See Ya' around, Fellas |
Is Eric Holder in criminal contempt
of Congress because of his role in the “Fast and Furious” cover-up? The U.S.
House Oversight Committee voted 23-17 that Holder be held in contempt. A vote
by the full House of Representatives met in June, to force Holder to releases
the documents he has been concealing.
Whatever the House does, Holder has already proven his
contempt for Congress. President Obama has himself taken a lead
role in the cover-up by claiming that “executive privilege” allows him to
withhold documents from congressional investigators.
The full House could vote for either criminal contempt
or civil contempt. A criminal contempt resolution would be referred to the U.S.
attorney for the District of Columbia, who would be required to bring the case
before a grand jury. The maximum punishment for criminal contempt of Congress
is one year in federal prison and a $1,000 fine. Since the attorney who would
have to prosecute the criminal contempt case works for Holder, it is unlikely
that a criminal conviction would result.
Alternatively, and more likely, the House could vote
for civil contempt. Then, the House could bring a civil case in court, asking
the judge to order Holder to turn over the documents. If Holder refused a court
order, the judge could impose sanctions on Holder, such as fines.
The Obama/Holder administration’s cover-up of “Fast
and Furious” is apparently designed to keep the scandal out of the public mind
until the November elections are over. Much of the pro-Obama national media,
such NBC/MSNBC, have ignored “Fast and Furious,” or have “covered” the story
with a pro-Obama spin.
Because of the “Fast and Furious” operation, U.S.
Border Patrol Agent Brian Terry was murdered on Dec. 14, 2010. And according to
the Mexican attorney general, “Fast and Furious” guns have been used in at
least 200 murders in Mexico. Among the victims was a Mexican state attorney
general’s brother, who was tortured to death.
If Holder is allowed to get away with this, what
crimes and cover-ups might take place during a second Obama term? If, during
the first term, putting guns in the hands of murderers was accepted as a useful
means for promoting gun control, what could a second term bring?
Here are some of the reasons why Holder is in contempt
of Congress:
whistleblower |
Since last October, Holder has not produced anything in 13
of the 22 subpoena categories. Since the House investigation began in early
2011, the Department of Justice has produced about 7,600 pages of documents for
congressional investigators. But the department’s own files on “Fast and
Furious” include over 70,000 more pages of documents that have not been
produced.
Those pages withheld from Congress were given to the
DOJ’s own inspector general. The DOJ’’s internal self-investigation of
“Fast and Furious” has been going on since February 2011. When asked why the
DOJ’s self-investigation is taking so long, DOJ explained that the
investigators were trying to reach “consensus.” It seems very possible that no
“consensus” will form until after the November elections, if they reach a consensus.
For some of the subpoena categories, Holder’s DOJ has
asserted that the documents cannot be provided because they relate to an
ongoing criminal investigation. Yet legal experts say this fact in itself is not
sufficient to deny Congress all access. Among the possible accommodations are
that some documents could be made available to congressional staff to read but
not to copy.
Notably, the DOJ’s criminal investigations seem to be
proceeding so slowly as to delay any disclosures until after the election.
On the morning of the contempt vote, President Obama
personally invoked “executive privilege” to justify the withholding of the
documents. Obama was apparently relying on a subtype of the privilege, called
“deliberative process privilege,” which protects the confidentiality of some
discussions among executive branch personnel.
Unlike some legal privileges such as the
priest-penitent privilege, the deliberative process privilege is not absolute.
In particular, as the U.S. Supreme Court unanimously ruled in the case of United States v. Nixon 1974,
the privilege is not to be used to cover up evidence of wrongdoing. Given the
Obama/Holder administration’s obduracy, the issue will probably have to be
resolved by a court.
Let’s take a look at the 13 categories of documents
for which the Holder DOJ has refused to provide anything to Congress.
Sharyl Attkisson |
Among the mainstream media, CBS’s Attkisson has been
the leader in reporting on “Fast and Furious.” Like the congressional
investigators, she, too, has been stonewalled by the Obama administration.
Lanny Breuer |
All of the CBS News requests were denied in whole or
in part. Some of the documents that were “produced” were mostly blank pages.
And for most of the requests, the administration took more than a year to
respond.
Notably, Breuer and his staff had the legal
responsibility to approve the wiretap applications that were part of “Fast and
Furious.” The Obama/Holder administration spent 2011 claiming that the
applications did not describe the “gun-walking” tactics that were the core of
“Fast and Furious.” But in May 2012, whistleblowers provided the House
Oversight Committee with copies of the wiretap applications, which did describe
the gun-walking tactics. Holder then claimed that neither Breuer nor his staff
even read the wiretap applications before approving them, although federal law
requires them to do so.
CBS also sent a FOIA request to the FBI about the
murder of Border Patrol Agent Terry. That request was entirely denied on the
basis that there is an ongoing investigation of his murder. Terry was murdered
in December 2010. Taking a year and a half (with no end in sight) to investigate
the murder of a federal agent is not exactly fast-paced. The existence of an
“ongoing investigation” is a common pretext to keep Congress and the public in
the dark.
CBS points out that the FBI has already provided some
Terry records to the media without jeopardizing the investigation. Further, the
FBI has failed to provide a log of the withheld documents.
(2) The second category of documents that the Obama
administration has totally refused to provide to Congress is communications
between the DOJ and the White House about President Obama’s March 22, 2011,
interview on the Spanish-language channel Univision. During that interview,
Obama insisted Holder had never approved “Fast and Furious.” How was he so
sure? What did the White House know at that point?
Jaime Zapata |
(4) “Reports of Investigation (ROIS) related to
‘Operation Fast and Furious.’” These relate to items in category 5, below.
Matt Axelrod |
Former BATFE Acting Director Melson testified to
Congress, “It appears thoroughly to us that the department is really trying to
figure out a way to push the information away from their political appointees
at the department.” Documents in categories 4 and 5 could shed light on DOJ
efforts to push all the “Fast and Furious” blame away from Obama’s political
appointees.
Kenneth Melson |
(6) “All communications sent or received between Aug. 7, 2009, and March 19, 2011, between and among former Ambassador to Mexico Carlos Pascual; Assistant Attorney General Lanny Breuer; and Deputy Assistant Attorney General Bruce Swartz.” This relates to the DOJ concealing the existence of “Fast and Furious” from American officials in Mexico at a time when the Americans in Mexico noticed a “surge” in crime-gun smuggling in Mexico—a surge that was caused by “Fast and Furious.”
Carlos Pascual |
Bruce Swartz |
The issues in items 7-10 all involve alleged failures
to share information between three organizations that are part of the federal
Department of Justice: BATFE, FBI and the Drug Enforcement Agency.
Under “Fast and Furious,” BATFE told Arizona gun
stores to sell rifles to obvious “straw purchasers.” These buyers were not
purchasing firearms for themselves, but instead were buying on behalf of
someone who could not legally buy a gun in the United States. Straw purchases
are a federal felony.
Manuel Fabian Celis-Acosta |
The straw purchasers whom “Fast and Furious” was enabling were apparently working for a Mexican named Manuel Fabian Celis-Acosta who, in turn, was procuring the guns for a higher-up in a drug-trafficking organization.
In May 2010, Celis-Acosta was caught bringing arms,
magazines and ammunition into Mexico. If “Fast and Furious” had been a genuine
investigation, the capture of Celis-Acosta would have been the perfect time to
arrest him, shut down his gun smuggling operation and offer him a reduced
sentence in exchange for providing information about his superiors.
Instead, MacAllister let Celis-Acosta go based on his
promise that he would keep in touch and cooperate with BATFE. Unsurprisingly,
he never called back and vanished into Mexico. He was eventually captured in
February 2011, after the December 2010 murder of Agent Terry had resulted in
“Fast and Furious” being terminated a month later.
According to the Arizona Daily Star, when BATFE finally arrested
Celis-Acosta in February 2011, BATFE discovered that he was working for Eduardo
and Jesus A. Miramontes-Varela, who were procuring guns for the Sinaloa cartel.
According to media reports, the brothers were also protected informants for the
FBI.
Why did the FBI and DEA let “Fast and Furious” go on
so long when they knew that BATFE’s supplying Celis-Acosta with murder weapons
for cartel killers would never lead to the prosecution of an important cartel
leader? Congress wants to know, and Attorney General Holder seems to want
Congress not to know.
Even if the Miramontes-Varela brothers had not been
protected FBI assets, “Fast and Furious” would have been an outrage. Putting
more than 2,000 murder weapons into the hands of deadly drug cartels is not
exactly an acceptable way to catch a pair of gun-smuggler bosses.
(8) FBI or DEA documents involving the “targets,
suspects or defendants in the ‘Fast and Furious’ case.” This is similar
information to item 7: The FBI and DEA’s knowledge of, and relationships with,
the Miramontes-Varela brothers and Celis-Acosta.
(9) “Any investigative reports by the FBI or DEA
relating to the individuals described to committee staff at the Oct. 5, 2011,
briefing at Justice Department headquarters as Target Number 1 and Target
Number 2.” This one apparently relates to information from a closed-door
briefing, and perhaps relates to items 7-8.
(10) DEA documents about Celis-Acosta: this item is
similar to item 8.
(11) FBI laboratory documents involving the investigation of Border Patrol Agent Terry’s death. These relate in part to the
DOJ’s claim that Terry was not murdered with a “Fast and Furious” gun, since
the particular gun that killed him cannot (supposedly) be ascertained.
(12) “All agendas, meeting notes, meeting minutes and
follow up reports for the Attorney General’s Advisory Committee of U.S.
Attorneys between March 1, 2009, and July 31, 2011, referring or relating to
‘Operation Fast and Furious.’” These would help reveal who at the DOJ
leadership knew about “Fast and Furious“and when they knew it.
(13) Surveillance tapes from Lone Wolf Trading Co.
between Oct. 3 and Oct. 7, 2010. Lone Wolf was one of the gun stores that
BATFE tricked into selling “Fast and Furious” guns by falsely telling the owner
that all the guns were carefully tracked once they left the store, and the guns
would never be allowed into the hands of someone who would do harm. The dates
relate to a break-in at Lone Wolf.
Larry Alt |
When Alt’s phone was searched, there were no such
applications—not surprising, since those applications are not compatible with
his particular phone. Alt denies downloading the applications, yet while
BATFE’s retaliatory “investigation” continues, he is denied all pay raises,
transfers or promotions.
Attorney General Holder likewise stonewalled a November
2011 question from Iowa Sen. Charles Grassley asking the name of the DOJ
official who leaked documents in an attempt to smear and retaliate against a
BATFE whistleblower. Holder refused to divulge the person’s name.
According to the contempt resolution, “For over a
year, the department has issued false denials, given answers intended to
misdirect investigators, sought to intimidate witnesses, unlawfully withheld
subpoenaed documents and waited to be confronted with indisputable evidence
before acknowledging uncomfortable facts.”
Rep. Trey Gowdy |
However, President Obama says that if the bill is not
changed, he will veto it. He objects to provisions in the law that end the
system of rifle registration that his administration created (with no
congressional authorization) in the four Southwest border states.
Joe Donnelly |
Holder and his allies insist the investigation is just
election-year politics. The fact is, if Holder had cooperated with the
congressional investigation that began in early 2011, the investigation could
have been finished last year.
Instead, the Holder DOJ sent the committee a letter in
February 2011 containing the flagrant falsehood that the DOJ had never allowed
guns to “walk.” That letter was not retracted until 10 months later—half a year
after BATFE employees had described under oath to Congress the gun walking in
horrific detail.
129 U.S.
representatives have said that Holder should resign or be fired over “Fast and
Furious,” or co-sponsored a House resolution of “no confidence” in him. So have
three U.S. senators and two governors. Most importantly, the presumed
Republican presidential nominee, Mitt Romney, has said that Holder should be
removed.
Last year, since the true scope of “Fast and Furious”
became apparent, NRA began calling for Holder’s dismissal. Speaking at the NRA
Annual Meetings & Exhibits in St. Louis this past April, Romney said, “I
applaud NRA leadership for being among the first and most vocal in calling upon
Attorney General Holder to resign or get fired.”
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