U.S. Attorney's Office indicted 19 straw purchasers and the local
organizer of the network, all of whom had been identified at the beginning of the
investigation in 2U09.
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H4346 CONGRESSIONAL RECORD HOUSE June 28, 2012
The Briefing Paper stated that the investigation had identified more than 20
individual straw purchasers, all connected to the same trafficking ring, who "had
purchased in excess of 650 firearms (mainly AK-47 variants) for which they have
paid cash totaling more than $350,000.00"120
Similarly, the prosecutor wrote a memo to his direct supervisor, stating: "We
have reviewed the available evidence thus far and agree that we do not have any
chargeable offenses against any of the players."m
I don't think that agents in Fast and Furious were forgoing taking
action when probable cause existed. We consulted with the U.S.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4347
-35-
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H4348 CONGRESSIONAL RECORD HOUSE June 28, 2012
He stated that it was critical to identify the network rather than arresting
individual straw purchasers one-by-one:
The goal of the investigation, as I said before, was to identify the whole
network knowing that if we took off a group of straw purchasers this,
as is the case in hundreds of firearms trafficking investigations, some
that I personally worked as a case agent, you take off the low level
straw purchaser, all you're doing is one of - you're doing one of two
things, one of several things. You're alerting the actual string-puller
that you're on to them, one, and, two, all they are going to do is go out
and get more straw purchasers.
Our goal in this case is to go after the decision-maker, the person at the
head of the organization, knowing that if we remove that person, in the
sense of prosecute that person, successfully, hopefully, that we would
have much more impact than just going after the low-level straw
purchaser. 127
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4349
are easily replaced by new straw buyers and the flow of guns remains
unabated.12S
The lead prosecutor noted that ATF-Phoenix was aware that ATF
headquarters would likely object to both the strategy of trying to build a bigger case
and the proposal to forgo using traditional law enforcement tactics:
Later the same day, January 5, 2010, the lead prosecutor's supervisor
forwarded the memorandum to U.S. Attorney Dennis Burke, recommending that he
agree to both the strategy and tactics. The supervisor's email to Mr. Burke stated:
Dennis-Joe Lodge has been briefed on this but wanted to get you
a memo for your review. Bottom line - we have a promising guns
to Mexico case (some weapons already seized and accounted for),
local ATF is on board with our strategy but ATF headquarters may
want to do a smaller straw purchaser case. We should hold out for
the bigger case, try to get a wire, and if it fails, we can always do the
stra"v buyers. Emory's memo references that this is the "Naco, Mexico
seizure case" -you may have seen photos of that a few" months ago. 130
Mr. Burke responded two days later with a short message: "Hold out for
bigger. Let me know whenever and wI whomever I need to weigh-in."l31
Although Mr. Burke agreed with the proposal to target the organizers of the
firearms trafficking conspiracy, he told Committee staff that neither ATF-Phoenix
nor his subordinates suggested that agents would be letting guns walk as part of the
investigation. As discussed in Section C belmll, Mr. Burke stated in his transcribed
interview that he was under the impression that ATF-Phoenix was coordinating
interdictions with Mexican officials. Mr. Burke stated:
I was under the opposite impression, which was that based on his [Mr.
Newell's] contacts and the relationships 'Nith Mexico and what they
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H4350 CONGRESSIONAL RECORD HOUSE June 28, 2012
ATF-Phoenix's proposal for Operation "The Fast and the Furious" was
approved by an interagency group of Federal law enforcement officials in Arizona in
late January 201O.13B
[T]he belief was, at least in I think January 2010, was when they first,
my recollection is that they first started referencing the interest in
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4351
getting the [wiretap]. But the point being that they were going to try to
reach beyond just the straw purchasers and figure out who the actual
recruiters were and organizers of the gun trafficking ring. l4O
When asked about the number of firearms trafficked in a given week, one
agent answered:
Agents told the Committee that they became increasingly alarmed as ihis
practice continued, which they viewed as a departure from both protocol and their
expectations as law enforcement officials. One agent stated:
-39-
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H4352 CONGRESSIONAL RECORD HOUSE June 28, 2012
A: That's correct.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4353
Q: And you were worried, is it fair to say, that these guns were
possibly going to be getting away and getting into Mexico
and showing up at crime scenes?
Other than requesting an exit strategy, Mr. Hoover did not recall making any
other specific demands because he generally "allowed field operations to run that
investigation."146
ATF-Phoenix did not follow the 90-day exit strategy and continued
the operation
In April 2010, more than one month after Deputy Director Hoover's demand
for an exit strategy, ATF-Phocnix still had not provided it, and Special Agent in
Charge Newell expressed his frustration with perceived interference from ATF
headquarters that he believed could prevent him from making a larger case. In an
Apri127, 2010, email to Deputy Assistant Direclor McMahon, he wrote:
Although Mr. Newell delivered an exit strategy that day at Mr. McMahon's
reminder, the operation continued to grow and expand rather than wind down over
the months to follow. 148 In June 2010, three months after Deputy Director Hoover's
directive, the operational phase of the case was still continuing. On June 17,2010,
the ATF-Phoenix Group Supervisor received an email from a cooperating gun dealer
raising concerns about how the firearms he was selling could endanger public safety.
The dealer stated:
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H4354 CONGRESSIONAL RECORD HOUSE June 28, 2012
am looking for a bit of reassurance that the guns are not getting south
or in the wrong hands. I know it is an ongoing investigation so there
is limited information you can share with me. But as I said in our
meeting, I want to help ATF with its investigation but not at the risk of
agents safety because I have some very close friends that are US Border
Patrol agents in southern AZ as well as my concern for all the agents
safety that protect our counrry.149
A month later, on July 14, 2010, Special Agent in Charge Newell sent an email
to an ATF colleague in Mexico stating that ATF was "within 45-60 days of taking
this [Operation Fast and Furious] dmvn IF the USAO goes with our 846/924(c)
conspiracy plan."150 At that time, the case was still months away from indictment.
In August 2010, the operation continued, with another cooperating gun dealer
writing to the ATF-Phoenix Group Supervisor seeking advice about a large purchase
order made by Uriel Patino, who personally purchased more than 600 assault
weapons from a small handful of cooperating gun dealers. The dealer stated:
The Group Supervisor wrote back requesting that the gun dealer fulfill the order:
~42-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4355
By August 2010, rather than indicting the suspects in Operation Fast and
Furious, ATF-Phoenix and the prosecutor were still in the process of compiling
evidence to make indictment decisions. During his transcribed intervie"w with
Commitlee staff! Special Agent in Charge Newell stated:
In contrast U.S. Attorney Burke informed Committee staff that the delay in
the indictments was because ATF-Phoenix failed to produce to the prosecutor the
completed case file until October 2010:
On January 19, 2011, ten months after Deputy Director Hoover ordered an
exit strategy, the U.s. Attorney's Office filed an indictment against Manuel Celis-
Acosta and 19 straw purchasers that included counts for conspiracy, dealing in
firearms without a license, conspiracy to possess a controlIed substance with intent
to distribute, possession with intent to distribute marijuana, conspiracy to possess
a firearm in furtherance of a drug trafficking offense, false statements in cOlmection
with acquisition of firearms, conspiracy to commit money laundering, money
laundering, and aiding and abetting. 158
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H4356 CONGRESSIONAL RECORD HOUSE June 28, 2012
j!it~/';H'U~~ ~'N"~$
"
i.
,ff\
Department of Justice, Report of Firearms Recoveries as of Indictment of Suspects (Jan. 21, 2011)
-4.4-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4357
In testimony before the Committee, ATF Special Agent Peter Forcelli stated
that within a few weeks of transferring to the Phoenix Field Division from New York
in 2007, he noticed a difference in how Federal prosecutors in Arizona handled gun
cases:
Special Agent Forcelli testified that "this situation wherein the United States
Attorney's Office for Arizona in Phoenix declined most of our firearms cases, was at
least one factor which led to the debacle that's no,".... known as 'Operation Fast and
Furious."'160 He added that little improvement has been made to date:
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H4358 CONGRESSIONAL RECORD HOUSE June 28, 2012
A: Well, they-
ATF counsel strongly disagreed with the US. Attorney's Office that firearms
had to be present to prove that straw purchasers had lied on the Federal forms they
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4359
filled out when purchasing firearms. According to Special Agent in Charge Newelt
the other other U.s. Attorneys' offices in his jurisdiction-New Mexico, Colorado,
Wyoming, and Utah-did not share Arizona's interpretation of this evidentiary
standard. 166
We talked that over at the U.S. Attorney's Office, and the conclusion
was that we would need independent probable cause for each
transaction. Just because he bought 10 guns yesterday doesn't
mean that the 10 he is buying today are straw purchased. You
can't transfer probable cause from one firearm purchase to the next
fireann purchase. You need independent probable cause for each
occurrence .168
ATF agents also informed the Committee that the Arizona U.s. Attorney's
Office required proof, by clear and convincing evidence, that every person in a chain
of people \vho possessed the firearm had the intent to commit a crime.17O Agents
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H4360 CONGRESSIONAL RECORD HOUSE June 28, 2012
understood lhis to 111ean that they would not have sufficient probable cause to arrest
a suspect or interdict weapons when suspects transferred guns to non-prohibited
persons who then trafficked the guns to Mexico.171
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4361
The Acting Director of ATF, the Deputy Director of ATF, and the U.s, Attorney
in Arizona each told the Committee that they did not approve of gunwalking in
Operation Fast and Furious, were no! aware Ihal agents in ATF-Phoenix werl:' using
the tactic, and never raised any concerns with senior officials at the Department of
Justice in \Vashington, D.C. In addition, the Deputy Attorney General and Assistant
Attorney General for the Criminal Division both stated that ATF and prosecutors
never raised concerns about gunwalking in Operation Fast and Furious to their
attention, and that if they had been lold about gunwalking, they would have shut
,
it down. The Attorney General has stated consistently that he was not a\'vare of
allegations of gunwalking until 201 1, and the Committee has received no evidence
that contradicts this assertion.
This operation was flawed in its concept and flawed in its execution,
and unfortunately we will fcd the effects for years to come as guns th8t
were lost during this operation continue to show up at crime scenes
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H4362 CONGRESSIONAL RECORD HOUSE June 28, 2012
both here and in Mexico. This should never have happened and it
must never happen again. m
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 wi111esses 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.
In 2010, the Office of the Attorney General received six reports from the
National Drug Intelligence Center that contained a brief, one paragraph overview of
Operation Fast and Furious. None of the information in the documents discussed
the controversial tactics used by ATF agents in the case. One typical paragraph read:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4363
Tn his October 7, 2011, letter, the Attorney General explained that he never
reviewed the reports and that his staff typically reviews these reports. He also
testified that even if he had reviewed them personally, they did not indicate
anything problematic about the case because "the entries suggest active law
enforcement action being taken to combat a firearms trafficking organization that
was moving "\-veapons to Mexico."176
Several hours later on December 15, 2010, U.S. Attorney Burke learned that
Agent Terry had been murdered. 1&J He alerted Mr. Wilkinson, who replied, "Tragic,
I've alerted the AG, the Acting DAG, Lisa, etc."IS1
Later that same day, U.s. Attorney Burke learned that h\'Q firearms found
at Agent Terry's murder scene had been purchased by a suspect in Operation Fast
and Furious. He sent an email to Mr. Wilkinson forwarding this information and
"\-vrote: "The guns found in the desert near the murder [sic] BP officer connect back
to the investigation we were going to talk about-they were AK-47's purchased at a
Phoenix gun store."182 Mr. Wilkinson replied, "I'll call tomorrow."183
In his interview with Committee staff, U.s. Attorney Burke stated that he did
not recall having any subsequent conversation with Mr. vVilkinson that "included
the fact that Fast and Furious guns were found at the scene" of Agent Terry's
mmder. 18-l In a November 2011 hearing of the Senate Judiciary Committee, Senator
Charles Grassley asked Attorney General Holder, "Did Mr. Wilkinson say anything
to you about the connection between Agent Terry's death and the ATF operation?"
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H4364 CONGRESSIONAL RECORD HOUSE June 28, 2012
,
letter to tl,e Committee, the Department stated tl,at Mr, Wilkinson "does not recall a
follow-up caU with Burke or discussing this aspect of the matter with the Attorney
GeneraL"186
In March 2010, Acting ATF Director Melson and Deputy Director Hoover met
"vith Mr. Grindler for a monthly check-in meeting and shared information about
Operation Fast and FunDUS and other matters. As part of this briefing, Mr. Melson
and Mr. Hoover stated that they discussed the total number of firearms purchased
by individual suspects in Operation Fast and Furions, the total amount of money
spent on purchasing these fireamts, and a map displaying seizure events for the case
in both the United States and Mexico. ,88
Mr. Grindler stated that neither of ATFs senior leaders raised any concerns
with him about Operation Fast and Furious at thal briefing or mentioned
gunwalking:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4365
Deputy Attorney General about gunwalking in Operation Fast and Furious because
he did not know about it himself:
A: Right. 190
When asked whether he ever discussed his briefing on Operation Fast and
Furious with the Attorney General, Mr. Grindler said, "I don't have any recollection
of advising the Attorney General about this briefing in 2010."'191
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H4366 CONGRESSIONAL RECORD HOUSE June 28, 2012
Director Melson also denied that Deparhnent of Justice or senior ATF officials
devised or authorized those tactics:
Q: Did you ever tell agents not to use or authorize agents not
to use other common investigative techniques like "knock
and talks" or police pullovers in order to see where the guns
might go in this case?
A: No.
A: NO.193
After the public controversy broke, Mr. Melson requested copies of Operation
Fast and Furious case files to review for himself. He told Committee staff that he
became extremely concerned after reviewing them:
I think I became fully aware of \-vhat was going on in Fast and Furious
when I was reading the ROls. And I remember sitting at my kitchen
table reading the ROTs, one after another after anothel~ I had pulled out
all Patino's-and ROIs is, I'm sony report of investigation-and you
know, my stomach being in knots reading the number of times he went
in and the amount of guns that he bought.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4367
And this is why I wish the people in Phoenix had alerted us during
this transaction to exactly this issue, so we could have had at least
made a judgment as to whether or not this could continue or not. 195
A: No, sir. It's my firm belief that the strategic and tactical
decisions made in this investigation were born and raised
with the US. Attorney's Office and with ATF and the
OCDETF strike force in Phoenix. 197
Mr. Hoover's subordinates also informed the Committee that they did not
warn him about gunwalking allegations in Operation Fast and Furious because they
were una\vare of them. Assistant Director for Field Operations Mark Chait told the
Committee that he was "surprised" when he learned of allegations that gunwalking
occurred in Operation Fast and Furious in February 2011. 19R Deputy Assistant
Director for Field Operations William McMahon, the supervisor above the Phoenix
Field Division, stated:
I don't think at any point did we allow guns to just go into somebody's
hands and walk across the border. I think decisions were made to
allow people to continue buying weapons that we suspected were
going to Mexico to put our case together. But I don't believe that at any
point we watched guns going into Mexico. I think we did everything
we could to try to stop them from going to Mexico. 199
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H4368 CONGRESSIONAL RECORD HOUSE June 28, 2012
amount of money ead1 had spent, known stash houses, and the locations where
firearms had been recovered. Mr. Hoover told the Committee that he ordered an
"exit strategy" to close the case and seek indictments within 90 days.
Apart from whether Mr. Hoover was aware of specific gunwalking allegations
in Operation Fast and Furious, it remains unclear why he failed to inform Acting
ATF Director Melson or senior Justice Department officials about his more general
concerns with the investigation or his directive for an exit strategy.
During his interview with Committee staft Deputy Director Hoover took
substantial personal responsibility for ATF's actions in Operation Fast and Furious.
He stated:
I blame no one else. I blame no one else - not DEA, not the FBI, not the
US. Attorney's Office. If we had challenges, then we need to correct
those challenges. I am the deputy director at ATF, and, ultimately< you
know, everything flows up, and I have to take responsibility for the
mistakes that we made. 201
Q: Do you believe you would have known if that was the case?
A: Yes.
A: No.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4369
Q: Would that stick out in your mind at this point if he had said
we're going to let the guns go, find them in crime scenes in
Mexico, and then use that to make a connection to a DTO?
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H4370 CONGRESSIONAL RECORD HOUSE June 28, 2012
The lead prosecutor on the case, Emory Hurley, sent :-"1r. Burke similar
updates. On August 16, 2010, for example, Mr. Hurley prepared a memorandum
asserting that "the investigation has interdicted approximately 200 firearms,
including two .50 caliber rifles" and stating, "[aJgents have not purposely let guns
'walk , f/205
I found out first when the public disclosure was made by the ATF
agents early this year. When they started making those public
statements, of course, at that pointr as you know, both the leadership of
ATF and the leadership of the C.s. Attorney's Offices adamantly said
that those allegations were "'>'tong.
But as those allegations became dear, that is when I first learned that
guns that could - that ATF had both the ability to interdict and the
legal authority to interdict, that they failed to do so. That is when I
first learned that, Senator. 206
Mr. Breuer and Mr. Weinstein also rejected the allegation that they should
have been able to identify gunwalking in Operation Fast and Furious based on the
Criminal Division's legal reviews of wiretap applications submitted by the Arizona
US. Attomey's Office.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4371
,
summarizing the wiretap affidavits in the case. Although he could not comment
on the contents of the documents because they are under seal by a Federal District
Court judge, he stated:
In testimony before the Senate Judiciary Committee, Mr. Breuer made clear
[h81 his staff reviews wiretap affidavits to determine the legal snfficien.cy of the
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H4372 CONGRESSIONAL RECORD HOUSE June 28, 2012
[A]s Congress made clear, the role of the reviewers and the role of the
deputy in reviewing Title III applications is only one. It is to ensure
that there is legal sufficiency to make an application to go up on a wire
and legal sufficiency to petition a Federal judge somewhere in the
United States that we believe it is a credible request. But we cannot-
those now 221av,'yers that I have who review this in Washington, and
it used to only be 7, cannot and should not replace their judgment, nor
can they, with the thousands of prosecutors and agents all over the
country.
The next month, Mr. Weinstein received and reviewed a copy of the
prosecution memorandum prepared by the criminal prosecutor in the Wide Receiver
case.219 On April 12, 2010, Mr. Weinstein wrote to the prosecutors stating:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4373
In his interview with Committee staff, Mr. Weinstein explained that "there
was no question from the moment those sales were completed that ATF had a lot
of evidence that those sales were illegal. That's pretty rare. And it's that specific
fact that set me off on Wide Receiver."221 He also stated that the gunwalking tactics
used in Wide Receiver "were unlike anything I had encountered in my career as a
prosecutor."222 As a former prosecutor in the US. Attorney's Office in Baltimore, he
added:
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H4374 CONGRESSIONAL RECORD HOUSE June 28, 2012
Director William McMahon. 228 Mr. Weinstein told the Committee that he expressed
his serious concerns about ATF-Phoenix's management of Wide Receiver and the
fact that so many firearms had been allowed to walk. Notes taken at that meeting
indicate that of 183 guns sold in the first part of Operation Wide Receiver, the "vast
majority walkfed1" and were linked to "violent crime."m Mr. Weinstein stated:
[A]t the meeting the first topic on the agenda was to talk about the
tactics. And so ~r. Trusty and I went through the facts of the case and
I explained my concerns about the tactics. The meeting was nearly
2 years ago now, and as I sit here today I just can't recall the specific
words used, but my strong memory from that meeting is that Mr.
Hoover had the same reaction I did; that is, that he shared my concerns
about the tactics. And I walked away from that meeting being satisfied
that although this had happened in '06 and '07, this was not the kind
of thing that would be happening under Mr. Hoover's watch. I wish
I could remember the exact words used, but that's the strong sense I
walked away with.230
Although neither Mr. Breuer nor Mr. Weinstein had direct supervisory
authority over ATF, Mr. Weinstein told the Committee that the seriousness of issue
compelled them to request the meeting. Mr. Weinstein stated:
Mr. Weinstein stated that he relayed the details of the meeting to Mr. Breuer,
and at that time both of them believed that they had satisfied their duty to address
the issue with the appropriate managers. 232 Mr. Weinstein also noted that he
believed the gunwalking in Wide Heceiver was an "extreme aberration from years
ago."233
I regret the fact that in April of 2010, I did not. At the time, I thought
that ,.ve-dealing with the leadership of ATF was sufficient and
reasonable. And frankly, given the amount of work I do, ilt the time,
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-62-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4375
I thought that that ,-",as the appropriate way of dealing with it But I
cannot be more dear that knowing now-if I had known then what I
know now,!, of course, would have told the Deputy and the Attorney
GeneraP34
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H4376 CONGRESSIONAL RECORD HOUSE June 28, 2012
The documents obtained by the Committee do not indicate that any action
was taken after this meeting regarding efforts to coordinate operations with Mexican
authorities.
As described in the section above on the Hernandez case, the memo prepared
for Attorney General Mukasey in 2007 similarly explained that "ATF would like to
expand the possibility of such joint investigations and controlled deliveries-since
only then .",ill it be possible to investigate an entire smuggling network, rather than
arresting simply a single smuggler. 241 The memo provided to Attorney General
Mukasey was explicit, however, in '\laming that previous operations "have not been
successful. "142
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4377
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H4378 CONGRESSIONAL RECORD HOUSE June 28, 2012
Additional notes taken of a meeting with Deputy Director Hoover state that
"ATF doesn't let guns walk," and "we always try to interdict weapons purchased
iIlegally."248
Both Acting ATF Director Melson and ATF Deputy Director Hoover told the
Committee that they did not intend to mislead the Department or Congress and that
they sincerely believed that guns had not walked in Operation Fast and Furious at
the time the letter was drafted. 249
In his interview \vith Committee staff, US. Attorney Burke stated that, after
later learning about the scope of gunwalking in Operation Fast and Furious, he
deeply regretted conveying "inaccurate" information to senior Department officials
drafting the February 4 response, but that it "was not intcntional."252
The Committee was not able to interview one witness from the US. Attorney's
Office, the fonner Criminal Chief, Patrick Cunningham. In a letter on January 19,
2011, Mr. Cunningham's attorney informed the Committee that he was exercising his
Fifth Amendment right against self-incrimination. The letter stated:
During his interview with Committee staff, U.S. Attorney Burke stated that
Mr. Cunningham adamantly denied that gunwalking occurred in Operation Fast
and Furious.254 Similarly, Deputy Assistant Attorney General Weinstein informed
Committee staff that Mr. Cunningham continued to assert that gunwalking had not
occurred in Operation Fast and Furious after the February 4, 2011, letter.255
Within the Criminal Division, Mr. Weinstein informed the Committee that he
offered to assist in the drafting of the February 4 letter "to be helpful," but that he
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4379
had no independent knowledge of Operation Fast and Furious and relied on ATF
and the US. Attorney's Office for information, He stated:
Nmv much attention has been paid to the sentence in that letter that
reads, "ATF makes every effort to interdict weapons that have been
purchased illegally and prevent their transportation to Mexico." As
the documents you've received made clear, I and others at Main Justice
received multiple assurances from the U.S. Attorney's Office and from
ATF that this statement, like the other information in the letter, was
true ....
Given ,,,,,hat I know now, of course, I wish I had not placed such faith in
the assurances provided to me by the leadership of the U.S. Attorney's
Office and ATF. But given what I knew then and given the strength of
those assurances I believed at the time that it was entirely appropriate
to do so. I trusted what was said to me and 1 firmly believed at that
time that in fact ATF had not let guns walk in Past and Furious.
Obviously, time has revealed the statements made to me and others to
be inaccurate, and that is beyond disappointing to me. 256
Mr. Weinstein also explained why he did not raise concerns about
gunwalking during the previous administration in Operation Wide Receiver in 2006
and 2007. During his interview with Committee staff, he stated:
Now some have said that because I knew about Wide Receiver at the
time I assisted with the February 4th letter, I knew that statement to be
untrue, and that is just not correct. Let me explain why.
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H4380 CONGRESSIONAL RECORD HOUSE June 28, 2012
Wide Receiver and Fast and Furious. For that reason, I simply was not
thinking about \Vide Receiver as I assisted with the February 4th letter
which I understood to be about Fast and FurioUS.157
A: Absolutely not.
A: Absolutely not.
A: Absolutely not,258
I've also made clear to people in the Department that letting guns
walk-I guess thal's the term that the people use-that letting guns
walk is not something that is acceptable. Guns are-are different than
drug cases or cases where we're trying to follow where money goes.
We cannot have a situation where guns are allowed to walk, and I've
made that clear to the United States Attorneys as well as the Agents in
Charge in the various ATF offices. 260
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4381
Personnel actions
Justice Department officials have explained that, although they are awaiting
the findings from the Inspector General's investigation before making any final
personnel determinations, they have removed the key players in Operation Fast and
Furious from any further operational duties.
At the U.s. Attorney's Office for the District of Arizona, all of the key
personnel have resigned, been removed, or been relieved of their relevant duties
in the aftermath of Operation Fast and Furious. On August 30,2011, Dennis Burke
resigned as the U.s. Attorney.262 In January 2012, the Chief of the Criminal Division,
Patrick Cunningham, resigned his position and left the U.s. Attorney's Office. 263
The Section Head responsible for supervising Operation Fast and Furious resigned
his supervisory duties in the fall of 2011, and the Assistant U.s. Attorney who was
responsible for managing Operation Fast and Furious was moved out of the criminal
division to the civil division. 261
On August 30, 2011, the Justice Department removed Kenneth Melson as the
acting head of ATF and reassigned him to a position as a forensics advisor in the
Department's Office of Legal PoHcy.2600 On Odober 5, 201t ATF removed Deputy
Director vVilliam Hoover from his position and subsequently reassigned to a non-
operational role. 266 Also on Odober 5, 2011, ATF removed Assistant Director for
Field Operations Mark Chait from his position and subsequently placed him in
a non-operational role as well. 267 Deputy Assistant Director for Field Operations
William McMahon was also reassigned as a Deputy Assistant in the ATI' Office of
Professional Responsibility and Security Operations on May 13,2011, and was later
reaSSigned to a non-operation position.268
ATF supervisors from the Phoenix Field Division have also been reaSSigned.
Special Agent in Charge Vv'iIliam Newell was reassigned to an administrative
position as a special assistant in the ATP Office of ManagemenL 269 Assistant Special
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-69-
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H4382 CONGRESSIONAL RECORD HOUSE June 28, 2012
Agent in Charge George Gillett was reassigned as a liaison to the U.S. Marshal's
Service. Do The former Supervisor of Group VII, David Voth, was reassigned to Art's
Tobacco Division.271
Agency reforms
On January 28, 2011, Deputy Attorney General James Cole sent a letter to
Congress explaining that the Department was "undertaking key enhancements to
existing Department policies and procedures to ensure that mistakes like those that
occurred in Wide Receiver and Fast and Furious are not repeated." 272 The letter
detailed numerous reforms, induding:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4383
V. RECOMMENDATIONS
As its title indicates, the Committee on Oversight and Government Reform
has two primary missions. Not only is it charged with conducting oversight of
programs to root out waste, fraud, and abuse, but it is also responsible for reforming
these programs to ensure that government works more effectively and efficiently
for the American people. For these reasons, set forth below are ten constructive
recommendations intended to address operational problems identified during the
course of this investigation.
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H4384 CONGRESSIONAL RECORD HOUSE June 28, 2012
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4385
confinn a permanent director for ATF as soon as possible, and the President
should consider a recess appointment if the Senate fails to do so,
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H4386 CONGRESSIONAL RECORD HOUSE June 28, 2012
ENDNOTES
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4387
15 United States Attorney's Office for the District of Arizona, Office Overview
(online at www.justice.gov/usao/az/office_overview.html) (accessed on Jan. 20, 2011).
16 Department of Justice, Office of the Inspector Generat Review of ATF's Project
Gunrunner (Nov. 2010).
17 Government Accountability Office, FIrearms Trafficking: U.S. E.ffOl'ts to Combat
Arms Trafficking to Mexico face Planning and Cool'dination Challenges (June 2009) (GAO-09-
709).
18 fd; House Committee on Oversight and Government Reform, Transcribed
Interview of Jason Weinstein (Jan. 10,2012).
19 Department of Justice, Office of the Inspector General, Review of ATF's Project
Gunrunner (Nov. 2010).
20 ld.
21 House Judiciary Committee, Testimony of Eric H. Holder Jr., Attorney
General, Department of Justice, Oversight of the Justice Department (Dec. 8, 2011).
22 Department of Justice, Office of the Inspector General, Review of ATF's Project
Gunrunner (Nov. 2010).
23 ld.
24 Congressional Research Service, Gun Trafficking (/nd the Southwest Border
(Sept 21, 2009) (R40733).
25 Department of Justice, Office of the Inspector General, Review of ATF's Project
Gunrunner (Nov. 2010).
26 Memorandum from William Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, to Chief, Special Operations
Division, Bureau of AlcohoC Tobacco, Firearms and Explosives (June 22, 2006).
27 Memorandum from William Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohol, 'Ibbacco, Firearms and Explosives, to Chief, Special Operations
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (July 2, 2007).
28 Memorandum from Jennifer Maldonado and David Petermann, Assistant
U.S. Attorneys, U.S. Attorney's Office, District of Arizona, to Paul Charlton, u.s. Attorney,
District of Arizona (July 13, 2006).
29 M
30 Email fromLauraGwinn.Criminal Division, Department of Justice, to Kevin
Carwile, Criminal Division, Department of Justice (Mar. 16,2010).
31 Memorandum from Jennifer Maldonado and David Petermalm, Assistant
U.s. Attorneys, U.s. Attorney's Office, District of Arizona, to Paul Charlton, U.s. Attorney,
District of Arizona (July 13, 2006).
32 Memorandum from William Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, to Chief, Special Operations
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (June 22, 2006).
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49 ld.
50 Memorandum from William Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, to Chief, Special Operations
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (Apr. 23, 2007).
51 ld.
52 Email from Chuck Higman, Resident Agent in Charge, Bureau of Akohot
Tobacco, Firearms and Explosives, to Adam Price, Bureau of Alcohol, Tobacco, Firearms and
Explosives, and Lieutenant Stiso, Tucson Police Department (Apr. 10, 2007).
53 Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Operational Plan
(Apr. 11,2007).
54 fd.
55 Email from James Sman, Bureau of Alcohol, Tobacco, Firearms and
Explosives, to Vicki Moore, Bureau of Alcohol, Tobacco, Firearms and Explosives (Apr. 18,
2007).
56 Memorandum from \Villiam Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, to Chief, Special Operations
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (Apr. 23, 2007).
57 Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Operational Plan
(May 7, 2007).
58 fd.
59 fd.
60 ld.
61 Bureau of Alcohol, Tobacco, Firearms and Explosives, Operational Plan (May
22,2007).
62 Email from Athanasio Vlahoulis, Bureau of Alcohol, Tobacco, Firearms and
Explosives, to Juan Delgado and Chuck Higman, Bureau of Alcohol, lobacco, .Firearms and
Explosives, et aI. (June 7, 2007).
63 Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Operational Plan
(June 26, 2007).
64 ld.
65 Memorandum from William Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, to Chief, Special Operations
Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (July 2, 2007).
66 Email from Chuck Higman, Resident Agent in Charge, Bureau of Alcohol,
Tobacco, Firearms and Explosives, to Larry Shiver, Regional OCDETF Coordinator, Bureau
of Alcohol, Tobacco, Firearms and Explosives (June 26, 2007).
67 ld.
6R Email from Laura Gwinn, Criminal Division, Department of Justice, to Bryan
Reeves and James Trusty, Criminal Division, Department of Justice (Sept. 28, 2009) ("Arizona
-77-
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H4390 CONGRESSIONAL RECORD HOUSE June 28, 2012
did not yet indict the case due to the original AUSA being appointed as a magistrate judge,
and the new AUSA apparently too busy to devote the necessary lime to putting the case
together."}.
69 House Committee on Oversight and Government Reform, Transcribed
Interview of Jason Weinstein (Jan. 10, 20l2).
70 ld.
71 ld.
72 Email from Laura Gwinn, Criminal Division, Department of Justice, to Kevin
Carwile and James Trusty, Criminal Division, Department of Justice (Sept. 23, 2009).
73 Email from Laura Gwinn,Criminal Division, Department of Justice, to James
Trusty, Criminal Division, Department of Justice (Mar. 16, 2010).
74 Email from Laura Gwinn,Criminal Division, Department of Justice, to Kevin
Carwile, Criminal Division, Department of Justice (Mar. 16, 2010).
75 Email from Laura Gwinn, Criminal Division, Department of Justice, to James
Trusty, Criminal Division, Department of Justice (May 17, 2010).
76 U.s. Attorney's Office, District of Arizona, Seven Individuals Charged with Gun-
trafficking Crimes (Nov. 9, 2010).
77 Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Operational Plans
(Oct. 18,2007).
78 Bureau of Alcohol, Tobacco, Firearms and Explosives, Briefing Paper, Cross-
Border Firearms Operations (2011).
79 ld.
80 Email from Carson Carroll, Bureau of Alcohol, Tobacco, Firearms and
Explosives, Enforcement Programs, to William Hoover, Assistant Director for Field
Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives (Sept. 28, 2007).
81 ld.
82 Bureau of Alcohot Tobacco, Firearms and Explosives, ATF Operational
Plans (Oct. 18, 2007). On November 27, 2007, a criminal complaint was filed against Fidel
Hernandez and Carlos Morales-Valenzuela for the unlawful export of firearms without a
license. Hernandez was arrested in the United States the same day_ See Criminal Complainl
(Nov. 27, 2007), Unil'ed Slates v. Carlos Valentin Morales- Valenzuela and Fidel Hernandez, D. Ariz.
(No.0706964M).
83 Email from William Hoover, Assistant Director for Field Operations,
Bureau of Alcohol, Tobacco, firearms and Explosives, to Carson Carroll, Bureau of Alcohol,
Tobacco, Firearms and Explosives, and WilHam Ne.vell, Special Agent in Charge, Phoenix
Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. (Oct. 4, 2007).
84 Email from William Hoover, Assistant Director for Field Operations,
Bureau of Alcohol, Tobacco, Firearms and Explosives, to Carson Carroll, Bureau of Alcohol,
Tobncco, Firearms and Explosives (Oct. 5, 2007).
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H4392 CONGRESSIONAL RECORD HOUSE June 28, 2012
106 Email from William Newell, Special Agent in Charge, Phoenix Field
Division, Bureau of Alcohot Tobaccot Firearms and Explosives, to Matthew Allen, Office of
Investigations, Department of Homeland Security (Aug. 12, 2008).
107 U.s. Attomey's Office, District of Arizona, Leaders Sentenced for Conspiracy that
Supplied Weapons to Sinaloan Cartel (Aug. 9, 2010).
108 Criminal Complaint (Dec. la, 2008), United States v. Alda Arizmendiz, et ai., D.
Ariz. (No. 08-01853M).
109 ld.
110 ld.
111 ld.
112 U.s. Attomey's Office, District of Arizona, Leaders Sentenced for Conspiracy that
Supplied Weapons to Sinaloan Cartel (Aug. 9, 2010).
113 ld.
114 ld.; Crimina! Complaint (Dec. 10, 2008), United States v. Alda Arizmendiz, et al.,
D. Ariz. (No. 08-01853M).
115 Email from George Gillett, Assistant Special Agent in Charge, Phoenix
Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, to William Newell,
Special Agent in Charge, Phoenix Field Division, Bureau of Alcohol, Tobacco, Firearms and
Explosives (Jan. 26,2010) (Attachment "Operation: The Fast and the Furious").
116 ld.
117 ld.
118 ld.
119 Bureau of Alcohol, Tobacco, Firearms and Explosives, Briefing Paper (Jan. 8,
2010).
120 [d.
121 ld.
122 Memorandum trom Emory Hurley, Assistant U.s. Attorney, U.s. Attorney's
Office, District of Arizona, to Mike Morrissey, Assistant US Attorney, U.s. Attorney's Office,
District of Arizona (Jan. 5, 2010).
123 House Committee on Oversight and Government Reform, Transcribed
Interview of David Voth (June 3D, 2011).
124 rd.
125 Bureau of Alcohol, Tobacco, Firearms and Explosives, Briefing Paper (Jan. 8,
20lO).
126 House Committee on Oversight and Government Reform, Transcribed
Interview of William Ne\vell (June 8,2011).
127 ld.
-80-
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4395
Explosives, Hearing on Operation Fast and Furious: Reckless Decisions, Tragic Outcomes (June
15,2011).
160 Id.
161 House Committee on Oversight and Government Reform, Transcribed
Interview of Peter J. Forcelli (Apr. 28, 2011).
162 Id.
163 House Committee on Oversight and Government Reform, Transcribed
Inlerview of Kenneth Melson (July 4, 2011).
164 !d.; House Committee on Oversight and Government Reform, Transcribed
Interview of Larry Alt (Apr. 27, 2011). Memorandum from Thomas E. Karmgard, ATF
Division Counsel (Phoenix) to the U.S. Attorney's Office for the District of Arizona, ATF
Division Counsel Notes Relating to "Corpus Delicti" Issue in Straw Purchaser Case (Feb. 24, 2010).
165 House Committee on Oversight and Government Reform, Transcribed
Interview of Peter Forcelli (Apr. 28, 2011).
166 House Committee on OverSight and Government Reform, Transcribed
Interview of William Ne.vell (June 8, 2011).
167 Memorandum from Thoma~ E. Karmgard, ATF Division Counsel (Phoenix)
to the U.s. Attorney's Office for the District of Arizona, ATF Division Counsel Notes Relating to
"Corpus Delicti" Issue in Straw Purchaser Case (Feb. 24, 2010).
168 House Committee on Oversight and Government Reform, Transcribed
Interview of David Voth (June 3D, 2011).
169 Id.
170 ld.
171 Id.
172 Senate Committee on Appropriations, Subcommittee on Commerce, Justice,
Science, and Related Agencies, Testimony of the Eric H. Holder, Jr., Attorney General
Department of Justice, Hearing on the FY 12 Dept. of Justice Budget (Mar. 10, 2011); House
Judiciary Committee, Testimony of the Eric H. Holder, Jr., Attorney General Department
of Justice, OversiRht Hearinx on the United States Department of Justice (May 3, 2011); House
Judiciary Committee, Testimony of the Eric H. Holder, Jr., Attorney General Department of
Justice, OZIersight Hearins on the United States Department of justice (Dec. 8,2011).
173 Senate Judiciary Committee, Testimony of the Eric H. Holder, Jr., Attorney
General Department of Justice, Hearing on Justice Department Oversight (Nov. 8, 2011).
174 House Judiciary Committee, Testimony of the Eric H. Holder, Jr., Attorney
Gcnef(l I Department of Justice, Oversight Hearing on the United States Department of Justice
(Dec. 8, 2011).
175 Memorandum from Michael F. Walther, National Drug Intelligence Center,
to the Attorney General through the Acting Deputy Attorney General, Department of
Justice, Weekly Report for July 5 through July 9,2010 (July 5, 2010).
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H4396 CONGRESSIONAL RECORD HOUSE June 28, 2012
176 Letter from Eric H. Holder, Jr., Attorney Generat Department of Justice, to
Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Government Reform, et
aI. (Oct. 7,2011).
177 Email from Monty Wilkinson, Deputy Chief of Staff and Counselor to the
Attorney General, Department of Justice, to Dennis K. Burke, u.s. Attorney, District of
Arizona (Dec. 14(2010).
178 Email from Demus K. Burke, U.s. Attorney, District of Arizona, to Monty
Wilkinson, Deputy Chief of Staff and Counselor to the Attorney General, Department of
Justice (Dec. 15(2010).
179 [d.
180 Email from Dennis K. Burke, U.S. Attorney, District of Arizona, to Monty
Wilkinson, Deputy Chief of Staff and Counselor to the Attorney General, Department of
Justice (Dec. 15, 2010).
181 Email from Monty Wilkin~on, Deputy Chief of Staff and Counselor to the
Attorney General, Department of Justice, to Dennis K. Burke, U.S. Attorney, District of
Arizona (Dec. 15, 2010).
182 Email from Dennis K. Burke, u.s. Attorney, District of Arizona, to Monty
Wilkinson, Deputy Chief of Staff and Counselor to the Attorney General, Department of
Justice (Dec. 15,2010).
183 Email from Monty Wilkinson, Deputy Chief of Staff and Counselor to the
Attorney General, Department of Justice, to Dennis K. Burke, U.S. Attorney, District of
Arizona (Dt!c. 15,2010).
184 House Committee on Oversight and GoVt'mment Reform, Transcribed
Interview of Dennis Burke (Dcc. 13,2011).
185 Senate Committee on the Judiciary, Testimony of Eric H. Holder, Jr., Attorney
Generat Department of Justice, Hearing on Oversight of the U.S. Department ofJustice (Nov. 8,
2(11),
186 Letter from Ronald Weich, Assistant Attorney General, Office of Legislative
Affairs, Department of Justice, to Rep. Darrell E. Issa, Chairman, House Committee on
Oversight and Government Reform, et al. (Jan. 27, 2012).
,. 187 HOllse Committee on Oversight and Government Reform, Transcribed
Interview of Gary Grindler (Dec. 14, 2011).
188 House Committee on Oversight and Government Reform, Transcribed
Interview of Kenneth Melson (July 4,2011); House Committee on Oversight and
Government Reform, Transcribed Interview of William Hoover (July 21, 2011).
189 House Committee on Oversight and Government Reform, Transcribed
Interview of Gary Grindler (Dec. 14,2011).
190 House Committee on Oversight and Government Reform, Transcribed
Interview of William Hoover (July 21, 2011).
191 House Committee on Oversight and Government Reform, Transcribed
Interview of Gary GrindleI' (Dec. J 4, 2011).
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-85-
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H4398 CONGRESSIONAL RECORD HOUSE June 28, 2012
-86-
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H4400 CONGRESSIONAL RECORD HOUSE June 28, 2012
allegations repeated in your letter that ATF in any way "sanctioned", [sic] had knowledge
of, or permitted weapons purchased on January 16, 2010 in Arizona to reach the Republic of
Mexico is categorically false.").
252 House Committee on Oversight and Goverrunent Reform, Transcribed
Interview of Dennis Burke (Dec. 13,2011).
253 Letter from Tobin Romero, Partner, Williams & Connelly LLP, Counsel, to
Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Goverrunent Reform
(Jan. 19,2011).
254 House Committee on Oversight and Government Reform, Transcribed
Interview of Dennis Burke (Dec. 13,2011).
255 House Committee on Oversight and Government Reform, Transcribed
Interview of Jason Weinstein (Jan. 10,2012).
256 [d.
257 Id.
258 rd.
259 Senate Committee on Appropriations, Subcommittee on Commerce, Justice,
Science, and Related Agencies, Testimony of the Eric Ii. Holder, Jr., Attorney General
Department of Justice, Hearing on the FY 12 Dept. of Justice Budget (Mar. 10,2011).
260 [d.
261 Email from James Cole, Deputy Attorney General, Department of Justice,
to Angel Moreno, John Murphy, Dennis Burke, Kenneth Gonzales, and Laura Duffy, U.S.
Attorneys (Mar. 9, 2011).
262 ATF Chief Removed Over Border Guns Scandal, Los Angeles Times (Aug. 30,
2011).
263 Issa Sullpoenas AZ US Attorney Criminal Division Chief Examiner (Jan. 19,
2012).
264 ATF Chief Remaved Over Bordei' Guns Scandal, Los Angeles Times (Aug. 30,
2011); Three ATF Officials Reassigned in Shakeup Over Fast and Furious, Main Justice (Jan. 6,
2012) (online at www.mainjustice.com/2012/0 1/06/three-atf-officials-reassigned -in-shakeup-
over-fast-and-furioLlSJ) (accessed Jan. 27, 2012).
265 rd.
266 Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Acting Director
Jones Announces New Staff Assignments (Oct. 5, 2011); Three ATF OffiCials Reassigned in Shakeup
Over Fast alld Furious, Main Justice (Jan. 6, 2012) (online at ww\v.mainjustice.comj2012(01/06j
three-atf-offidals-reassigned-in-shakeup-over-fast-and-furious!) (accessed Jan. 27, 201 2).
267 ld.
268 ATF Officials Suspended over Fast and Furious, Washington Examiner (Jan. 10,
2012).
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269 ATF Official Newell Says Whistleblowers Were Silent on Fast altd Furious, Main
Justice (Sept. 22, 2011) (online at ww\".mainjustice.com/2011/09/22/atf-official-newell-says-
\"histleblowers-were-siIent-on-fast-and-furious/) (accessed Jan. 27, 2012).
270 'Fast and Furious' Whistleblowers Struggle Six Months After Testifying Against
ATF Program, Fox News (Nov. 30, 2011).
271 ld.
272 Letter from James M. Cole, Deputy Attorney General, Department of Justice,
to Rep. Darrell E. Issa, Chairman, House Committee on Oversight and Government Reform,
et al. (Jan. 27,2012).
273 ld.
274 ld.
275 Federal Judge Rejects Challenge to Gun Dealer Rules, Washington Post (Jan. 14,
2012).
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H4402 CONGRESSIONAL RECORD HOUSE June 28, 2012
Mr. ISSA. Mr. Speaker, by direction Brian Terry, I always believed that, in I reserve the balance of my time.
of the Committee on Oversight and time, we would reach an accommoda- Mr. CUMMINGS. Mr. Speaker, I yield
Government Reform, I call up the reso- tion sufficient to get the information myself such time as I may consume.
lution (H. Res. 711) recommending that needed for the American people while Today, Mr. Speaker, is a historic day
the House of Representatives find Eric at the same time preserving the ongo- in many ways. On the one hand, in a
H. Holder, Jr., Attorney General, U.S. ing criminal investigations. landmark decision by Chief Justice
Department of Justice, in contempt of I am proud to say that our com- John Roberts, the Supreme Court
Congress for refusal to comply with a mittee has maintained the ability for upheld the health care bill, ensuring
subpoena duly issued by the Committee the Justice Department to continue that millions of American families will
on Oversight and Government Reform. their ongoing prosecutions. Neither the finally have access to effective and af-
The Clerk read the title of the resolu- majority nor the minority has allowed fordable health care.
tion. any material to become public to com- On the other hand, Republican lead-
The SPEAKER pro tempore. Pursu- promise that. However, the facts re- ers of the House of Representatives are
ant to House Resolution 708, the resolu- mainin Fast and Furious, the Depart- about to plunge into the history books
tion is considered read and shall be de- ment of Justice permitted the sale of as some of the most extreme and par-
batable for 50 minutes, equally divided more than 2,000 weapons that fell into tisan ever. Rather than working to-
and controlled by the chair and rank- the hands of the Mexican drug cartels, gether in a bipartisan way to create
ing minority member of the Committee which was both reckless and inexcus- jobs and help our Nations economic re-
on Oversight and Government Reform able. And it clearly was known by peo- covery, theyre rushing to the floor
or their designees. ple, both career professionals and polit- under emergency procedures with a
The text of the resolution is as fol- ical appointees, from the lowliest contempt resolution that is riddled
lows: members on the ground in Phoenix to with errors and is motivated by par-
H. RES. 711 high-ranking officials in the Depart- tisan politics.
Resolved, That Eric H. Holder, Jr., Attor- ment of Justice. But thats not what When I first heard about the allega-
ney General of the United States, shall be were here for today. tions of gunwalking at ATF, I was out-
found to be in contempt of Congress for fail- Today we are here on a very narrow raged. I fully supported our commit-
ure to comply with a congressional sub- contempt, one that the Speaker of the tees goals of finding out how it start-
poena. House, in his wisdom and assistance, ed, how it was used, and how it may
Resolved, That pursuant to 2 U.S.C. 192 and has helped us to fashion. Let it be
194, the Speaker of the House of Representa-
have contributed to the death of Bor-
clear: we still have unanswered ques- der Patrol Agent Brian Terry. I made a
tives shall certify the report of the Com-
tions on a myriad of areas related to personal commitment, which I will
mittee on Oversight and Government Re-
form, detailing the refusal of Eric H. Holder, Operation Fast and Furious. But today keep, to the Terry family to conduct a
Jr., Attorney General, U.S. Department of we are only here to determine how, responsible and thorough inquiry.
Justice, to produce documents to the Com- over the 10 months from the time in But todays contempt vote is a cul-
mittee on Oversight and Government Reform which the American people and the mination of one of the most highly po-
as directed by subpoena, to the United Congress of the United States were lied liticized and reckless congressional in-
States Attorney for the District of Colum- to, given falseliterally the reverse vestigations in decades. After receiving
bia, to the end that Mr. Holder be proceeded statement, that no guns were allowed
against in the manner and form provided by thousands of pages of documents from
to walk during those 10 months before the Justice Department, conducting
law.
Resolved, That the Speaker of the House the Justice Department finally owned two dozen transcribed interviews, and
shall otherwise take all appropriate action up and recognized that they had to hearing testimony from the Attorney
to enforce the subpoena. come clean that, in fact, Fast and Furi- General nine times, here are the facts:
The SPEAKER pro tempore. After ous was all about gunwalking. First, the committee has obtained no
debate on the resolution, it shall be in The Department of Justice main- evidence that the Attorney General au-
order to consider a motion to refer if tained a series of documents. Many of thorized, condoned, or knew about
offered by the gentleman from Michi- these documents are believed to be gunwalking. Chairman ISSA admitted
gan (Mr. DINGELL) or his designee communications between and with the this just yesterday before the Rules
which shall be debatable for 10 minutes very individuals at the heart of the de- Committee. Weve seen no evidence
equally divided and controlled by the cision to go forward with Fast and Fu- that the Attorney General lied to Con-
proponent and an opponent. rious. Therefore, we have focused our gress or engaged in a coverup. Weve
The gentleman from California (Mr. limited contempt on those documents. seen no evidence that the White House
ISSA) and the gentleman from Mary- If our committee is able to receive the had anything to do with the
land (Mr. CUMMINGS) each will control documents in totality that show who gunwalking operationsChairman ISSA
25 minutes. brought about the dishonest statement admitted this on FOX News Sunday
The Chair recognizes the gentleman to Congress and who covered it up for this past weekend.
from California. 10 months, we believe that will allow Democrats wanted a real investiga-
GENERAL LEAVE us to backtrack to the individuals who tion. But Chairman ISSA refused 10 dif-
Mr. ISSA. Mr. Speaker, I ask unani- ultimately believed in Fast and Furi- ferent requests to hold a hearing with
mous consent that all Members may ous, facilitated Fast and Furious, and the director of ATF, the agency that
have 5 legislative days within which to ultimately made it responsible for ran these misguided operations. Let me
revise and extend their remarks and in- Brian Terrys death. say that again. During this entire in-
The SPEAKER pro tempore. The vestigation, no Member of the House
sert extraneous materials into the
time of the gentleman has expired. has been able to pose a single question
RECORD for both resolutions made in
Mr. ISSA. I yield myself an addi-
order under the rule. to the head of ATF at a public hearing.
tional 15 seconds. How could you have a credible inves-
The SPEAKER pro tempore. Is there I wont read everything thats in my
objection to the request of the gen- tigation of gunwalking at ATF and
opening statement. But I will read just
tleman from California? never hold a single hearing with the
one more thing.
There was no objection. These words were said on the House leadership of the agency in charge? The
Mr. ISSA. Mr. Speaker, I yield myself answer is, you cant.
floor in 2008 when Speaker PELOSI sup-
2 minutes. Based on the documents, we now
ported contempt. She said:
I never thought that we would be know that gunwalking, in fact, started
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4403
briefed on these botched interdiction and Furious, theres so much we do not vote dont want to have this conversa-
efforts during his tenure and that he know. But because whistleblowers tion, and they arent serious about
was told they would be expanded. within the Department of Justice were stopping gun trafficking. They simply
Chairman ISSA refused to call Mr. outraged at mischaracterizations, want to embarrass the administration,
Mukasey for a hearing or even for a theres a great deal that we do know. even though the committees 16-month
private meeting. During our commit- What we do know is that we have investigation found no evidence the At-
tees year and a half investigation, the been dealing with a systematic effort torney General knew about
chairman refused every single Demo- to deflect attention away from the de- gunwalking, even though there was no
cratic request for a witness. cisions and the determinations that evidence of White House involvement
Instead of taking any of these rea- were made at the highest levels of the in gunwalking, all of which Chairman
sonable steps as part of a credible and Department of Justice, where informa- ISSA admitted on national TV last
even-handed investigation to deter- tion was brought directly to individ- week.
mine facts, House Republican leaders uals at the highest levels of the De- So if were going to talk about gun
rushed this resolution to the floor only partment of Justice, information that trafficking, lets be clear: this is about
1 week after it was voted out of com- was contained in wiretap affidavits politics, not safety.
mittee. In contrast, during the last that lay out in explicit detail the mat- Mr. ISSA. Mr. Speaker, the minority
Congress, House leaders continued to ters related to Fast and Furious. knows that, in fact, this contempt is
negotiate for 6 months to try to avoid Mr. Speaker, there is a famous all about the Attorney Generals re-
contempt in the United States Attor- quotation in the Department of Justice fusal to turn over documents, not
neys investigation. about the responsibility of the Attor- whether or not it was his lieutenants
Mr. Speaker, some of my colleagues ney General not being to win cases, but or he that personally was involved in
on the other side seem almost giddy to assure that justice is pursued and Fast and Furious.
about todays vote. After turning this retained. With that, I yield 2 minutes to the
investigation into an election year Mr. Speaker, it is incumbent and a distinguished former chairman of the
witch hunt, they have somehow con- responsibility on this House to do what Judiciary Committee, the gentleman
vinced the Speaker to take it to the is required to do in this circumstance from Wisconsin (Mr. SENSENBRENNER).
and to support the request that we be Mr. SENSENBRENNER. Mr. Speak-
floor.
given the documents to obtain the er, this isnt about politics. This is
b 1440 about the Constitution, and its about
facts that will allow us to draw the
And they are finally about to get the conclusions which I believe will allow Congresss mandate to do oversight
prize they have been seeking for more us to get to the bottom of this level. over both the executive and judicial
than a year: holding the Attorney Gen- Mr. CUMMINGS. Mr. Speaker, I yield branches of government.
eral of the United States of America in The President is asserting executive
2 minutes to the distinguished gen-
contempt. privilege to attempt to shield these
tleman from Illinois (Mr. QUIGLEY).
They may view todays vote as a suc- documents, and he is relying on a type
Mr. QUIGLEY. Those bringing this
cess, but in reality, it is a sad failure of privilege called the deliberative
contempt vote say they want to talk
a failure of House leadership, a failure process privilege. However, that privi-
about gunwalking and how to stop it.
of our constitutional obligations, and a lege disappears when Congress is inves-
Okay, lets have that conversation.
failure of our responsibilities to the tigating evidence of wrongdoing.
They say they want to stop gun traf-
In 1997, the U.S. Court of Appeals for
American people. ficking and keep our ATF agents safe. the District of Columbia Circuit wrote,
I reserve the balance of my time. Well, then lets properly fund the ATF, in part:
Mr. ISSA. I yield 3 minutes to the which has the same number of agents
Moreover, the privilege disappears alto-
gentleman from Pennsylvania, the dis- since 1970. gether when there is any reason to believe
tinguished Congressman MEEHAN, a They say they want to stop gun traf- government misconduct occurred.
former U.S. attorney in that district. ficking. Well, then appoint a perma- In another case that was decided by
Mr. MEEHAN. Thank you, Mr. Chair- nent ATF Director, which the agency the First Circuit in 1995, it says that
man. hasnt had in 6 years. the grounds that shielding internal
Mr. Speaker, this is not about poli- They say they want to stop gun traf- government deliberations in this con-
tics, though there are some who want ficking. Well, then lets pass some laws text does not serve the publics inter-
to suggest that it is because if they which actually deter straw purchasers. est in honest, effective government.
yell loud enough and long enough, it Straw purchasers can currently buy Theres been misconduct thats al-
will deflect the truth of the matter. thousands of AK47s, lie on their paper- ready a matter of public record in two
Frankly, its not about gotcha. As a work, and the penalty is equivalent to instances. The Justice Department
former prosecutor myself, the Attorney a moving violation. wrote Senator GRASSLEY in January of
General personifies the pursuit of jus- They say they want to stop gun traf- 2011 saying that the ATF-sanctioned
tice, and I want to see him do well. But ficking. Well, then lets give the agents gunwalking across the border was
it is about accountability. in the field what theyve been asking false, and it took them 9 months to re-
Agent Brian Terry is dead, protecting for: the ability to track multiple pur- tract that letter. So they misled Con-
our border, and 563 days later, the chases of long guns. These long guns gress, and then 9 months later they
Terry family still does not know why it include AK47s, variant assault weap- said, Oops, maybe we did mislead Con-
occurred. What they do know is that ons, and .50 caliber semiautomatic gress and well withdraw the letter.
the very agency that initiated Fast and sniper rifles, the weapons of choice for And in May 2011, the Attorney General
Furious, the Department of Justice international drug cartels. testified before the Judiciary Com-
under Attorney General Eric Holder, They say they want to stop gun traf- mittee that he first heard of Operation
called the operation fatally flawed. ficking. Well, then lets close the gun Fast and Furious a few weeks before
And then the wagons got circled. show loophole which currently allows the hearing. Over 6 months later, he
Its about the separation of powers. anyone to purchase any gun they want conceded that he should have said a
As uncomfortable as it may be, at without background check. Felons, do- few months.
times its a fundamental tenet and a mestic violence abusers, those with se- Now, this very clearly shows that
strength of our democracy that Con- vere mental illness, even those on the Congress has got the obligation to get
gress is given not just the power, but terrorist watch list can currently walk to the bottom of this and that the as-
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the responsibility, to exercise its duty into a gun show and purchase any gun sertion of executive privilege by the
of oversight over the Executive, espe- they want. President and the Attorney General is
cially when, by their own admission, Yes, 2,000 guns were allowed to walk not based in law. We ought to go ahead
things have gone glaringly wrong. to Mexico, but the truth is tens of and do our job and do our oversight.
Because the Justice Department has thousands of guns flow across our bor- Its too bad that the Justice Depart-
stubbornly resisted the legitimate in- der every year because of those lax gun ment has decided to try to obstruct
quiries of Congress over Operation Fast laws. But those bringing this contempt Congress ability to do it.
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H4404 CONGRESSIONAL RECORD HOUSE June 28, 2012
Pass the resolution. Clearly, the majority has not taken trations catastrophic Fast and Furi-
Mr. CUMMINGS. I yield 2 minutes to the necessary time to properly weigh ous. The American people deserve to
a member of the committee, the gen- this very serious charge. Regrettably, know those answers, and the family of
tleman from Virginia (Mr. CONNOLLY). this deeply flawed and shoddy con- Border Patrol Agent Brian Terry do as
Mr. CONNOLLY of Virginia. Mr. tempt citation is emblematic of the well.
Speaker, the 112th Congress is on the majoritys reckless rush to judgment Mr. CUMMINGS. Mr. Speaker, I yield
verge of becoming the first in the his- throughout this political prosecution. the gentleman from Missouri (Mr.
tory of the country to hold a sitting I have been deeply troubled by the CLAY) 2 minutes, a member of the com-
Cabinet member in contempt, cement- tone and tenor of some of the very hos- mittee.
ing its legacy as the most partisan tile questioning and the utter and com-
House of Representatives perhaps of all Mr. CLAY. Mr. Speaker, as a member
plete contempt and lack of respect of the Oversight Committee, I know
time. When they say its not about pol- given to the Attorney General of the
itics, you can be sure its about poli- that the gunwalking operations con-
United States. ducted by the ATF under both the pre-
tics. When this chapter of congressional
The majoritys irresponsible and un- vious and current administrations were
history is written, it will not be a absolutely wrong. But the leadership of
precedented contempt vote brings dis- brave, shining moment. It will be seen
honor to this House, which has become this House is focused on shameful elec-
for what it is: a craven, crass, partisan tion-year political posturing instead of
so clouded in judgment, so besotted move that brings dishonor to this body.
with rancor and partisanship, that its the real issue.
Mr. ISSA. I now yield 1 minute to the
incapable of addressing a fundamental very distinguished and always partici- The Justice Department, long ago,
separation of powers conflict in a seri- pating member of the committee, the ended the practice of allowing these
ous and fair fashion. gentlewoman from New York (Ms. guns to walk across the border, put-
In refusing to engage in good-faith BUERKLE). ting communities in Mexico at great
negotiations with the Department of Ms. BUERKLE. Mr. Speaker, I thank risk. But the same people who have re-
Justice and the Attorney General, the the chairman for his steadfast work on lentlessly pursued a baseless, partisan
majority has exposed this contempt ci- behalf of truth in trying to get to the attack on Attorney General Holder and
tation for what it really is: an extraor- bottom of Fast and Furious. the President have ignored the des-
dinarily shameful political witch hunt Mr. Speaker, Syracuse, New York, in perate pleas of the Mexican Govern-
aimed at trashing an honorable man. the heart of my district, is roughly mentto strengthen American gun
b 1450 2,500 miles from Rio Rico, Arizona, laws and curb the gun trafficking that
where U.S. Border Patrol Agent Brian gave rise to the strategy in the first
It is unacceptable that we are rush- place.
ing to the floor this unprecedented con- Terry was tragically shot and killed by
an AK47 assault rifle that the United But focusing on the real issue would
tempt resolution. Yesterday, Ranking
States knowingly allowed into the take time away from their playing pol-
Member CUMMINGS sent a letter to the
hands of a suspected gun trafficker, yet itics with their oversight authority.
Speaker highlighting 100 errors, omis-
every time Im home, it is the issue Those on the other side of the aisle
sions, and mischaracterizations of fact
first and foremost on the minds of my claim to be concerned about powerful
contained in the contempt citation
constituents. I listen to their calls, to assault weapons crossing the border
itself, rushed out of our committee last
their emails, and at our town halls. into Mexico illegally, but how can they
week on a party-line vote.
Although some of the contempt cita- They want to know what happened, be completely fine with those same
tions flaws are simply misleading, oth- who knew what, and when did they powerful assault weapons being sold
ers are significant legal deficiencies know it. They ask me, they ask Wash- right here in this country legally, put-
and may contain factual errors that ington, they ask the Department of ting our communities at even greater
call into question the very validity of Justice: How could the United States risk?
the contempt citation itself. Government, the pillar of hope and This is nothing more than a political
For example, on pages 4 and 5, the freedom, have allowed for this, for one witch hunt. The disgraceful posturing
contempt citation charges that senior of their own representatives, one of that I witnessed at last weeks markup
officials at the Department of Justice their own good guys, to be so helplessly has been continued on the floor today.
headquarters ultimately approved and gunned down by a suspected criminal? I agree that it never should have come
authorized Operation Fast and Furi- Mr. Speaker, Im embarrassed to say to this, but we are here debating this
ous. However, the contempt citation that after 562 days, I still dont have an resolution solely because of the major-
fails to mention that the committee answer for them. ity. They created the scandal and pro-
has uncovered no evidence that DOJ of- The SPEAKER pro tempore. The duced a showdown during an election
ficials, including the Attorney General, time of the gentlewoman has expired. season just to smear an honorable,
ever approved or authorized Mr. ISSA. I yield the gentlelady an dedicated public servant and to embar-
gunwalking in Operation Fast and Fu- additional 10 seconds. rass his boss.
rious. In fact, the authorization origi- Ms. BUERKLE. Mr. Speaker, I ask: Is I urge my colleagues to reject this
nated at the ATF office in Phoenix, Ar- this the hope that Americans are sup- nakedly partisan abuse of power.
izona, not at DOJ headquarters in posed to believe in out of the sup- Mr. ISSA. Mr. Speaker, it is now my
Washington. posedly most-transparent government honor to yield 1 minute to the distin-
On pages 16, 17, 19, 20, 21, 22, 25, 26, in the history of our Nation? guished Speaker of the House, the gen-
and 27, the contempt citation charges It is my hope, Mr. Speaker, that the tleman from Ohio (Mr. BOEHNER).
DOJ with not producing a series of doc- district court judge will see through
the Attorney Generals contempt of Mr. BOEHNER. I thank my colleague
uments that the chairman only re- for yielding.
cently acknowledged the Department Congress after it is passed in the House
is prohibited by law from providing due today. However, we must not be mis- Its important for the American peo-
to the potential impact on ongoing taken, even if the Attorney General is ple to know how we got here and to
prosecutions. prosecuted, the case is not closed. We know the facts of this case.
The SPEAKER pro tempore. The must not forget that guns leaked The Congress asked the Justice De-
time of the gentleman has expired. through this program claimed lives. partment for the facts related to Fast
Mr. CUMMINGS. I yield the gen- The SPEAKER pro tempore. The and Furious and the events that led to
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tleman an additional 15 seconds. time of the gentlewoman has expired. the death of U.S. Border Patrol Agent
Mr. CONNOLLY of Virginia. In fact, Mr. ISSA. I yield the gentlelady an Brian Terry. The Justice Department
he had to amend his own subpoenas to additional 10 seconds. did not provide the facts and the infor-
delete documents in this very category. Ms. BUERKLE. Mr. Speaker, after mation that weve requested. Instead,
But his contempt citation has not todays vote, we must continue our ef- the information came from people out-
caught up with his most recent version forts to find more answers than there side the Department, people who want-
of his subpoena. are questions relating to this adminis- ed to do the right thing.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4405
In addition to not providing the in- be warranted, a finding of contempt lege, an action the President de-
formation, the administration admit- against the sitting Attorney General of nounced as lacking transparency when
ted misleading Congress, actually re- the United States is most certainly he was campaigning. The Department
tracting a letter it had sent 10 months not. has stood in open defiance of Congress
earlier. In determining whether this House moral and constitutional obligation to
I think all Members understand this should hold our highest-ranking na- conduct oversight of this affair.
is a very serious matter. The Terry tional law enforcement officer in con- The family of Agent Terry deserves
family wants to know how this hap- tempt of Congress, let us remember to know who approved Fast and Furi-
pened, and they have every right to that up until last week the majority of ous. They have the right to know who
have their answers. And the House our committee had been demanding the had the power to stop this program be-
needs to know how this happened, and production of documents that our At- fore he was murdered, and they need an
its our constitutional duty to find out. torney General is legally prohibited explanation as to why the Department
So the House Oversight and Govern- from disclosing and that has caused of Justice took 9 months to withdraw
ment Reform Committee issued a law- much of the delay here. In other words, their false denial that they had ever let
ful and narrowly tailored subpoena. Mr. Holder would have broken the law guns walk into Mexico.
Weve been patient, giving the Justice and likely compromised existing crimi- The SPEAKER pro tempore. The
Department every opportunity to com- nal prosecutions if he adhered to the time of the gentleman has expired.
ply so we can get to the bottom of this majoritys unreasonable request for Mr. ISSA. I yield the gentleman an
for the Terry family. We showed more materials that related to ongoing additional 15 seconds.
Mr. WALBERG. To some on the other
than enough good faith, but the White criminal investigations, Federal wire-
side of the aisle, it seems fine that the
House has chosen to invoke executive tap communications under judicial
people who authorized this operation
privilege. That leaves us no other op- seal, and documents also subject to
still work within the Department of
tions. The only recourse left to the grand jury secrecy rules.
Justice. I dont agree. Theyd rather
House is to continue seeking the truth Let us also be mindful that we are
play politics than uphold Congress
and to hold the Attorney General in considering the extent of cooperation,
right to investigate.
contempt of Congress. or noncooperation, of an Attorney Gen- Todays vote is about accountability.
Now, I dont take this matter lightly. eral who has appeared before Congress Its about making sure another 2,000
I, frankly, hoped it would never come on nine separate occasions, whose Jus- firearms dont end up in the hands of
to this. The Houses focus is on jobs tice Department has produced over Mexican drug cartels. And its about
and on the economy. But no Justice 7,600 pages of documents to oversight bringing closure to the Terry family.
Department is above the law, and no investigators and who continues to I urge my colleagues to support this
Justice Department is above the Con- offer significant accommodations in re- resolution and honor the memory of
stitution, which each of us has sworn sponse to extraordinary and ever- Brian Terry.
an oath to uphold. changing requests for information. Mr. CUMMINGS. Mr. Speaker, I yield
So I ask the Members of this body to Meanwhile, the majority continues 4 minutes to the distinguished gen-
come together and to support this reso- to deny any and all Democratic re- tleman from Maryland (Mr. HOYER).
lution so we can seek the answers that quests to publicly question, under Mr. HOYER. Mr. Speaker, this is a
the Terry family and the American oath, law enforcement officials, includ- sad day for the House of Representa-
people deserve. ing former Director of the ATF, Ken tives. It is an irresponsible day for the
Mr. CUMMINGS. I yield myself 1 Melson, the head of the very Agency House of Representatives. It is a day in
minute. that ran the gunwalking operations which the majority party asked us to
I want to say in response to the such as Fast and Furious. take an action that has never been
Speaker, we, too, are all saddened by Accordingly, its become quite clear taken in the history of Americanever
the tragic death of Border Patrol that what began as a legitimate and onceholding a Cabinet officer in con-
Agent Brian Terry who gave his life in compelling oversight committee inves- tempt of the Congress.
service to his country on December 15, tigation into Operation Fast and Furi- Now, there have been previous con-
2010. ous has deteriorated into an unfortu- tempt citationssome promoted by
nate example of politics and partisan- Democratic committees and some pro-
b 1500
ship at their worst. moted by Republican committees. The
But, Mr. Speaker, despite what my The SPEAKER pro tempore. The average time between committee ac-
colleagues have claimed, this contempt time of the gentleman has expired. tion and consideration on the floor of
vote is not about getting documents Mr. CUMMINGS. I yield the gen- this House is 87 days; time to reflect on
that show how gunwalking was initi- tleman another 15 seconds. an extraordinarily important action
ated and utilized in Operation Fast and Mr. LYNCH. In closing, I urge my with consequences beyond the knowl-
Furious. colleagues on both sides of the aisle to edge of anybody sitting here today.
Now, the only documents in dispute oppose this contempt resolution. Now, I want to tell the chairman,
are the documents created after Fast Mr. ISSA. Mr. Speaker, I now yield 1 with all due respect, I think this inves-
and Furious ended and after Brian Ter- minute to the gentleman from Michi- tigation has been extraordinarily su-
rys death, but we pledge to continue gan (Mr. WALBERG). perficial. I think the chairman has
to find all the answers with regard to Mr. WALBERG. Mr. Speaker, there is failed to call witnesses that could in
the death of Brian Terry. no joy in todays action; but the fact fact give relevant, cogent testimony on
With that, I yield 2 minutes to the remains, 18 months after U.S. Border the issues to bear. That ought to be
distinguished gentleman from Massa- Patrol Agent Brian Terry was mur- done. That is why I will strongly sup-
chusetts (Mr. LYNCH), a member of the dered, the Justice Department has port the motion of the gentleman from
committee. failed to hold anybody accountable for Michigan (Mr. DINGELL), who has
Mr. LYNCH. Mr. Speaker, I would the mistakes of Operation Fast and Fu- served here longer than any of the rest
add that we have 31 Democrats that rious. of us and who is one of the strongest
signed a letter to the Department of As a member of the Oversight and gun control rights supporters in this
Justice and to the White House in the Government Reform Committee, I have Congress.
aftermath of Agent Terrys death to witnessed firsthand the stonewalling What his motion says is: let us re-
fully cooperate in this investigation. by the Department of Justice and At- flect. Let us bring thoughtful judg-
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However, I rise in strong opposition to torney General Holder. At every ques- ment. Let us not, every time that there
this contempt resolution. tion, the Justice Department has re- is the opportunity, choose confronta-
While criticism of the Department of fused to acknowledge what they know tion over cooperation and consensus.
Justice for oversight of the so-called about the gunwalking tactics that led That has been the history of this Con-
gunwalking operationsconducted to Agent Terrys death. Most recently, gress, confrontation over consensus
during both the Bush administration they have hid behind the Presidents every time, and America is suffering
and the current administrationmay erroneous claims of executive privi- because of it.
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H4406 CONGRESSIONAL RECORD HOUSE June 28, 2012
I ask my friends on the Republican nans and all Americans; 115 Members of nothing, and he seeks for nothing.
side of the aislewho know me to be a Congress agree that Americans lack Never in my life have I met a man
bipartisan Member of this body who be- confidence in Mr. Holder and his De- more unconcerned with the search for
lieves in this institution and who cares partment. Every Member of Congress the truth.
about its actions and the precedent should do their constitutional duty and Ive since become even more dis-
that they will setdont do this. Vote hold the Attorney General to be in con- turbed by the depth to which Mr. Hold-
for this motion to refer. Give the chair- tempt today. er and his allies will sink to stonewall
man the opportunity he should have The people of Arizona, California, justice.
taken before to have a full hearing, New Mexico, and Texas, who deal with Yes, this is an unprecedented day, I
calling former Attorney General the unsecured borders and violent agree with you. But not until now have
Mukasey, calling the former head of Mexican cartels on a regular basis, now we had an Attorney General have to re-
the ATF, calling agents who were per- must also live in fear of these firearms. tract so many statements made to the
sonally involved in this proceeding. Some have said that these charges Congress of the United States, the duly
I venture to say that there are very against Attorney General Eric Holder elected Representatives of the people
few Members who will vote on this are racially motivated, and I couldnt of the United States.
issue who have read the committee disagree more. The violent cartels Let us vote to support this motion
proceedings, very few Members who armed by our government have no re- for contempt.
Mr. CUMMINGS. Mr. Speaker, may I
have read the minority report or the gard for party ID or race. Throughout
inquire as to how much time both sides
majority report. Yet theyre about to our Nation and, specifically, in Ari-
have.
take a historic vote to do what has zona, folks from all political parties The SPEAKER pro tempore. The gen-
never been done by any Congress111 and all races are now living in danger tleman from Maryland has 614 minutes
Congresses. Do not take this action. of this lethal violence due to the ac- remaining. The gentleman from Cali-
This is not about Republicans or tions of this administration. fornia has 1114 minutes remaining.
Democrats. This is about our Constitu- Make no mistakes about it, todays Mr. CUMMINGS. I yield 2 minutes to
tion, our country, our respect for a Na- vote is to deliver justice and account- the gentlewoman from New York (Mrs.
tion of laws, not of men. Thats what ability for the Brian Terry family and MALONEY).
this vote is about. We ought not to be the over 300 Mexicans who have died as Mrs. MALONEY. Mr. Speaker, the
voting as Republicans and Democrats; a result of Fast and Furious. Times family of Brian Terry deserves our re-
we ought to be voting as Americans, up. spect, our condolences and our best ef-
Americans committed to justice and Mr. CUMMINGS. I yield 30 seconds to forts to finish the mission, to put an
fair process. the gentleman from Maryland (Mr. end to gun violence on the southern
b 1510 HOYER). border. But instead of going after gun
Mr. HOYER. I thank the gentleman violence, this investigation has gone
I regret that I do not believe this for yielding. after the man that tried to stop the
committee has followed that. I believe On November 1, 2009, our Speaker gun violence, the Attorney General.
that the political motivations behind stood on this floor, outraged about the Chairman ISSA has acknowledged
this resolution are clear and pose a process. We, too, are outraged about that Attorney General Holder did not
clear and present danger to this Na- this process, and let me quote the know about the gunwalking operation.
tion. Speaker: He has acknowledged that the Presi-
The SPEAKER pro tempore. The We will not stand for this. And I would ask dent and the White House did not know
time of the gentleman has expired. my House Republican colleagues and those about the gunwalking operation. Both
Mr. CUMMINGS. I yield the gen- who believe that we should be here pro- the White House and the Attorney Gen-
tleman an additional 30 seconds. tecting the American people, protecting our eral have acknowledged that the
Mr. HOYER. I want to thank the gen- Constitution, not vote on this bill. Lets just
get up and leave.
gunwalking operation was a tragic mis-
tleman from Maryland, my colleague take, that it was badly executed, and
and my friend, for his leadership on My colleagues may well follow that that it originated under the Bush ad-
this effort. advice. ministration.
When we vote on this referral, let us Mr. ISSA. I yield myself 10 seconds, It was Attorney General Holder that
vote as Americans, as I said, not as a and have no doubt that the gentleman terminated the program and requested
partisan issue. You may have the At- will walk off the floor. But his motion an extensive investigation of the oper-
torney General in the future. Its not is asking us also to delay, into an elec- ation and how it was conducted. And
the question of the party of the Attor- tion, getting an answer for the Terry the documents that theyre now re-
ney General. It is the question of family. I know that is not the wise questing in this vast and spurious
whether or not this Congress is going course, and I strongly support that we investigation have absolutely nothing
to provide for equal treatment of all do this today. to do with gunwalking.
Attorney Generals and all Cabinet offi- With that, I yield 1 minute to the If they were really interested in dis-
cers. gentleman from Idaho (Mr. LABRADOR). covering the truth, the committee
Let us vote for this motion to refer Mr. LABRADOR. Mr. Speaker, I would have called Kenneth Melson,
and give the committee the oppor- stand with a heavy heart in support of head of the ATF, as a witness. The
tunity it should take, and let us vote todays contempt resolution. It puts us chairman refused 10 different requests
down this motion that should fail, and another step closer to holding the At- for a hearing with Mr. Melson10 re-
let us vote down these motions for con- torney General accountable for this se- quests.
tempt, and let us thoughtfully consider verely flawed operation and his failure Republicans have not granted one
the equities of this issue. to cooperate with Congress. single Democratic witness request in 16
Mr. ISSA. Mr. Speaker, it is now my The Attorney General has not only months. Not one.
honor to yield 1 minute to the gen- failed to produce all the relevant docu- This is not about discovering the
tleman from Arizona (Mr. GOSAR), an ments; he has misled this Congress and truth. This is about politics. This has
active participant, and from the dis- thereby prevented us from uncovering become an obsessive political vendetta,
trict from which this event sprung. the truth. So how can the Members of pursuing a political agenda in a season
Mr. GOSAR. Mr. Speaker, finding At- the minority say that an investigation of unusually ugly politics.
torney General Eric Holder, Jr. in con- is superficial when we dont even have If they were serious about ending gun
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tempt of Congress is long overdue, but all the documents? violence, they would do what many
welcome news for the American people, When the Attorney General was be- ATF agents have suggested and put
and especially for Arizonans. fore the Committee on Oversight last some teeth in the law; and that is why
As I explained in my recent state- year, I brought to light his historical I authored, with my colleagues, a bill
ment, Mr. Holder has shown his con- pattern of willful ignorance. I high- to make gun trafficking a Federal of-
tempt and utter disdain for our con- lighted his lack of knowledge when fense and strengthen penalties for
stitutional rights, our border, Arizo- under oath. He knows nothing, he says straw purchases.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4407
This unprecedented contempt cita- All we have asked for is the docu- in court months or years from now and
tion is politics at its worst and why ments. All we want are the facts, and with the Departments providing the
this body is held in such low esteem by we have been thwarted. Eric Holder, same documents its offering to provide
the public now. Attorney General of the United States, today. Lets end this partisan exercise
Mr. ISSA. Mr. Speaker, I place in the the highest judicial enforcement offi- now.
RECORD at this time the statement by cer of the United States, has been in Mr. ISSA. I yield myself 15 seconds.
the Terry family regarding Congress- contempt, is in contempt, and is show- I respect my colleague from Cali-
man JOHN DINGELLs criticism of the ing contempt for the Congress and the fornia, as we came in to Congress to-
contempt vote. responsibility under the Constitution gether some 12 years ago; but the fact
TERRY FAMILY STATEMENT WITH REGARD TO of this important committee of Con- is he talked about everything except
CONGRESSMAN JOHN DINGELLS CRITICISM OF gress. the fact that Congress was lied to in a
CONTEMPT VOTE I urge adoption of the contempt reso- false letter and follow-up statement.
On Wednesday, Representative John Din- lution against the Attorney General. Ten months went by. Were only asking
gell invoked the Terry family name while for the information related to the false
saying he would not back the contempt reso- b 1520
statements made to Congress during
lutions but instead wants the Oversight and Mr. CUMMINGS. Mr. Speaker, I yield
Government Reform Committee to conduct a that intervening period and nothing
2 minutes to the gentleman from Cali- more.
more thorough investigation into Operation
fornia (Mr. SCHIFF). I reserve the balance of my time.
Fast and Furious.
Congressman Dingell represents the dis- Mr. SCHIFF. I thank the gentleman Mr. CUMMINGS. I yield 1 minute to
trict in Michigan where Brian Terry was for yielding. the gentlewoman from California, the
born and where his family still resides, but I rise in strong opposition to these minority leader, Ms. PELOSI.
his views dont represent those of the Terry contempt resolutions. Ms. PELOSI. I thank the gentleman
family. Nor does he speak for the Terry fam- I spent 6 years as an assistant U.S. for yielding.
ily. And he has never spoken to the Terry attorney, and I have great admiration
family.
I commend him for his extraordinary
and respect for the hardworking men patriotism, for his commitment to up-
His office sent us a condolence letter when
Brian was buried 18 months ago. Thats the and women of the Department. I have holding our oath of office to protect
last time we heard from him. great respect for our Attorney General, and defend the Constitution, and for
A year ago, after the House Oversight and who I think has been a superb Attorney recognizing full well the congressional
Reform Committee began looking into Oper- General and is a man of great integ- role of oversight of all branches of gov-
ation Fast and Furious, one of Brians sisters rity. I, like most Americans, would ernment. I think we all share the view
called Rep. Dingells office seeking help and like to know about the facts of Fast
answers. No one from his office called back. that Congress has a legitimate role to
and Furious, about the problem of guns play in oversight; thus, your com-
Mr. Dingell is now calling for more inves-
tigation to be conducted before the Attorney crossing our border, about the horren- mittee has so much jurisdiction, and I
General can be held in contempt of Congress. dous violence to the south of our bor- respect that.
The Terry family has been waiting for over der. But what we do today will shed no I think we also all agreeI think we
18 months for answers about Operation Fast light on that. all very, very much agreethat we are
and Furious and how it was related to What we do today will not improve very sad and seek justice for the family
Brians death. If Rep. Dingell truly wants to the situation in terms of gun violence
support the Terry family and honor Brian of Border Patrol Agent Brian Terry.
that has claimed the lives of tens of His loss is a tragedy for all who knew
Terry, a son of Michigan, he and other mem-
bers of congress will call for the Attorney
thousands of Mexican citizens and that him, for all of us who care about him.
General to immediately provide the docu- has claimed the lives of an increasing We offer our condolences to his family.
ments requested by the House Oversight and number of Americans. What we are So sad. But thats not what we are here
Government Reform Committee. doing today is simply a partisan abuse to debate, what we agree upon.
Mr. ISSA. Mr. Chairman, Im sure of the contempt power. Thirteen per- What we are here to debate is some-
that the gentlelady from New York cent of the American people think thing very, very large because it is a
recognizes that the right of a minority highly of Congress, and today those 13 major disagreement between the two
hearing has not been exercised, and percent are wondering why. What we sides of the aisle hereand Im sorry to
that would have answered the ques- do will cause no injury to the Depart- say thatabout what our responsibil-
tions, as they are well aware, about ment, but it will cause great injury to ities are to the Constitution of the
bringing Kenneth Melson before the this House. United States. The Constitution re-
committee. That would be their right. The Justice Department, after pro- quires Congress and the executive
They did not exercise their right. viding 8,000 documents and extensive branch to avoid unnecessary conflict
I yield 1 minute to the gentleman testimony, is now being required to and to seek accommodations that serve
from Florida (Mr. MICA), the senior turn over privileged materials; and like both their interests. Thats how the
member of the committee. all administrations before it, it has re- Constitution guides us.
Mr. MICA. I thank the gentleman for luctantly used executive privilege to As Attorney General William French
yielding. respectfully refuse to provide materials Smith, who served under President
When the Founding Fathers created it cannot provide. So now we are here, Ronald Reagan, said:
our government and established the bringing a contempt motion against The accommodation required is not simply
committees in Congress, they had au- the Attorney General, who our com- an exchange of concessions or a test of polit-
thorizing committees and they had ap- mittee chairman acknowledges was not ical strength. It is an obligation of each
propriating committees. In 1808, the aware of Fast and Furious. They dont branch to make a principled effort to ac-
predecessor of this committee was es- expect any documents to show he was knowledge and, if possible, to meet the le-
tablished for a fundamental reason, aware of Fast and Furious. Yet we are gitimate needs of the other branch.
and thats to make certain that pro- going to hold this Cabinet official in Mr. Speaker, on the floor today, the
grams and funding were properly exe- contempt? Republicans in Congress are not mak-
cuted and used by agencies created by That is an outrageous abuse of the ing a principled effort to acknowledge
Congress. contempt power. What will happen or to meet the legitimate needs of the
Congress created the law that cre- when this Congress actually needs to other branch. What they are doing is
ated the Department of Justice. Con- use the contempt power for a legiti- exploiting a very unfortunate cir-
gress funded the programs that are mate purpose? Will anyone still recog- cumstance for reasons that I cannot
rfrederick on DSK6SPTVN1PROD with HOUSE
under the Department of Justice. Its nize it? even characterize, so I wont; but I will
our responsibility to investigate when I urge the Speaker to withdraw this say this without any fear of contradic-
things go wrong. And things went motion as, indeed, Speaker Gingrich tion:
wrong. An agent of the United States withdrew the motion in his day and let The basic premise that this debate is
was murdered with weapons which the parties work it out. We both know, predicated on today is a false premise.
were funded by the agency that we cre- Democrats and Republicans, how this It is factually not true. In how many
ated. will end. It will end with a settlement more ways can I say that? So we have
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H4408 CONGRESSIONAL RECORD HOUSE June 28, 2012
a debate predicated on a false premise. heinous act, the first time in the his- almost unbelievable. Not that what
What can that lead to that has any tory of our country, to bring contempt theyre saying is believable, but unbe-
good outcome? It is a situation in against a Cabinet officer. You would lievable that they would say it.
which we have a contempt of Congress think theyd be more careful about I say to those who have a doubt
resolution against a sitting Cabinet what they say. But being careful about about how they want to proceed, that
member, which is the first time in the what they say is apparently not part of instead of doing what I said before,
over-200-year history of our country their agenda. which was just to come and treat this
that this has ever happened. Again, I know in our caucus there is a mixed as a resolution before the Congress and
what is the motivation? response to this. Theyre acting politi- express my no, after listening to the
Secondlyand thats why I quoted cally; we should act politically. We unconscionable presentation, I want to
the Constitutionthis motion is not a shouldnt vote on this; I want to vote join my CBC colleagues in boycotting
principled effort to resolve the issue. If no. I think Members have to make the vote when we have the walkout
it were, we would not be able to meas- their own decision about that. Im very after we have the debate over Mr. DIN-
ure in hours and days, not even weeks, moved by the efforts of our Congres- GELLs motion.
the rushthe railroadingof a resolu- sional Black Caucus to say that theyre We all take our responsibilities seri-
tion of contempt of Congress that the going to walk out on this. Perhaps ously here, and one of them first and
Republicans passed last week and are thats the best approach for us to take. foremost is to support, uphold, and de-
bringing this week to the House floor. How else can we impress upon the fend the Constitution of the United
I say this because I took considerable American people, without scaring States. That Constitution requires the
heat myself when we brought contempt them, about what is happening here? Congress and the executive branchas
charges against two staff people at the What is happening here? What is hap- I beganto avoid unnecessary conflict
White HouseJosh Bolton and Harriet pening here is shameful. What is hap- and seek accommodation to serve both
Miers412 years ago. We were asking pening here is something that we all interests, the executive branch and the
for some papers. We got nothing, as I have an obligation to speak out legislative branch. We are not uphold-
said to my friends, not even a wrapper against. Because Im telling you it is ing that aspect of the Constitution
of a piece of gum. Nothing. Eric Holder today, and its anybody here.
Stonewalled. Nothing. Yet, at the time, else tomorrow on any charge they can I urge my colleagues to vote no, or
our chairman of the Judiciary Com- drum up. a no vote, but to seriously reject.
mittee, Mr. CONYERS, and our House As has been said, the fact is that the Lets hope that this will not be re-
leadership, Mr. HOYER and others, kept papers that they have seen, they know peated. But Im telling you, its Eric
saying, Find a way. Exhaust every are exculpatory. That means there is Holder one day, and you dont know
remedy so that we do not have to take no blame on the Attorney General, and who it is the next because of the frivo-
this action of bringing a contempt they know that. Thats why they dont lousness with which they treat a seri-
charge to the floor of the House. want to bring those responsible for this ous responsibility of the House of Rep-
For over 200 days, we tried, we tried, before their committee, and thats why resentatives. Its appalling.
we tried to resolve the situation. When I commend Chairman DINGELL for his Mr. ISSA. As I know the former
we could not, we brought it to the leadership in the motion that he will Speaker of the House knows, the Attor-
floortwo staff people at the White bring to the floor momentarily, a mo- ney General is being held in contempt
Housewhich is in stark contrast to tion of referral, so that we can get to as the custodian of the records for re-
the rush of one week to the next for an the bottom of this, so that we can see fusing to deliver them, and not because
unsubstantiatednot even factual how this happened, so that we can offer we got to choose how far up or not to
charge against the Attorney General of some solace to Brian Terrys family, go.
the United States. and so that we can have some sense of With that, I yield 1 minute to the
It may just be a coincidenceI dont decency about what should happen on gentleman from Utah (Mr. CHAFFETZ).
the floor of the House. Mr. CHAFFETZ. Mr. Speaker, Leader
knowthat the Attorney General of
It seems to me the more baseless the PELOSI seriously questioned our moti-
the United States, the chief legal offi-
charge, the higher up they want to go vations here. Let me be crystal clear
cer of our country, has a responsibility
with the contempt. The less they have what my motivation is. We have a dead
to fight voter suppression, which is
to say that is real, the higher up they United States agent. We have more
going on in our country; has refused to
want to bring the contempt charge. than 200 dead people in Mexico. We
defend the constitutionality of DOMA
I have always tried to make it a have more than 2,000 weapons that
because he doesnt believe its constitu-
habit of not questioning the motiva- were knowingly and willfully given to
tional; or has some major disagree-
tion of people. They believe what they the drug cartels. More than 1,000 of
ments on immigration, which fall
believe, we believe what we believe, those weapons are still missing. Most
under the enforcement of immigration
and we act upon our beliefs. It always of them are AK47s. We have a duly
law.
interested me that in this Congress issued subpoena that has not been re-
b 1420 somebody can bring something to the sponded to.
It may just be a coincidence that floor that is not true. But if I were to On February 4, 2011, on Department
those are part of his responsibilities, or call someone a misrepresenter of that of Justice letterhead, they presented
maybe it isnt. But the fact is is that information, my words would be taken the United States Congress a letter
the chief legal officer of our country down. So I guess that gives them lib- that was a lie. It took them nearly 9 to
and his staff have to spend enormous erty to say anything because its in the 10 months to provide that information
psychic and intellectual energy and form of a motion. and say, Whoops, sorry. Thats not
time dealing with this unprincipled ef- Lets make sure that we all take re- good enough.
fort on the part of the Republicans. sponsibility for doing the right thing This is not about Eric Holder. This is
Just when you think you have seen it by not letting there be an abuse of about the Department of Justice and
all, just when you think they couldnt power, an abuse of this floor of the justice in the United States of Amer-
possibly go any further over the edge, House, an abuse of the time of the ex- ica. I would hearken back to the June
they come up with something like this. ecutive branch, an abuse of the time of 3, 2011, letter that 31 brave Democrats
Its stunning. It really is. I dont mean a member of the Cabinet who has seri- sent to the White House. I will read
that in meaning its beautiful. Its ous responsibilities to our country. part of this. And remember, this is
rfrederick on DSK6SPTVN1PROD with HOUSE
stunning. It stops you in your tracks I urge my colleagues to do what they about a year ago:
because you say: How far will they go? want as far as walking off. I myself had It is equally troubling that the Depart-
ment of Justice has delayed action and with-
Have they no limits? Apparently, not. said that I was coming to this floor to
held information from congressional inquir-
The temptation is to say: Lets just vote against this resolution. I thought ies.
ignore the whole thing, to not dignify it was so wrong that there was no ques-
what theyre doing by even being tion to take the opportunity to vote b 1540
present on the floor when they do this no. But listening to the debate, it is He went on to say:
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4409
While the Department of Justice can and have to move with the contempt cita- the Omnibus Crime Control and Safe Streets
should continue its investigation, those ac- tion, the President of the United Act, and are sometimes referred to as T
tivities should not curtail the ability of Con- States issues an executive order claim- IIIs.
gress to fulfill its oversight duty. We urge The use of federal wire intercepts requires
ing executive privilege. Something is a significant amount of case-related infor-
you to instruct the Department of Justice to
promptly provide complete answers to all funny. mation to be sent to senior Department offi-
congressional inquiries. The SPEAKER pro tempore. The cials for review and approval. All applica-
time of the gentleman has expired. tions for federal wiretaps are authorized
The SPEAKER pro tempore. The under the authority of the Assistant Attor-
time of the gentleman has expired. Mr. ISSA. I yield the gentleman an
additional 30 seconds. ney General for the Criminal Division. In
Mr. ISSA. I yield the gentleman an practice, a top deputy for the Assistant At-
additional 15 seconds. Mr. BURTON of Indiana. Something torney General has final sign-off authority
Mr. CHAFFETZ. Nothings changed is wrong. Theres just no question. before the application is submitted to a fed-
in over a year. But I will tell you this: Something is being hidden from the eral judge for approval. This deputy must en-
Brian Terry doesnt have answers. You Congress and the American people. And sure that the wiretap application meets stat-
no matter how much is being said here utory requirements and Justice Department
dont have answers. I dont have an- policy. The approval process includes a cer-
swers. I want all the facts. Thats what tonight, the fact of the matter is we
arent getting the information. tification that the wiretap is necessary be-
were asking for today, the facts, all of cause other investigative techniques have
them. A Border Patrol agent has been been insufficient. Therefore, making such a
Mr. CUMMINGS. I will remind the killed, maybe two. Hundreds of people judgment requires a review of operational
gentleman that all of this started have been killed in Mexico with Amer- tactics. Since gunwalking was an investiga-
under President Bush. ican guns that our government knew tive technique utilized in Fast and Furious,
I reserve the balance of my time. were going across that border. The At- then either top deputies in the Criminal Di-
torney General has not been giving us vision knew about the tactics employed as
Mr. ISSA. I would recognize myself part of their effort to establish legal suffi-
for 10 seconds. the information. The Justice Depart-
ciency for the application, or they approved
The distinguished gentleman from ment has been hiding it from the Con- the wiretap applications in a manner incon-
Maryland can have an opinion, but he gress and the American people, and the sistent with Department policies.
cant have his facts. President has claimed executive privi- From the beginning, ATF was transparent
Fast and Furious was an OCDETF op- lege. If that doesnt tell you some- about its strategy. An internal ATF briefing
eration that began under President thing, nothing will. paper used in preparation for the OCDETF
Mr. CUMMINGS. I reserve the bal- application process explained as much:
Obama and Attorney General Holder. Currently our strategy is to allow the
No ifs, no ands, no buts. And I would ance of my time. transfer of firearms to continue to take
trust that the gentleman would no Mr. ISSA. Mr. Speaker, I would in- place, albeit at a much slower pace, in order
longer make statements that would be quire of how much time is remaining. to further the investigation and allow for the
less than truthful. The SPEAKER pro tempore. The gen- identification of co-conspirators who would
And I reserve the balance of my time. tleman from California has 612 minutes continue to operate and illegally traffic fire-
Mr. CUMMINGS. I yield myself 15 remaining. The gentleman from Mary- arms to Mexican DTOs which are perpe-
seconds. land has 114 minutes remaining. trating armed violence along the Southwest
Mr. ISSA. I thank the Speaker. Border.
Again, the gentleman puts out state-
ments in search of facts. I submit the following: * * * * *
I reserve the balance of my time. The ultimate goal is to secure a Federal T
HOUSE OF REPRESENTATIVES,
III audio intercept to identify and prosecute
Mr. ISSA. With that, I yield 1 minute COMMITTEE ON OVERSIGHT
all co-conspirators of the DTO. . . .
to the distinguished gentleman from AND GOVERNMENT REFORM,
Tracking the illegally-purchased guns
Indiana (Mr. BURTON), the former Washington, DC, May 24, 2012. after they left the premises of Federal Fire-
chairman of the Oversight Committee. Hon. ELIJAH E. CUMMINGS, arms Licensees (FFLs) would allow ATF and
Ranking Member, Committee on Oversight and federal prosecutors to build a bigger case,
Mr. BURTON of Indiana. I thank the
Government Reform, House of Representa- one aimed at dismantling what was believed
gentleman for yielding. tives, Washington, DC.
There has been a lot of hyperbole and to be a complex firearms trafficking net-
DEAR RANKING MEMBER CUMMINGS: Last work. The task force failed, however, to
a lot of repetition, but a lot of the February, I joined Senator Grassley in inves- track the firearms. Instead, according to the
things that have been said havent tigating Operation Fast and Furious, the testimony of ATF agents, their supervisors
really been factual. So lets look at the reckless and fundamentally flawed program ordered them to break off surveillance short-
facts: conducted by the Phoenix Field Division of ly after the guns left the gun stores or were
Brian Terry was murdered. Hundreds the Bureau of Alcohol, Tobacco, Firearms, transferred to unknown third parties. Many
of people have been murdered in Mex- and Explosives (ATF). As you know, during of the firearms purchased were next seen at
Fast and Furious, ATF agents let straw pur- crime scenes on both sides of the border.
ico with guns that went across the bor-
chasers illegally acquire hundreds of fire- THE FAST AND FURIOUS GUN TRAFFICKING
der. The Justice Department said in arms and walk away from Phoenix gun
February of 2011 that they had no NETWORK WAS NOT COMPLEX
stores. The misguided goal of this operation
knowledge about this, and then 10 We now know the gun trafficking ring that
was to allow the U.S.-based associates of a
Fast and Furious was designed to target was
months later, they admitted they lied. Mexican drug cartel to acquire firearms so
relatively straightforward. It involved ap-
Now they said they didnt know, and they could be traced back to the associates
proximately 40 straw purchasers; a money-
then they said they did. I dont know once the firearms were recovered at crime
man, Manuel Celis-Acosta (Acosta), and; two
what you call that, but to me, its a lie. scenes. On December 15, 2010, two guns from
figures tied to Mexican cartels. Acosta and
the Fast and Furious operation were the
Then Chairman ISSA tried again and the cartel figures were the top criminals tar-
only ones found at the scene of U.S. Border
again to get information so we could geted by ATF and the U.S. Attorneys Office.
Patrol Agent Brian Terrys murder. On January 19, 2011, 20 suspects were in-
get to the bottom of this, like the 32
AN ORGANIZED CRIME DRUG ENFORCEMENT TASK dicted, including Acosta and 19 of his straw
Democrats wanted, and they refused. FORCE (0CDETF) WIRETAP CASE buyers. In all, it is believed that the Fast
He sent subpoenas; they refused. They and Furious network purchased approxi-
Operation Fast and Furious got its name
hid behind this being an ongoing inves- when it became an official Department of mately 2,000 firearms. An internal ATF docu-
tigation and they couldnt give those Justice Organized Crime Drug Enforcement ment dated March 29, 2011, shows that of the
documents. We got a fraction of the Task Force (OCDETF) Strike Force case. indicted defendants, only a select few pur-
documents that should have been given The OCDETF designation resulted in funding chased the majority of the firearms, and
to us, but they wouldnt do that. for Fast and Furious from the Justice De- nearly all of the purchases occurred after
ISSA met with the Attorney Generals partments headquarters in Washington, D.C. ATF knew that these defendants were straw
rfrederick on DSK6SPTVN1PROD with HOUSE
The Strike Force designation meant that it purchasers working with Acosta. These four
people to try to come to some conclu- indicted defendants alone illegally purchased
sion, some kind of a resolution of this would not be run by ATF, but would instead
create a multi-agency task force led by the nearly 1,300 firearms: Uriel Patina (720), Sean
so we wouldnt have to move the con- U.S. Attorneys Office. The designation also Steward (290), Josh Moore (141), and Alfredo
tempt citation; nothing, absolutely meant that sophisticated law enforcement Celis (134).
nothing. techniques such as the use of federal wire THE GOALS OF OUR INVESTIGATION
And then finally, at the 11th hour, intercepts, or wiretaps, would be employed. A central aim of our investigation has been
when we knew that we were going to Federal wiretaps are governed by Title III of to find out why and how such a dangerous
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H4410 CONGRESSIONAL RECORD HOUSE June 28, 2012
plan could have been conceived, approved, conformed to Justice Department policy. tion a federal judge somewhere in the United
and implemented. Who in ATF and the Jus- The information is as vast as it is specific. States that we believe it is a credible re-
tice Department knew about the volume of This wiretap application, signed by Deputy quest. But we cannotthose now 22 lawyers
guns being purchased? Who approved of the Assistant Attorney General Kenneth Blanco that I have who review this in Washington
case at various stages as it unfolded? Under under the authority of his supervisor, Assist- and it used to only be sevencan not and
whose authority did this occur? Who could ant Attorney General Breuer, provides new should not replace their judgment, nor can
haveand should havestopped it? By close- insight into who knewor should have they, with the thousands of prosecutors and
ly examining this disastrous program, our knownwhat and when in Operation Fast agents all over the country. Theirs is a legal
Committee hopes to prevent similar reckless and Furious. analysis; is there a sufficient basis to make
operations from using dangerous tactics like To assist you in better understanding the this request.
gunwalking ever again. Our investigation facts, I appreciate the opportunity to provide Assistant Attorney General Breuer failed
also aims to determine what legislative ac- relevant and necessary context for some of to acknowledge that before a wiretap appli-
tions might be necessary to ensure that such the information in this wiretap application. cation can be authorized, it must adhere to
a program will not happen again. Due to the sensitivity of the document, indi- Justice Department policy. Yet, the oper-
THE DEPARTMENTS FAILURE TO COMPLY WITH vidual targets and suspects will be referred ational tactics included in the enclosed wire-
THE COMMITTEES SUBPOENAS to with anonymous designations. You will tap applicationincluding abandoning sur-
Our Committee is still entitled to thou- notice, however, that the individuals re- veillance and not interdicting firearmsvio-
sands of documents responsive to our sub- ferred to in the wiretap application are well- late Department policy. According to Deputy
poenas. These documents will undoubtedly known to our investigation. Although senior Attorney General Cole, operations allowing
shed more light on the misguided tactics Department officials authorized this applica- guns to cross the border do indeed violate
used in Operation Fast and Furious. If the tion on March 15, 2010, a mere four months Department policy. In an e-mail he sent to
Justice Department changes course and com- after the investigation began, it contains a southwest border U.S. Attorneys on March 9,
plies with the Committees subpoenas, some breathtaking amount of detail. 2011, Deputy Attorney General Cole stated,
of these documents will cover the targets of The detailed information about the oper- I want to reiterate the Departments pol-
an FBI investigation of the individuals who ational tactics contained in the applications icy: We should not design or conduct under-
were the link between the drug cartels and raises new questions about statements of cover operations which include guns crossing
the Fast and Furious firearms trafficking senior Justice Department officials, includ- the border.
ing the Attorney General himself. Before the The Committee understands the limita-
ring. Other documents will chronicle the De-
Senate Judiciary Committee on November 8, tions of the Office of Enforcement Oper-
partments response to allegations of whis-
2011, the Attorney General testified: ations function. Nevertheless, when pre-
tleblowers following Agent Terrys death and
I dont think the wiretap applicationsIve sented with alarming details such as those
how it shifted its position from the outright
not seenIve not seen them. But I dont contained in this application, a sensible law-
denial that there was any misconduct to the
knowI dont have any information that in- yervested with the important responsi-
Departments formal withdrawal of its false
dicates that those wiretap applications had bility of recommending to the Assistant At-
statement in December 2011.
Most importantly, as you are well aware, anything in them that talked about the tac- torney General whether a wiretap should be
we are still waiting for documents relating tics that have made this such a bone of con- authorizedmust raise the alarm. Senior of-
to the individuals who approved the tactics tention and have legitimately raised the ficials reviewing the application for legal
employed in Fast and Furious. In his recent concern of members of Congress, as well as sufficiency and/or whether Justice Depart-
letter to me, Deputy Attorney General those of us in the Justice Department. IId ment policy was followed, however, failed to
James Cole asserted that such documents be surprised if the tactics themselves about identify major problems that these manifold
will not answer the question of what sen- gun walking were actually contained in facts suggested.
ior officials were in fact notified of the unac- thosein those applications. I have not seen MARCH 2010 WIRETAP APPLICATION STATES THE
ceptable tactics used in Fast and Furious. them, but I would be surprise[d] [if that] MAIN SUSPECT HAD INTENT TO ACQUIRE FIRE-
This statement is deeply misleading. We are were the case. ARMS FOR THE PURPOSE OF TRANSPORTING
At a hearing before our Committee on Feb- THEM TO MEXICO
aware of specific documents that lay bare
ruary 2, 2012, the Attorney General also de- According to the wiretap application ob-
the fact that senior officials in the Depart-
nied that any information relating to tactics tained by the Committee, as early as Decem-
ments Criminal Division who were respon-
appeared in the wiretap affidavits. He testi- ber 2009, the task force had identified the
sible for approving the applications in sup-
fied: main suspect in Fast and Furious (Target 1),
port of the Fast and Furious wiretap author-
I think, first off, there is no indication a figure well-known to our investigation.
ization requests were indeed made aware of
that Mr. Breuer or my former deputy were The affidavit provides transcripts of entire
these questionable tactics. Coles letter goes
aware of the tactics that were employed in conversations obtained through a prior DEA
on to state that Department leadership was
this matter until everybody I think became wire intercept. These conversations dem-
unaware of the inappropriate tactics used in
aware of them, which is like January Feb- onstrate that key suspects in Operation Fast
Fast and Furious until allegations about
ruary of last year. The informationI am and Furious were running a firearms traf-
those tactics were made public in early
not at this point aware that any of those tac- ficking ring. In one conversation that took
2011. That statement is even more mis-
tics were contained in any of the wiretap ap- place on December 11, 2009, Unknown Person
leading and utterly false. The information
plications. 1 asks, Can you hold them [firearms] for me
provided to senior officials in the affidavits Contrary to the Attorney Generals state-
accompanying the wiretaps includes copious there for a little while there? Target 1 re-
ments, the enclosed wiretap affidavit con-
details of the reckless investigative tech- sponds, Well its that I do not want to have
tains clear information that agents were
niques involved. Senior department leaders them at home, dude, because there is a lot of
willfully allowing known straw buyers to ac-
were not only aware of these tactics. They . . . uh, its too much heat at my house.
quire firearms for drug cartels and failing to
approved them. Unknown Person 1 then asked where he
interdict themin some cases even allowing
WIRETAP APPLICATION OBTAINED BY THE could store the firearms and Target 1 re-
them to walk to Mexico. In particular, the
COMMITTEE sponds, [m]ake arrangements with that guy
affidavit explicitly describes the most con-
The Committee has obtained a copy of a [Straw Purchaser X], call him back and
troversial tactic of all: abandoning surveil-
Fast and Furious wiretap application, dated make arrangements with him. The affidavit
lance of known straw purchasers, resulting
March 15, 2010. The application includes a acknowledges that while monitoring the
in the failure to interdict firearms.
memorandum dated March 10, 2010, from As- The Justice Departments Office of En- DEA target telephone numbers, law enforce-
sistant Attorney General of the Criminal Di- forcement Operations reviews the wiretap ment officers intercepted calls that dem-
vision Lanny A. Breuer to Paul M. OBrien, applications to ensure that they are both le- onstrated that Target 1 was conspiring to
Director, Office of Enforcement Operations, gally sufficient and conform to Justice De- purchase and transport firearms for the pur-
authorizing the wiretap application on be- partment policy. Deputy Attorney General pose of trafficking the firearms from the
half of the Attorney General. The memo- James M. Cole has verified this under- United States to Mexico,
randum from Breuer was marked specifically standing. In a letter he sent to Congress on MARCH 2010 WIRETAP APPLICATION STATES THAT
for the attention of Emory Hurley, the lead January 27, 2012, he stated that the Depart- NEARLY 1,000 FIREARMS HAD ALREADY BEEN
federal prosecutor for Operation Fast and ments lawyers help AUSAs and trial attor- PURCHASED, AND THAT MANY WERE RECOV-
Furious. neys ensure that their wiretap packages ERED IN MEXICO
In response to your personal request, I am meet statutory requirements and DOJ poli- The Probable Cause section of the affidavit
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enclosing a copy of the wiretap application. cies. When Assistant Attorney General shows that ATF was aware that from Sep-
Please take every precaution to treat it Breuer testified last November about the tember 2009 to March 15, 2010, Target I ac-
carefully and responsibly. I am hopeful that wiretap approval process, however, he stated: quired at least 852 firearms valued at ap-
it will assist you in understanding the infor- [The role of the reviewers and the role of proximately $500,000 through straw pur-
mation brought to the attention of senior of- the deputy in reviewing Title Three applica- chasers. As of March 15, 2010, twenty-one
ficials in the Criminal Division charged with tions is only one. It is to insure that there is straw purchasers had been identified. Be-
reviewing the contents of the applications to legal sufficiency to make an application to tween September 23, 2009, and January 27,
determine if they were legally sufficient and go up on a wire, and legal sufficiency to peti- 2010, 139 firearms purchased by these straw
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4411
purchasers were recovered81 of which were The very next day, nine of these firearms ation Fast and Furious. The affidavit reveals
in Mexico. These recoveries occurred one to were recovered during a police stop of a third that the Justice Department has been mis-
49 days after their purchase in Arizona. person in Douglas, Arizona, on the U.S.-Mex- representing important facts to Congress and
MARCH 2010 WIRETAP APPLICATION DESCRIBES ico border. Five days later, Straw Purchaser withholding critical details about Fast and
HOW SMUGGLERS WERE BRINGING FIREARMS Z bought another 43 firearms from an FFL. Furious from the Committee for months on
INTO MEXICO On December 24, 2009, Straw Purchaser Z end. As the primary investigative arm of
The wiretap affidavit details that agents bought even more firearms, purchasing 40 Congress, our Committee has a responsi-
were well aware that large sums of money AK47 type rifles from an FFL. All of these bility to demand answers from the Depart-
were being used to purchase a large number rifles were recovered on January 13, 2010, in ment and continue the investigation until
of firearms, many of which were flowing El Paso, Texas, near the U.S./Mexico border. we get all the facts.
across the border. For example, in the span Although the individual found in possession Sincerely,
of one month, Straw Purchaser Z bought 241 of all these guns provided the first name of DARRELL ISSA.
firearms from just three cooperating FFL,s. the purchaser, agents did not arrest the indi- Chairman.
Of those, at least 57 guns were recovered vidual or the purchaser. Mr. ISSA. I now yield 1 minute to the
shortly thereafter either in the possession of Though the wiretap application states that gentleman from Oklahoma (Mr.
others or at crime scenes on both sides of the agents were conducting surveillance of
known straw purchasers, none of these weap-
LANKFORD).
border. The wiretap affidavit even shows Mr. LANKFORD. Mr. Speaker, this is
that ATF agents knew the tactics the smug- ons were interdicted. No arrests were made.
MARCH 2010 WIRETAP DETAILS HOW FAST AND
a truly sad day. This is not stunning,
glers were using to bring the guns into Mex-
FURIOUS FIREARMS HAD BEEN FOUND AT as I have heard. This is a deliberative
ico.
According to the affidavit: The potential CRIME SCENES IN MEXICO process that weve tried to work
interceptees conspire with each other and The wiretap affidavit also details the very through.
others known to illegally traffic firearms to sort time-to-crime for many of the fire- We have a border agent thats been
Mexico. The potential interceptees purchase arms purchased during Fast nd Furious. For killed. We have hundreds of Mexicans
firearms in Arizona and transport them to example, on November 6, 2009, November 12, that have been killed. And the finger-
Mexico or a location in close proximity of 2009, and November 14, 2009, Straw Purchaser prints on all of that go straight back to
the United States/Mexico border. The poten- Y purchased a total of 25 AK47 type firearms an operation that was done by the Fed-
tial interceptees deliver the firearms to indi- from an FFL in Arizona. On November 20, eral Government. This is a moment to
vidual(s) both known and unknown who then 2009just eight days laterMexican officials
transport them into Mexico and/or the po- recovered 17 of these firearms in Naco, So-
get all of the facts, to get it on the
tential interceptees transport the firearms nora, Mexico. Another straw purchaser, table, find out what happened, and to
across the border and deliver them to cus- Straw Purchaser Q, purchased a total of 17 get it done.
tomers both known and unknown. AK47 type firearms from an FFL on Novem- Now, we started with a subpoena
The fact that ATF knew that Target 1 had ber 3, 2009, November 10, 2009, and November process, over 22 different categories.
acquired 852 firearms and had the present in- 12, 2009. Then, on December 9, 2009, Mexican We narrowed that down to one. How do
tent to move them to Mexico should have officials recovered 11 of these firearms in we get the documents from the time of
prompted Department officials to act. De- Mexicali, Baja California, Mexico, along with February 4 of last year, when the De-
partment officials should have ensured that approximately 421 kilograms of cocaine, 60
the firearms were interdicted immediately partment of Justice told us one thing,
kilograms of methamphetamine, 48 addi-
and that law enforcement took steps to dis- tional firearms, 392 ammunition cartridges,
and December, when they said, Oops,
rupt any further straw purchasing and traf- $2 million in U.S. currency, and $800,000 in and changed their story? We found out
ficking activities by Target 1. Similarly, by Mexican currency. that they had not told us the truth.
way of example, if Criminal Division attor- Once again, although ATF was aware of And in that time period when they
neys were reviewing a wiretap affidavit that these facts, no one was arrested, and ATF stalled, stalled, stalled, stalled, we just
showed that human trafficking was taking failed to even approach the straw purchasers. want the information on that. How did
place for the purpose of forcing humans into Upon learning these details through its re- this occur?
slavery, the attorneys should act to make view of this wiretap affidavit, senior Justice This is essential because Phoenix
sure such a practice would not continue. Ac- Department officials had a duty to stop this
cordingly, Target ls activities should have operation. Further, failure to do so was a
ATF had a plan, Fast and Furious. It
provoked an immediate response by the violation of Justice Department policy. was then approved by the U.S. attorney
Criminal Division to shut him and his net- STRAW PURCHASERS HAD MEAGER FINANCIAL
in that area, and then went up the food
work down. MEANS chain to the Department of Justice,
MARCH 2010 WIRETAP APPLICATION CONTAINS The affidavit provides details of the straw where it was signed off. This is not ir-
DETAILS OF DROPPED SURVEILLANCE purchasers financial records. As of March 15, relevant. It is essential that we know
The wiretap affidavit also describes fire- 2010, just four straw purchasers had spent the process of how this was done. If
arms purchases by individual straw pur- $373,206 in cash on firearms. Yet, these same were going to fix this problem, weve
chasers. For example, Straw Purchaser Y straw purchasers had only minimal earnings got to know the facts. Instead, theyre
purchased five AK47 type firearms on De- in Fiscal Year (FY) 2009. Straw Purchaser Q being withheld.
cember 10, 2009, and surveillance units ob- earned $214 per week, while Straw Purchaser Mr. CUMMINGS. I will continue to
served Straw Purchaser Y travel from the Y earned only $188 per week. Straw Pur-
FFL where he made the purchase to Target reserve the balance of my time.
chaser Z earned $9,456.92 during FY 2009, and
ls residence. The next day, surveillance Mr. ISSA. Mr. Speaker, as a point of
Straw Purchaser X did not report any in-
units observed Straw Purchaser Y purchase come whatsoever. inquiry, do I have the right to close?
an additional 21 AK47 type firearms, and The SPEAKER pro tempore. The gen-
within an hour, arrive at Target ls home. Money spent on tleman from California has the right to
On December 8, 2009, agents observed Name firearms by FY 2009 income*
3/15/10 close.
Straw Purchaser Z purchase 20 AK47 type Mr. ISSA. Then I will reserve my
firearms. While Straw Purchaser Z was mak- Straw Purchaser Y ........................ $128,580 $9,776 right to close.
ing this purchase, Z saw a commercial deliv- Straw Purchaser Q ........................ 64,929 11,128
Straw Purchaser X ........................ 39,663 None reported Mr. CUMMINGS. Does the gentleman
ery truck arrive at the gun store with a ship- Straw Purchaser Z ........................ 140,034 9,456 have any further requests for time?
ment of an additional 20 AK47 type fire-
Total ..................................... $373,206 Mr. ISSA. No, I do not.
arms. Straw Purchaser Z then told FFL em-
Mr. CUMMINGS. Mr. Speaker, as the
ployees that he wanted to purchase those ad- *Incomes based on weekly incomes detailed in wiretap application.
ditional firearms. Later that same day, Democratic leader said, there is no
Straw Purchaser Z returned to the FFL to These straw purchasers did not have the fi- doubt that the Constitution gives Con-
buy them. After Straw Purchaser Z left the nancial means to spend tens of thousands of gress the right and responsibility to in-
FFL with the firearms, Phoenix police offi- dollars each on guns. Yet, ATF allowed them vestigate. But the Constitution also re-
cers conducted a vehicle stop on Straw Pur- to continue acquiring firearms without ap-
proaching them to inquire how they were
quires something else. It requires Con-
chaser Zs vehicle and identified two of the gress and the executive branch to avoid
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passengers as Straw Purchaser Z and Target able to obtain the funds to do so. ATF also
failed to alert the FFLs with this informa- unnecessary conflict and deceit, ac-
1. The officers observed the firearms in the
tion so that they could make more fully in- commodations that serve both of their
bed of the truck and asked the subjects
about the firearms. Straw Purchaser Z told formed decisions as to whether to continue interests.
them he had purchased the firearms and they selling to these straw purchasers. In this case, the Attorney General
belonged to him. ATF agents continued sur- CONCLUSION has testified nine times. He has pro-
veillance until the vehicle arrived at Target The wiretap affidavit reveals a remarkable vided thousands of pages of documents.
ls residence. amount of specific information about Oper- He has provided 13 pages of deliberative
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H4412 CONGRESSIONAL RECORD HOUSE June 28, 2012
internal documents, and he is willing clined prosecutions because of failed predecessors watch and for a very long
to provide even more to me, the recent techniques. time we have not done a good job of
demands of Chairman ISSA. All of these were shut down during overseeing the actions of field agents
But House Republican leaders are not the Bush administration. President when it comes to guns.
honoring their constitutional obliga- Bush can take no credit for it. He But, again, were here today, for the
tions. In fact, they are running in the didnt know it. As far as I know, the first time in over 200 years, to deal
wrong direction as quickly as possible. Attorney General didnt know. And with an Attorney General who has flat-
It is fundamentally wrong to vote in anyone who saw the record of that out refused to give the information re-
favor of this resolution at this time should say: This was wrong-minded. lated to lies and a coverup exclusively
when the Attorney General has been But during this administration, during within his jurisdiction. Thats what
working with the House in good faith. the time in which the Attorney Gen- were voting on.
I believe this action will undermine the eral and his key lieutenants, including I urge a yes vote on the contempt
standing of the House, will cement the Lanny Breuer, were in charge, they re- on behalf of the Terry family.
opened the prosecutions from a failed I yield back the balance of my time.
Speakers legacy, and will be recorded
The SPEAKER pro tempore. All time
by history as a discredit to this insti- program called Wide Receiver and they
for debate on the resolution has ex-
tution. opened Fast and Furious.
pired.
With that, I yield back the balance of Now Im the second child in a family.
MOTION TO REFER
my time. I have an older brother. I learned at a
very young age you in fact cannot, Mr. DINGELL. I have a motion at the
Mr. ISSA. I yield myself such time as
desk.
I may consume. when you do something wrong, say: My
The SPEAKER pro tempore. The
Mr. Speaker, theres been a lot of brother Billy did it. It doesnt work Clerk will report the motion to refer.
talk about the documents that the At- that way. Youre responsible for what The Clerk read as follows:
torney General couldnt give us. These you do wrong, whether it happened be- Mr. Dingell of Michigan moves to refer the
documents, documents under seal, fore your watch or not. This happened resolution, H. Res. 711, to the Committee on
would be an example of documents that on the Attorney Generals watch. Oversight and Government Reform with in-
we should not see, except in camera, But thats not why were here today. structions to:
and weve taken great care to ensure Were here because when we asked le- (1) Hold a bipartisan public hearing with
that no one outside Members of Con- gitimate questions about Brian Terrys testimony from Kenneth Melson, the former
murder, about Fast and Furious, we Acting Director of the Bureau of Alcohol,
gress and key staff have ever looked at
were lied to. We were lied to repeatedly Tobacco, Firearms, and Explosives during
them. Operation Fast and Furious.
But Ive looked at them, and what I and over a 10-month period. The fact is (2) Hold a bipartisan public hearing with
know is that these documents, read by that is what were here for. The Amer- testimony from William Hoover, the former
any person of ordinary learning, make ican people want to know if you give Acting Deputy Director of the Bureau of Al-
it very clear that these wiretap appli- false testimony to Congress. cohol, Tobacco, Firearms, and Explosives
cations were read and signed by indi- The minority leader talked about, during Operation Fast and Furious.
viduals in the Department of Justice in Why is there such a hurry? Why was (3) Hold a bipartisan public hearing with
there a 10-month delay? I was sworn in testimony from former Attorney General Mi-
Washington. And if you read them, you
just a few days before this investiga- chael Mukasey, who, according to documents
knew they were gunwalking. People produced to the committee, was informed
will tell you differently. I give you my tion began, and now were nearing an
during his tenure that, although efforts to
word: You read this, you know they election. We dont want to have this coordinate firearm interdictions with Mexi-
were letting guns go to Mexico. They during an election. We want to have can law enforcement officials in 2007 have
knew who the buyers were, who the resolution for the Terry family. not been successful, the ATF would like to
intermediaries were, who the recipients The important thing is, we know expand such efforts.
were, and, most importantly, where enough to know that we have people (4) Conduct a bipartisan transcribed inter-
who have told us under penalty of view of Alice Fisher, who served as the As-
they ended up. And there are reports in
criminal prosecutionthey have told sistant Attorney General for the Criminal
here, as part of the evidence given to Division of the Department of Justice from
judges in order to get wiretapsthere Congress and their employees certain
2005 to 2008, about her role in authorizing
is evidence that they knew that, in documents exist. And weve asked for wiretaps in Operation Wide Receiver.
fact, weapons had already ended up in those documents. And weve been de- (5) Conduct a bipartisan transcribed inter-
Mexico. nied them. We cant bring Kenneth view of Kenneth Blanco, who serves as Dep-
Thats before Brian Terry was killed. Melson back in in good faith and say, uty Assistant Attorney General at the De-
Thats how Fast and Furious could Well, weve got to get them in front of partment of Justice and also authorized
have been stopped. Thats how people our committee, if in fact theres docu- wiretaps in Operation Fast and Furious.
ments he says exist. And they do, and (6) Take such further actions as the com-
could have been warned. In fact, thats mittee, with full bipartisan consultation,
at a time in which ATF agents in Mex- they will not be given to us. We want
deems appropriate to assure a thorough and
ico City, if they punched in the serial to have those so we can ask the best vigorous investigation of this matter.
number of a weapon found there, they questions.
Youve heard earlier that in fact The SPEAKER pro tempore. Pursu-
got an erroneous, an error. They did ant to House Resolution 708, the gen-
not get meaningful information be- weve denied somehow due process to
the minority. My ranking member is tleman from Michigan (Mr. DINGELL)
cause that was being blockednot by and a Member opposed each will con-
ATF, per se, but by the Department of very capable, and has asked for minor-
ity days; in other words, hearings ex- trol 5 minutes.
Justice under the auspices of the U.S. The Chair recognizes the gentleman
attorney and his bosses. clusively for him. He chose not to do it.
from Michigan.
When we were having the local ATF Mr. DINGELL. I yield myself 4 min-
b 1550 and other individuals in early on, all of utes.
Now youre going to hear that this whom worked for this government, he (Mr. DINGELL asked and was given
began under President Bush and Attor- didnt even ask for any. It wasnt until permission to revise and extend his re-
ney General Mukasey. Im going to tell we asked to have the Attorney General marks.)
you thats just false. What happened in come in, based on these false state- Mr. DINGELL. I rise to offer this mo-
previous administrations with some of ments and final retraction, that he tion to refer so that this investigation
the same local ATF agents was they suddenly wanted a previous Attorney can focus on the real issues at hand
rfrederick on DSK6SPTVN1PROD with HOUSE
exercised extremely bad judgment. General, who happened to say, No, I and to get the facts.
They did things and pushed on pro- dont want to come. So on that par- I begin by expressing my respect and
grams that I believe were poorly con- ticular day we would have had to sub- affection for the chairman of the com-
ceived and poorly manned and as a re- poena him to get him in. I have no ob- mittee, Mr. ISSA. I want to see a proper
sult they lost track of weapons repeat- jection to having the former Attorney investigation and the facts gotten
edly. That happened. And it was wrong. General in. I believe that on his watch about serious misbehavior and utter in-
The U.S. attorney at the time even de- and his predecessors watch and his competence at the Bureau of Alcohol,
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4413
Tobacco, and Firearms and Explosives, the American people deserve, a legiti- quested, including the former Director
called the ATF. This is a tragedy. mate inquiry based on the facts. of ATF during the time of this oper-
I have had the entirety of the motion It seems to me theres a simple way ation, are called for a full, open public
read so that we can understand what a to resolve this dispute. First, adopt the hearing to ensure that the American
real investigation is. I didnt roll off resolution. Then see to it that the At- people get the whole story.
the cabbage wagon yesterday, Mr. torney General produces the docu- Im not here solely representing the
Speaker. I chaired committees for over ments that are currently at issue, and interests of the Terry family. Im here
20 or 30 years, and I have conducted I will actively support the gentleman representing the interests of the whole
more investigations than any man in and see to it that those facts and docu- country and all of the 800,000 people
this particular body. It is clear that ments are presented. that I serve in the 15th District of
the events here were characterized by Second, the House Republicans Michigan.
dishonest, evasive, and deceitful activi- should give a good-faith commitment As Ive said on a number of occasions
ties on the part of ATF personnel. to work towards resolving the con- in the last year, Congress has two
I want to find out what has happened. tempt fight. If the documents in fact choices in their decisionmaking: we
This is not the first time Ive crossed are consistent with the Attorney Gen- can work together and get something
swords with ATF and this is not the erals testimony that he never author- done, or we can play political football.
first time I have found them engaged in ized or approved or knew about I choose to get something done, which
shameful, illegal, and improper behav- gunwalking, then I think we should is why I have offered a resolution. And
ior. In one instance, I caught them consider the matter of contempt re- if you have listened to what I had read
raiding the home of an individual. solved. by the Clerk, you will observe that it
They shot him in the brain and they The SPEAKER pro tempore. The says we want a full, thorough, bipar-
pitched his wife, in her underpants, out time of the gentleman has expired. tisan investigation. Thats the way the
into the hall. Mr. DINGELL. I reserve the balance matter should be done. And Members
Operation Fast and Furious was a of my time. on this side will support the findings of
highly irresponsible operation that Mr. ISSA. Mr. Speaker, I claim time that investigation if the chairman of
never should have occurred. People on in opposition. that committee will permit this kind
both sides of this aisle agree to that. The SPEAKER pro tempore. The gen- of undertaking to be begun.
The American people want the answers tleman from California is recognized I would observe this very interesting
and they deserve to have a proper, for 5 minutes. fact. The contempt resolution is going
thorough, and bipartisan investigation Mr. ISSA. Mr. Speaker, I yield myself to give the same instructions to the
that gets them the truth. My con- 1 minute. same fellow who is under contempt. He
stituent Brian Terry wants the truth I respect the gentleman from Michi- will simply put it in his pocket, and we
from the grave, and his families asks gan, the dean of the House, but youre will find that this body has been weak-
that we get the truth. With God as my just wrong. There were plenty of oppor- ened in its dealings with the executive
judge, they deserve it, and they shall tunities for the minority to ask for branch.
witnesses. They chose not to except at I yield back the balance of my time.
have it if I can get it for them. Mr. ISSA. Mr. Speaker, I now yield
I have shared scores of investigations one hearing, and then they wanted the
former Attorney General. They did not all remaining time to the gentleman
and hearings over 50 years on wrong- from South Carolina (Mr. GOWDY), an
doing which have collected hundreds of avail themselves of the procedures al-
lowing them to have a hearing even experienced prosecutor, to close.
millions of dollars wrongfully taken The SPEAKER pro tempore. The gen-
from our people and have caught more though they know how to do it and
have done it. tleman from South Carolina is recog-
than a few serious wrongdoers, who nized for 4 minutes.
have paid proper penalties for their But more importantly, when you say
you represent Brian Terry, you do not. Mr. GOWDY. Mr. Speaker, I thank
wrongdoing. the chairman.
These investigations were always bi- The Terry family issued this state-
This is a sad day, Mr. Speaker, for
partisan, with both sides of the aisle ment, referring to Congressman DIN-
those of us who respect the rule of law
GELL:
actively participating and fully in- as the foundation of this Republic, for
formed. The actions of the committee His views dont represent those of the
those of us who proudly worked for the
Terry family. Nor does he speak to the Terry
were unanimously conducted and sup- Department of Justice, for those of us
family. And he has never spoken to the
ported by Members on both sides of the Terry family. who believe the same rules apply to ev-
aisle. What we see before us does not eryone regardless of whether they live
Secondly:
follow that model, and it brings no re- simple lives of peace and quiet or
His office sent us a condolence letter when
spect to this body. As someone who whether they live and work in the tow-
Brian was buried 18 months ago. Thats the
holds the institution here in the high- last time we heard from him. ers of power, prestige, and authority.
est regard, I find this to be most trou- The same rules apply to everyone. It is
Third:
bling. the greatness of this country, Mr.
A year ago, after the Oversight and Gov-
Instead of going after the real an- Speaker. It is the greatness, the ele-
ernment Reform Committee began its work,
swers and getting the facts about what one of Brians sisters called Representative gance, the simplicity of a woman who
happened at ATF, the majority of the DINGELLs office seeking help and answers. is blindfolded holding nothing but a set
committee has engaged in what ap- No one from his office called back. of scales and a sword.
pears to be a partisan political witch Lastly: The chief law enforcement official for
hunt, with the Attorney General as its this country is on the eve of being held
If Rep. Dingell truly wants to support the
target. Over the 16-month investiga- Terry family and honor Brian Terry, a son of in contempt of Congress because he re-
tion, Democrats were not permitted to Michigan, he and other Members of Congress fuses to follow the law. He refuses to
call a single witness to testify. So will call for the Attorney General to imme- allow Congress to find the truth, the
much for bipartisanship. The American diately provide the documents requested by whole truth. For those of you who want
people deserve better than this, Mr. the House Oversight and Government Re- a negotiation, a compromise, an ex-
Speaker. They deserve a legitimate in- form Committee. traordinary accommodation, to use the
quiry based on facts which all Members I reserve the balance of my time. Attorney Generals words, for those of
of this body can support. Mr. DINGELL. I yield myself the bal- you who want to plea bargain, my
ance of my time. question to you is simply this: Will you
rfrederick on DSK6SPTVN1PROD with HOUSE
b 1600 Well, I was aware of this. I have com- settle for 75 percent of the truth? Is 50
This is not a Second Amendment municated with the family my sorrow percent of the truth enough for you? Is
question. I have defended the Second at their loss, and my office is setting a third? Or do you want it all? Because
Amendment more than any Member of up a meeting with the Terry family as if you want all the truth, then you
this body, and I am a past member of soon as I can get back to Michigan. want all the documents.
the board of directors of NRA and a life My motion here would ensure that If youve ever sat down, Mr. Speaker,
member of that body. We deserve, and the witnesses the minority has re- with the parents who have lost a child
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H4414 CONGRESSIONAL RECORD HOUSE June 28, 2012
who has been murderedand some of the public to get to the bottom of what hap- than to withhold information and attempt to
my colleagues on both sides of the aisle pened. thwart the investigation.
have been thereit is a humbling, emo- Mr. YOUNG of Alaska. Mr. Speaker, Ive The power of Congress to investigate and
tional, life-altering experience. All been very disturbed to hear today that its in- conduct oversight of federal agencies has
they want is the truth. They want an- appropriate for the National Rifle Association been well established throughout our history.
swers. They want justice, and they to take a position on this resolution. The late claim of Executive Privilege made
dont want part of it. They want all of It should be clear to everyone that as a here, on the other hand, is not consistent with
it. And I will not compromise, Mr. long-time NRA board member, I take a back precedent or previous court rulings. One can
Speaker, when it comes to finding the seat to no one on Second Amendment issues. only conclude that the Attorney General, per-
truth. On this resolution, I can tell you that it is en- haps on the instruction of the President, is try-
Congress is right to pursue this no tirely appropriate for the NRA to take a posi- ing to prevent Congress and the American
matter where it takes us. No matter tion. people from learning the truth.
which administration was in power and We are here today because Congress has Mr. HOLT. Mr. Speaker, the resolution be-
no matter what the facts are, we are a duty to hold our government accountable. fore us today is an illegitimate, politically moti-
right to pursue this. And we are wrong We have a duty to ensure those in charge vated smear campaign.
if we settle for anything less than all protect the public and the Constitution. Con- Never in the history of the House has a U.S.
the facts. gress was misled when Administration officials Attorney General been held in contempt. What
To my colleagues who are voting initially briefed the appropriate Congressional makes this resolution particularly outrageous
no, Mr. Speaker, let me ask this: committees. The U.S. Attorney Generals of- is that there is absolutely no basis for it.
Can you tell me, can you tell the fice denied knowledge of a gun walking oper- The Attorney General has testified repeat-
American people why the Department ation after whistleblowers reported troubling al- edly about Operation Fast & Furious. The Jus-
of Justice approved this lethal, fatally legations. However, they later admitted certain tice Department has turned over thousands of
flawed operation? officials with the Attorney Generals office did pages of relevant records about this incident.
To those of you who are voting no, have knowledge at the time Congress initially None of that matters to the majority. Neither
can you tell the American people how reviewed allegations of gun walking. does the fact that these kinds of operations
the tactic of gunwalking was sanc- I am deeply troubled by reports the ATF were undertaken by the Bush administration.
tioned? forced law abiding gun dealers to do some- And the majority does not want the public to
To those of you who are voting no, thing they knew was wrongto sell guns to in- know that not a single witness was allowed to
can you tell Brian Terrys family and dividuals they normally would not sell to. The testify before the House Oversight & Govern-
friends how a demonstrably false letter Administration designed this outrageous pro- ment Reform Committee about past gun
was written on Department of Justice gram to reportedly reduce gun violence along walking episodes in the Bush administration.
letterhead on February 4, and where our SW border. And an innocent American Thats why this resolution and the Oversight
would we be if we accepted that letter Border Patrol agent paid the ultimate price for Committees hearings into Fast & Furious
are not about gun walkingthey are about
at face value? A letter written on De- this ill-conceived plan.
There are those who believe that there were election year politics.
partment of Justice letterhead, that is
Rather than dealing with the substantive
not just another political Cabinet ulterior motives at play. We already know
issue of illegal guns and how to reduce violent
agency. It is emblematic of what we about at least three e-mails from ATF officials
gun-related crime, today we have a political
stand for as a countrytruth, justice, discussing how they could use information
stunt that does nothing to solve the problem
the equal application of law to every- from Fast and Furious to make the case for
that cost the life of a federal agent. Mr. Speak-
one. That letter was written on Amer- a new gun control proposalthe Obama ad- er, the public see this for what it is: a politi-
icas stationery. That is what the De- ministrations proposal to impose a newand, cally motivated legislative lynchingand those
partment of Justice is, and it was dead I believe, illegalreporting requirement on who support this illegitimate resolution will
wrong. And where would we be if we dealers who sell multiple long guns to individ- have to answer for it to the voters.
took their word for it? uals in the southwest border states. The ad- Ms. RICHARDSON. Mr. Speaker, I rise in
Our fellow citizens have a right to ministration has defended that rule in court, strong and unyielding opposition to resolution
know the truth, and we have an obliga- and by their logic theres no reason it couldnt recommending that the House find Attorney
tion to fight for it, Mr. Speaker, the be expanded to all guns in all states. General Eric Holder in contempt of Congress.
politics be damned. We have a right to That would be a system of national gun reg- This unprecedented resolution, which was
fight for it. istration. And that makes this a Second passed out of committee on a party-line vote,
I wish the Attorney General would Amendment issue. is nothing more than an attempt by the major-
give us the documents. I would rather We as elected lawmakers must have all rel- ity Republican leadership to divert attention
have the documents than have this evant facts to hold whoever approved Oper- from its failure to address the real challenges
vote on contempt of Congress. But we ation Fast and the Furious accountable. I facing our country.
cannot force him to do the right thing, stand with my colleagues here today who be- The hard working and hard pressed people
and that does not relieve us of the re- lieve that the Oversight Committee has been of the 37th Congressional District of California
sponsibility for us to do the right denied all relevant evidence on who approved did not send me here to waste precious floor
thing. Even if the heavens may fall, this terrible operation. The Oversight Commit- time debating this frivolous and partisan reso-
Mr. Speaker, I want the truth. I want tees investigation has been thorough. The lution. They want us to work together to create
all of it. We should never settle for less committee has followed the evidence in pur- jobs for the unemployed, make education af-
than all of it, and we have to start suit of the truth, not in pursuit of a political fordable, health care available, and protect the
today. agenda. What brings us here today is the fact social safety net of Medicare, Social Security,
Mr. BRALEY of Iowa. Mr. Speaker, I op- that this effort has been stonewalled by this Medicaid, and assistance programs to vulner-
posed the contempt of Congress resolution Justice Department and this White House. The able families.
today because I dont want political games or American people deserve to know the truth. I oppose the resolution before us for several
partisan politics to stand in the way of a seri- The family of Border Patrol agent Brian Terry reasons:
ous effort to find the truth. deserves to know the truth. Members of Con- 1. The resolution relates to a document re-
The best place to resolve this dispute isnt gress deserve to know the truth. Todays vote quest involving allegations of gunwalkng in
on the floor of the House in an election year, will bring us one step closer to learning the an ATF operation known as Operation Fast
but in a federal court where both sides can truth. and Furious, but the documents now involved
present their cases and the debate wont turn Mr. THORNBERRY. Mr. Speaker, it is unfor- are completely unrelated to how gunwalking
into a political circus. tunate that the House must vote on whether to was utilized in the operation.
rfrederick on DSK6SPTVN1PROD with HOUSE
Ive been disappointed by the failure of both hold the Attorney General in contempt for re- 2. Over the past year, the Justice Depart-
House Republicans and the Justice Depart- fusing to produce documents in his Depart- ment provided thousands of pages of respon-
ment to find a practical way to get the Amer- ment. The underlying facts are disturbing and sive documents to the Oversight and Govern-
ican people the full details of this tragedy with- tragic, leading to the death of a Border Patrol ment Reform Committee and has made doz-
out compromising existing court orders and officer and several hundred people in Mexico. ens of officials available for interviews and
other national security concerns. An American The Attorney General should work with Con- hearings, and the Attorney General has testi-
was murdered and we owe it to his family and gress to understand what went wrong rather fied before Congress nine times on this topic.
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4415
3. The Committees investigation identified 16 month so-called investigation. This has A contempt citation should be an act of last
no evidence that the Attorney General or sen- been a credible process. resort, after lengthy preliminary procedures,
ior Department officials were aware of As soon as Attorney General Holder learned negotiations, gathering of evidence through
gunwalking in Fast and Furious. To the con- about gun walking, he immediately halted it other methods, appeals to potential
trary, as soon as the Attorney General be- and ordered an IG investigation. intercessors and intermediaries.
came aware of the tactic, he put a halt to it, In closing Mr. Speaker, I think the worst part Contempt Citations have been extraor-
ordered an IG investigation, and instituted in- is that the tragic death of a U.S. Border Patrol dinarily rare which is evidenced by the fact
ternal reform measures. agent is being politicized and used as a way that the House has declared just four people
4. The House of Representatives has never to score cheap political points. This is espe- in contempt over the last three decades. For
held an Attorney General in contempt. The cially disappointing to me. As a former Border these reasons and more we request that you
only precedent cited in the Issa contempt res- Patrol Agent and Sector Chief with 2612 years elect not to bring the Contempt Citation to the
olution is a committee contempt vote that took of law enforcement experience on the U.S.- Floor this Thursday.
place in the 1990s against former Attorney Mexico Border, I expect that this body show Mr. Speaker, I delivered a letter to you that
General Janet Reno. That action was so wide- more respect and more focus. was signed by 65 Members of this body stat-
ly discredited that Speaker Gingrich chose not Instead of using this tragedy as a political ing the same, that this destructive piece of
to bring it to the floor for a vote. ploy, this body needs to see this as a learning legislation should not be brought to the Floor
5. During this investigation, the Committee opportunity and a wake-up call. We must take today. It appears that this is nothing more than
refused every Democratic request for a hear- action and provide ATF with the needed re- destructive election-year politics pure and sim-
ing witness, including the head of ATFthe sources and tools it needs to tackle the issue ple. It is Republicans following through on
agency that actually ran the operation. This is of gun trafficking. I hope that this Congress is their threats to use their authority to try to
not the way to conduct an oversight investiga- able to move on to enact the critical reforms damage this Administration, politically, and this
tion unless you are interested in partisan polit- needed to more effectively combat this Attorney General, specifically, who has placed
ical ploys instead of learning the facts. threat-and I will gladly work with my col- an emphasis on enforcing civil rights, voting
Mr. Speaker, I must say that am offended leagues on both sides of the aisle on that par- rights and defending our justice system and
that Attorney General Holder, a man of unim- ticular effort. the rule of law.
Ms. JACKSON LEE of Texas. Mr. Speaker,
peachable integrity and one who has served This kind of divisive politics hurts Americans
I rise today to oppose H. Res 708, Resolution
this nation with distinction for many years, has who want their leaders focused on fixing real
recommending that the House of Representa-
been subjected to such demeaning treatment problems they face every day and hurts law
tives find Eric H. Holder, Jr., Attorney General,
by some in the majority. Even though Attorney enforcement agents who are putting their lives
U.S. Department of Justice, in contempt of
General Holder has been forthright and forth- at risk in ongoing investigations that could be
Congress for refusal to comply with a sub-
coming, some in this body accuse him of a compromised by the Committees political fish-
poena duly issued by the Committee on Over-
cover-up or claim he has been obstructive. He ing expedition.
sight and Government Reform.
has even been called a liar on national tele- Holding a sitting Attorney General in con- Congress has the answers to its questions
vision. These unfounded charges are beyond tempt would be unprecedented. In our Na- about who designed this flawed operation and
the pale and reflect more on those who have tions history the House of Representatives who authorized itthey just dont like it so
uttered them that they do our Attorney Gen- has never held a sitting Attorney General in they have ignored the evidence they received
eral, the honorable Eric Holder. contempt of Congress. last year which shows this was a tactic that
I oppose this politically inspired resolution In 1998, the then Chair of the House Over- was designed and employed in the field and it
and urge my colleagues to join me. sight Committee led a vote to hold then Attor- dates back to the previous Administration.
Mr. REYES. Mr. Speaker, I rise today to ex- ney General Janet Reno in contempt of Con- This Attorney General is the one who put a
press my opposition to the majoritys decision gress. stop to the tactic, called for an independent in-
to force a contempt vote on the floor. I want Attorney General Reno was also accused of vestigation and instituted reforms and per-
to mention the following points for the record. withholding documents; however, the then sonnel changes to ensure it doesnt happen
There is no evidence that the attorney gen- Speaker of the House Newt Gingrich elected again.
eral authorized, condones, or knew about not to bring the Contempt Citation to the Floor. The Department has made extraordinary ef-
gun walking. Chairman DARRELL ISSA admit- Attorney General Reno and House leadership forts to accommodate Congress by turning
ted this yesterday before the Rules Com- were able to resolve their difference without over almost 8,000 documentsincluding all
mittee. holding our Nations highest law enforcement the documents that relate to the tactics in this
There is no evidence that the attorney gen- officer in contempt. Todays conflict can also flawed investigation and the other flawed in-
eral lied to Congress or engaged in a cover- be resolved without holding Attorney General vestigations that occurred in Arizona in the
up. Chairman ISSA also admitted this yester- Holder in contempt. previous administration.
day. I firmly believe and I am joined by at least The Department has even turned over inter-
There is no evidence that the White House 65 other colleagues who believe that the Attor- nal deliberative material to answer the Com-
had anything to do with gun walking oper- ney General is acting in good faith based mittees questions and the AG offered to pro-
ations. Chairman ISSA admitted this on Fox upon his actions over the course of the past vide additional deliberative documentation to
News on Sunday. 15 months. resolve the subpoena, but the Committee re-
Democrats wanted a real investigation, but The Attorney General has testified before jected that offer.
Chairman ISSA refused TEN different requests Congress no less than nine times in the last The documents at issue now are after-the-
from Democrats for a hearing with Ken 15 months and has made himself available for factthey have nothing to do with the flawed
Melson, the former Director of ATFthe agen- meetings with Members of Congress. Further, tactics in any of the investigations dating back
cy in charge. the Department of Justice has cooperated with to the Bush Administration or who designed,
Chairman ISSA said this yesterday about Congressional inquiries into this matter and is approved or employed them.
gun walking operations under the Bush Ad- willing to continue to engage in discussions The resolution relates to a document re-
ministration: They were all flops. They were with Congressional leadership and others. quest involving allegations of gunwalking in
all failures. Yet, he has refused all Demo- As of today, the Attorney General has pro- an ATF operation known as Operation Fast
cratic requests to interview Bush Administra- duced more than 7,600 pages of documents and Furious, which came to light when two
tion officials about their rules. as part of 47 separate productions, including weapons involved in the operation were recov-
Despite finding no evidence that Attorney sensitive law enforcement materials related to ered at the murder scene of Border Patrol
General Holder knew about gun walking, the the pending prosecution of the defendants in Agent Brian Terry.
Committee has obtained documentary evi- the underlying Fast and Furious case. However, the documents now at issue are
dence showing that former Attorney General Attorney General Holder has consistently completely unrelated to how gunwalking
rfrederick on DSK6SPTVN1PROD with HOUSE
Mukasey was personally briefed on botched expressed his willingness to find a resolution there is a question about whether gun-waling
interdiction efforts during the Bush Administra- to the issues surrounding the narrow list of existed was utilized in the operation. Over the
tion and he was told that they would be ex- documents for which he is being cited. past year, the Justice Department has pro-
panded during his tenure. Chairman ISSA has Holding the Nations top law-enforcement of- vided thousands of pages of documents to the
refused to call on Mukasey for a hearing. ficer in contempt of Congress would be a Oversight and Government Reform Committee
Republicans have not granted a single drastic, disproportionate action on the part of and has made dozens of officials available for
Democratic witness request during the entire this body. interviews and hearings, and the Attorney
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H4416 CONGRESSIONAL RECORD HOUSE June 28, 2012
General has testified before Congress nine the majority party. The only reason this un- The question was taken; and the
times on this topic. The evidence dem- precedented attack is taking place on the Speaker pro tempore announced that
onstrated that Fast and Furious was in fact the House floor today, against our countrys first the noes appeared to have it.
fourth in a series of gunwalking operations run African American Attorney General, is be- Mr. DINGELL. Mr. Speaker, on that I
out of the ATF field division in Phoenix over a cause the Tea Party Republican majority is demand the yeas and nays.
span of five years beginning in 2006 during pandering to birthers, NRA members and The yeas and nays were ordered.
the Bush Administration. other extremist obsessed with defeating Presi- The SPEAKER pro tempore. Pursu-
The investigation identified no evidence that dent Obama. ant to clause 9 of rule XX and House
the Attorney General or senior Department of- Attorney General Eric Holder has my full Resolution 708, this 15-minute vote on
ficials were aware of gunwalking in Fast and support and I reject this transparent political the motion to refer will be followed by
Furious. To the contrary, as soon as the Attor- abuse of power. 5-minute votes on a motion to recom-
ney General became aware of the tactic, he I am strongly opposed to the House Repub- mit, if offered; adoption of the resolu-
put a halt to it, ordered an IG investigation, lican resolution to hold Attorney General Eric tion, if ordered; motion to suspend on
and instituted internal reform measures. Holder in contempt of Congress for failing to H.R. 1447, if ordered; and motion to sus-
The House of Representatives has never turn over documents pertaining to sensitive pend on H.R. 3173, if ordered.
held an Attorney General in contempt. The and on-going law enforcement activities to the The vote was taken by electronic de-
only precedent cited in the Issa contempt res- House Oversight and Government Reform vice, and there wereyeas 172, nays
olution is a committee contempt vote that took Committee. 251, not voting 9, as follows:
place in the 1990s held by then-Chairman The committee request is for documents re- [Roll No. 440]
Dan Burton against former Attorney General lated to Operation Fast and Furious, con- YEAS172
Janet Reno. That action became so widely ducted by the Bureau of Alcohol, Tobacco,
Ackerman Frank (MA) Olver
discredited that Speaker Gingrich chose not to Firearms, and Explosives (ATF), which al- Andrews Fudge Pallone
bring it to the Floor for a vote. lowed the straw purchase of firearms in pur- Baca Garamendi Pascrell
The current contempt debate no longer fo- suit of prosecutions of gun smugglers. Two of Baldwin Gonzalez Pastor (AZ)
Barber Green, Al Pelosi
cuses on any documents relating to how the illegally purchased AK47 assault weap- Bass (CA) Green, Gene Perlmutter
gunwalking was initiated and utilized in Oper- ons were found at the scene of a gun battle Becerra Grijalva Peters
ation Fast and Furious. Since Republicans that resulted in the killing of U.S. Border Patrol Berkley Gutierrez Pingree (ME)
could identify no wrongdoing by the Attorney agent Brian Terry on December 15, 2010. In Berman Hahn Polis
Bishop (GA) Hanabusa Price (NC)
General, the Committee shifted just last week his effort to cooperate with Chairman DARRELL Bishop (NY) Hastings (FL)
Quigley
to focus exclusively on a single letter sent by ISSA, Attorney General Holder has provided Blumenauer Heinrich
Rangel
the Departments Office of Legislative Affairs the Oversight Committee with more than 7,600 Bonamici Higgins
Reyes
Boswell Himes
to Senator CHARLES GRASSLEY on February 4, pages of documents and participated in nine Brady (PA) Hinchey
Richardson
2011, initially denying allegations of congressional hearings. Braley (IA) Hinojosa Richmond
gunwalking. The Department has already ac- In 2006, under the Bush Administration, the Brown (FL) Hirono Rothman (NJ)
Butterfield Holden Roybal-Allard
knowledged that its letter was inaccurate, has ATFs Arizona office used the tactic of gun Ruppersberger
Capps Holt
withdrawn the letter, and has provided the walking to allow guns to remain on the street Capuano Honda Rush
Committee with more than 1,300 pages of after a potentially illegal sale to build a bigger Carnahan Hoyer Sanchez, Linda
documents relating to how it was drafted. case rather than interdicting them immediately. Carney Israel T.
Carson (IN) Jackson Lee Sanchez, Loretta
These documents show that Department President Bushs attorney general, Michael Sarbanes
Castor (FL) (TX)
staffers who drafted the letter did not inten- Mukasey, received a briefing paper on No- Chu Johnson (GA) Schakowsky
tionally mislead Congress, but instead relied vember 16, 2007 on ATF cooperation with Cicilline Kaptur Schiff
on inaccurate assurances from ATF leaders Mexico on controlled deliveries of weapons Clarke (MI) Keating Schrader
Clarke (NY) Kildee Schwartz
and officials in Arizona who ran the operation. smuggling. The House Oversight Committee Clay Kind Scott (VA)
Despite these good faith efforts, House Re- has failed to call any Bush Administration offi- Cleaver Kucinich Scott, David
publicans chose to move forward with a con- cials to testify on this matter. Clyburn Langevin Serrano
tempt resolution anyway. This week, in Politico, a senior Republican Cohen Larsen (WA) Sewell
Connolly (VA) Larson (CT) Sherman
Moving the goalposts again, the Committee House aide is quoted as saying, The con- Conyers Lee (CA) Shuler
is now demanding additional internal delibera- tempt of Holder is a dog whistle to the right- Cooper Levin Sires
tive documents created even after the Grass- wing tea party community, saying that we are Costa Lewis (GA) Slaughter
Costello Lipinski
ley letter was sent. The Attorney General of- representing them . . . this is a way to say Courtney Loebsack
Smith (WA)
fered to provide them last week in exchange were going after this administration, holding Speier
Critz Lofgren, Zoe
Stark
for a good faith commitment to move toward them accountable. Crowley Lowey
Sutton
resolution of the contempt fight, but Chairman Further proof of the blatantly political nature Cuellar Lujan
Thompson (CA)
Cummings Lynch
Issa flatly refused. When it became clear that of the Holder contempt vote is the decision by Davis (CA) Maloney Thompson (MS)
contempt was inevitable, the Administration the National Rifle Association (NRA) to Davis (IL) Markey Tierney
DeFazio Matsui Tonko
asserted executive privilege over this narrow score the vote as part of their legislative re- Towns
DeGette McCarthy (NY)
category of deliberative Department docu- port card to their membership. The NRA has DeLauro McCollum Tsongas
ments, while indicating at the same time that long championed allowing the proliferation of Deutch McDermott Van Hollen
it remains willing to continue negotiations. assault weapons previously banned on Amer- Dicks McGovern Velazquez
Dingell McNerney Visclosky
The Issa contempt resolution is nothing ican streets and sold over the counter, like the Wasserman
Doggett Meeks
more than a politically motivated, election-year AK47s found at Agent Terrys murder scene. Doyle Michaud Schultz
ploy. During this investigation, the Committee This entire episode is a stain on the reputa- Edwards Miller (NC) Waters
refused every Democratic request for a hear- tion of this Republican led House of Rep- Ellison Miller, George Watt
Engel Moore Waxman
ing witness, including the head of ATFthe resentatives. It is appalling to know that the Welch
Eshoo Moran
agency that actually ran the operation. politics of personal destruction is the top policy Farr Murphy (CT) Wilson (FL)
Chairman ISSA has acknowledged that we priority of this Tea Party controlled House. Fattah Nadler Woolsey
do go down blind alleys regularly and has Again, I want to state my strong support for Filner Neal Yarmuth
made numerous unfounded claims, including Attorney General Holder and the Obama Ad- NAYS251
accusing the FBI agents of concealing a third ministrations efforts to cooperate with this on- Adams Bartlett Boren
gun from the scene of Agent Terrys mur- going congressional investigation. Aderholt Barton (TX) Boustany
dera claim that the FBI quickly dem- The SPEAKER pro tempore. All time Akin Bass (NH) Brady (TX)
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June 28, 2012 CONGRESSIONAL RECORD HOUSE H4417
Campbell Huizenga (MI) Pompeo The question was taken; and the Turner (NY) Webster Womack
Canseco Hultgren Posey Turner (OH) West Woodall
Cantor Hunter Price (GA)
Speaker pro tempore announced that Upton Westmoreland Yoder
Capito Hurt Quayle the ayes appeared to have it. Walberg Whitfield Young (AK)
Carter Issa Rahall RECORDED VOTE Walden Wilson (SC) Young (FL)
Cassidy Jenkins Reed Walsh (IL) Wittman Young (IN)
Chabot Johnson (IL) Rehberg Mr. GRIMM. Mr. Speaker, I demand a Walz (MN) Wolf
Chaffetz Johnson (OH) Reichert recorded vote.
Chandler Johnson, Sam Renacci
Coble Jones
A recorded vote was ordered. NOES67
Ribble
Coffman (CO) Jordan Rigell
The SPEAKER pro tempore. This is a Baldwin Green, Gene Perlmutter
Cole Kelly Rivera 5-minute vote. Barber Heinrich Quigley
Conaway King (IA) Berkley Higgins Rigell
Cravaack King (NY)
Roby The vote was taken by electronic de-
Roe (TN) Berman Himes Rothman (NJ)
Crawford Kingston vice, and there wereayes 255, noes 67, Bishop (NY) Hirono Ryan (OH)
Rogers (AL)
Crenshaw Kinzinger (IL)
Rogers (KY) answered present 1, not voting 109, Blumenauer Holden Sanchez, Loretta
Culberson Kissell as follows: Bonamici Holt Schrader
Rogers (MI)
Davis (KY) Kline Braley (IA) Langevin Schwartz
Rohrabacher [Roll No. 441]
Denham Labrador
Rokita Capps Larsen (WA) Sherman
Dent Lamborn AYES255
Rooney Cohen LaTourette Shuler
DesJarlais Lance
Ros-Lehtinen Adams Franks (AZ) McKinley Connolly (VA) Loebsack Slaughter
Diaz-Balart Landry
Dold Lankford Roskam Aderholt Frelinghuysen McMorris Cooper Lofgren, Zoe Smith (WA)
Donnelly (IN) Latham Ross (AR) Akin Gallegly Rodgers Costello Lujan Speier
Dreier LaTourette Ross (FL) Alexander Gardner Meehan Courtney Lynch Sutton
Duffy Latta Royce Altmire Garrett Mica Cuellar McDermott Thompson (CA)
Duncan (SC) LoBiondo Runyan Amash Gerlach Miller (FL) DeFazio McNerney Tierney
Duncan (TN) Long Ryan (WI) Amodei Gibbs Miller (MI) DeLauro Michaud Tsongas
Ellmers Lucas Scalise Austria Gibson Miller, Gary Deutch Miller (NC) Visclosky
Emerson Luetkemeyer Schilling Bachmann Gingrey (GA) Mulvaney Dicks Miller, George Wasserman
Farenthold Lummis Schmidt Bachus Gohmert Murphy (PA) Dingell Moran Schultz
Fincher Lungren, Daniel Schock Barletta Goodlatte Myrick Doggett Murphy (CT) Waxman
Fitzpatrick E. Schweikert Barrow Gosar Neugebauer
Eshoo Nadler Welch
Flake Mack Scott (SC) Bartlett Gowdy Noem
Farr Pastor (AZ)
Fleischmann Manzullo Scott, Austin Barton (TX) Granger Nugent
Fleming Marchant Sensenbrenner Bass (NH) Graves (GA) Nunes
Benishek Graves (MO) Nunnelee ANSWERED PRESENT1
Flores Marino Sessions
Forbes Matheson Shimkus Berg Griffin (AR) Olson Lipinski
Fortenberry McCarthy (CA) Shuster Biggert Griffith (VA) Owens
Foxx McCaul Simpson Bilbray Grimm Palazzo NOT VOTING109
Franks (AZ) McClintock Smith (NE) Bilirakis Guinta Paul
Bishop (UT) Guthrie Paulsen Ackerman Garamendi Neal
Frelinghuysen McCotter Smith (NJ)
Gallegly McHenry Black Hall Pearce Andrews Gonzalez Olver
Smith (TX)
Gardner McIntyre Blackburn Hanna Pence Baca Green, Al Pallone
Southerland
Garrett McKeon Bonner Harper Peterson Bass (CA) Grijalva Pascrell
Stearns
Gerlach McKinley Bono Mack Harris Petri Becerra Gutierrez Pelosi
Stivers
Gibbs McMorris Boren Hartzler Pitts Bishop (GA) Hahn Peters
Sullivan Boswell Hastings (WA)
Gibson Rodgers Platts Brady (PA) Hanabusa Pingree (ME)
Terry Boustany Hayworth Poe (TX)
Gingrey (GA) Meehan Thompson (PA) Brown (FL) Hastings (FL) Polis
Gohmert Mica Brady (TX) Heck Pompeo Butterfield Hinchey Price (NC)
Thornberry Brooks Hensarling Posey
Goodlatte Miller (FL) Tiberi Capuano Hinojosa Rangel
Gosar Miller (MI) Broun (GA) Herger Price (GA) Cardoza Honda Reyes
Tipton Buchanan Herrera Beutler Quayle
Gowdy Miller, Gary Carnahan Hoyer Richardson
Turner (NY) Bucshon Hochul Rahall
Granger Mulvaney Carney Israel Richmond
Turner (OH) Buerkle Huelskamp Reed
Graves (GA) Murphy (PA) Carson (IN) Jackson (IL) Roybal-Allard
Upton Burgess Huizenga (MI) Rehberg
Graves (MO) Myrick Castor (FL) Jackson Lee Ruppersberger
Walberg Burton (IN) Hultgren Reichert
Griffin (AR) Neugebauer Chu (TX) Rush
Griffith (VA) Noem Walden Calvert Hunter Renacci
Walsh (IL) Camp Hurt Ribble Cicilline Johnson (GA) Sanchez, Linda
Grimm Nugent
Walz (MN) Campbell Issa Rivera Clarke (MI) Johnson, E. B. T.
Guinta Nunes
Guthrie Nunnelee Webster Canseco Jenkins Roby Clarke (NY) Kaptur Sarbanes
Hall Olson West Cantor Johnson (IL) Roe (TN) Clay Keating Schakowsky
Hanna Owens Westmoreland Capito Johnson (OH) Rogers (AL) Cleaver Kildee Schiff
Harper Palazzo Whitfield Carter Johnson, Sam Rogers (KY) Clyburn Kucinich Scott (VA)
Harris Paul Wilson (SC) Cassidy Jones Rogers (MI) Conyers Larson (CT) Scott, David
Hartzler Paulsen Wittman Chabot Jordan Rohrabacher Costa Lee (CA) Serrano
Hastings (WA) Pearce Wolf Chaffetz Kelly Rokita Crowley Levin Sewell
Heck Pence Womack Chandler Kind Rooney Cummings Lewis (CA) Sires
Hensarling Peterson Woodall Coble King (IA) Ros-Lehtinen Davis (CA) Lewis (GA) Stark
Herger Petri Yoder Coffman (CO) King (NY) Roskam Davis (IL) Lowey Thompson (MS)
Herrera Beutler Pitts Young (AK) Cole Kingston Ross (AR)
DeGette Maloney Tonko
Hochul Platts Young (FL) Conaway Kinzinger (IL) Ross (FL)
Doyle Markey Towns
Huelskamp Poe (TX) Young (IN) Cravaack Kissell Royce
Edwards Matsui Van Hollen
Crawford Kline Runyan
NOT VOTING9 Crenshaw Labrador Ryan (WI) Ellison McCarthy (NY) Velazquez
Critz Lamborn Scalise Engel McCollum Waters
Bishop (UT) Jackson (IL) Napolitano Fattah McGovern Watt
Culberson Lance Schilling
Cardoza Johnson, E. B. Ryan (OH) Filner Meeks Wilson (FL)
Davis (KY) Landry Schmidt
Hayworth Lewis (CA) Stutzman Frank (MA) Moore Woolsey
Denham Lankford Schock
Dent Latham Schweikert Fudge Napolitano Yarmuth
b 1630 DesJarlais Latta Scott (SC)
Diaz-Balart LoBiondo Scott, Austin ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
Messrs. THOMPSON of Pennsylvania, Dold Long Sensenbrenner
WALDEN, Ms. JENKINS, Mrs. ROBY, Donnelly (IN) Lucas Sessions The SPEAKER pro tempore (during
Dreier Luetkemeyer Shimkus the vote). There are 2 minutes remain-
Messrs. MURPHY of Pennsylvania, Duffy Lummis Shuster
SCALISE, KINGSTON, and HALL Duncan (SC) Lungren, Daniel Simpson ing.
changed their vote from yea to Duncan (TN) E. Smith (NE)
Ellmers Mack Smith (NJ)
nay. Emerson Manzullo Smith (TX) b 1639
Mr. RICHMOND and Ms. LORETTA Farenthold Marchant Southerland
rfrederick on DSK6SPTVN1PROD with HOUSE
SANCHEZ of California changed their Fincher Marino Stearns Mr. LATOURETTE changed his vote
Fitzpatrick Matheson Stivers from aye to no.
vote from nay to yea. Flake McCarthy (CA) Stutzman
So the motion to refer was rejected. Fleischmann McCaul Sullivan So the resolution was agreed to.
The result of the vote was announced Fleming McClintock Terry
Flores McCotter Thompson (PA) The result of the vote was announced
as above recorded.
Forbes McHenry Thornberry as above recorded.
The SPEAKER pro tempore. The Fortenberry McIntyre Tiberi
question is on the resolution. Foxx McKeon Tipton A motion to reconsider was laid on
the table.
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H4418 CONGRESSIONAL RECORD HOUSE June 28, 2012
AUTHORIZING COMMITTEE ON branch. There are those in this body Ms. NORTON. I thank the gentleman
OVERSIGHT AND GOVERNMENT who have been here and engaged in de- for yielding.
REFORM TO INITIATE OR INTER- bate with respect to important items I have come back from walking out
VENE IN JUDICIAL PROCEEDINGS such as the PATRIOT Act and FISA. of this proceeding to address the seri-
TO ENFORCE CERTAIN SUB- One of the things that weve attempted ous, baseless charge of a coverup. No
POENAS to assure our constituents was that we one in the majority has been able to
Mr. ISSA. Mr. Speaker, pursuant to would ensure that the constitutional charge that the Attorney General or
House Resolution 708, I call up the res- rights of Americans would not be tram- his top lieutenants knew about the
pled upon as we carry out the appro- gunwalking initiated in the Bush ad-
olution (H. Res. 706) authorizing the
priate responsibility of protecting this ministration because there is no evi-
Committee on Oversight and Govern-
country and our constituents against dence of that after 16 months of inves-
ment Reform to initiate or intervene in
terrorist attack. That requires us to tigation.
judicial proceedings to enforce certain This contempt resolution stems from
subpoenas. provide active oversight over the exec-
utive branch. a letter from the Justice Department
The Clerk read the title of the resolu-
Similarly, in this case, we have an correcting the record resulting from a
tion.
obligation to stand in the shoes of prior letter written in the Legislative
The SPEAKER pro tempore (Mr.
those we represent, to oversee the oper- Affairs section of the Justice Depart-
BASS of New Hampshire). Pursuant to
ations of the executive branchin this ment that there was no gunwalking.
House Resolution 708, the resolution is
case, the Department of Justiceto en- That letter relied on statements of
considered read.
sure that they are following the law. ATF officials and Justice Department
The text of the resolution is as fol-
officials who this Justice Department
lows: b 1650
then fired and did its own investiga-
H. RES. 706 One manner in which that can be tion. So what you have is contempt for
Resolved, That the Chairman of the Com- frustrated is by a departmentin this correcting the record.
mittee on Oversight and Government Reform case, the Department of Justicethat What the Justice Department did was
is authorized to initiate or intervene in judi- refuses to respond to lawful subpoenas
cial proceedings in any Federal court of com-
the opposite of a coverup. But it is al-
and give us the information so that we leged that if the Department has noth-
petent jurisdiction, on behalf of the Com-
mittee on Oversight and Government Re-
can do that oversight. That is what we ing to hide, it would simply turn over
form, to seek declaratory judgments affirm- were talking about. everything in its possession. The other
ing the duty of Eric H. Holder, Jr., Attorney This Congress, this House of Rep- side has gone so far as to say that when
General, U.S. Department of Justice, to com- resentatives, was misled. I dont know the President invoked executive privi-
ply with any subpoena that is a subject of whether it was intentional or not. I do lege, he too was implicated in a cover-
the resolution accompanying House Report know we were misled by a representa- up. But the Supreme Court itself has
112546 issued to him by the Committee as tion from the Justice Department in an said that while the privilege is not ab-
part of its investigation into the United official response to an inquiry by the
States Department of Justice operation
soluteand here I am quotinghuman
Congress of the United States. That experience teaches us that those who
known as Fast and Furious and related
was not corrected for 10 months. expect public dissemination of their re-
matters, and to seek appropriate ancillary
relief, including injunctive relief.
You can look at it a couple of ways. marks may well temper candor with
SEC. 2. The Committee on Oversight and One is that there was an attempt to concerns for appearances. Thus, Presi-
Government Reform shall report as soon as slow-walk the Congress so that it could dents have repeatedly asserted execu-
practicable to the House with respect to any not carry out its constitutional respon- tive privilege to protect confidential
judicial proceedings which it initiates or in sibility. There is a lot of talk on this executive branch deliberative mate-
which it intervenes pursuant to this resolu- floor by both Democrats and Repub-
tion.
rials from congressional subpoena.
licans as to how we have an obligation The SPEAKER pro tempore. The
SEC. 3. The Office of General Counsel of the to oversee the executive branch. In
House of Representatives shall, at the au- time of the gentlewoman has expired.
thorization of the Speaker, represent the
fact, one of the genius points of our Mr. CUMMINGS. I yield the gentle-
Committee on Oversight and Government Founding Fathers Constitution is that lady 30 additional seconds.
Reform in any litigation pursuant to this conflict between or among the three Ms. NORTON. The last leg of todays
resolution. In giving that authorization, the branches of government, that natural weak reed of contempt is the claim
Speaker shall consult with the Bipartisan tension. But that natural tension can- that the President asserted executive
Legal Advisory Group established pursuant not exist and we cannot do that which privilege too late. Why not from the
to clause 8 of rule II. we are called upon under the Constitu- beginning?
The SPEAKER pro tempore. The gen- tion to do faithfully if we are denied in- The President, like every President
tleman from California (Mr. ISSA) and formation to oversee the operations of before him, did not assert the privilege
the gentleman from Maryland (Mr. the Department of Justice. until negotiations broke down. But the
CUMMINGS) each will control 10 min- The SPEAKER pro tempore. The committee proceeded without even ex-
utes. time of the gentleman has expired. amining the basis for the privilege, as
The Chair recognizes the gentleman Mr. ISSA. I yield the gentleman an prior Chairs of our committee have
from California. additional 30 seconds. done. A coverup is the most irrespon-
Mr. ISSA. Mr. Speaker, I yield 3 min- Mr. DANIEL E. LUNGREN of Cali- sible allegation of this debate because
utes to the gentleman from California fornia. So all we are doing simply is no evidence of a coverup has been sub-
(Mr. LUNGREN). asking for the authorization so that mitted.
Mr. DANIEL E. LUNGREN of Cali- this committee can have the represen- This subpoena is so partisan and po-
fornia. Mr. Speaker, weve just had a tation of counsel to see that these sub- litical that I expect any court to do
very important vote and some would poenas are carried out. Since we have just what our committee should have
ask what this second vote is about. been given every sense from the Jus- donecompel the parties to sit down
This second vote is a simple author- tice Department that it would be folly, and negotiate.
ization for the committee involved to in a sense, to suggest that they would Mr. ISSA. Mr. Speaker, its amazing
be able to essentially hire counsel that carry out the actions that we just that people would say theres no evi-
would allow us to go into court to seek voted upon against the Attorney Gen- dence of a coverup when somebody
a declaratory judgment by the Federal eral, this is the method by which we says, No, we didnt do what we did, and
court to enforce the subpoenas that can achieve that which we are required then hides it for an additional 10
rfrederick on DSK6SPTVN1PROD with HOUSE
have been presented by this committee to do; that is, to carry out oversight re- months. By any normal American
to the Attorney General of the United sponsibility against the executive de- standard, that would be a coverup.
States. Its a simple, straightforward partment, including the Department of With that, I yield 2 minutes to the
resolution. Justice. gentleman from Texas (Mr.
Why is it important? One of our obli- Mr. CUMMINGS. I yield 2 minutes to FARENTHOLD).
gations under the Constitution is to the gentlelady from the District of Co- Mr. FARENTHOLD. I thank the chair
provide oversight of the executive lumbia (Ms. NORTON). for yielding.
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