I’m Sure They’re Consistent, Mr. Attorney General

Attorney General Eric Holder released a statement today on the Office of Inspector General’s report on Operation Fast and Furious. He said the key conclusions were “consistent” with what he had been saying “for months now”.

Oh, Eric, you live in such a fantasy land if you think a report by your appointed Inspector General which was delayed for months and months is enough to get you off the hook. As Mike Vanderboegh so rightly called it, it is a whitewash. I think Katie Pavlich is probably correct that you are “spiking the football” and doing a victory dance.

Kenneth Melson has “retired”, Phoenix ATF and USAO personnel are likely to be terminated, and Deputy Assistant Attorney General Jason Weinstein was, as the Instapundit put it, “GoatScaped”.

You can read the full statement below provided you don’t have a weak gag reflex.

Attorney General Eric Holder released the following statement today on the Department of Justice’s Office of the Inspector General’s report on Operation Fast and Furious:

“I have reviewed the Office of the Inspector General’s report on Operation Fast and Furious and the key conclusions are consistent with what I, and other Justice Department officials, have said for many months now:


  • The inappropriate strategy and tactics employed were field-driven and date back to 2006;
  • The leadership of the Department did not know about or authorize the use of the flawed strategy and tactics; and


  • The Department’s leadership did not attempt to cover up information or mislead Congress about it.


“Beginning in 2011 – shortly after public concerns were first raised about Operation Fast and Furious – I referred this matter to the Office of the Inspector General (OIG). Throughout the next several months, I instituted significant policy reforms, stronger internal controls and made key personnel changes to prevent the flaws that plagued this investigation, as well as the earlier investigation, Operation Wide Receiver, from recurring. I’m pleased that the OIG report appropriately recognizes these reforms.

“Based upon the information in the OIG report and other related information, I am also announcing additional personnel changes today.

“First, Kenneth Melson, the former Acting Director at ATF, has retired from the Department, effective immediately. Ken has served the Department in several important roles for over thirty years, including as a United States Attorney for the Eastern District of Virginia and more recently as an advisor on forensic science issues. I want to thank him for his dedication and service to the Department over the last three decades.

“Second, those individuals within ATF and the U.S. Attorney’s Office for the District of Arizona, whom the OIG report found to have been responsible for designing, implementing or supervising Operation Fast and Furious have been referred to the appropriate entities for review and consideration of potential personnel actions. Consistent with the requirements of the Privacy Act, the Department is prohibited from revealing any additional information about these referrals at this time.

“Finally, I have accepted the resignation of Deputy Assistant Attorney General Jason Weinstein, a longtime career prosecutor who most recently served in the Criminal Division where he led our violent and organized crime, computer crimes and intellectual property enforcement efforts. Jason has dedicated much of his career to fighting violent crime and has led highly successful efforts around the country in this effort. The American people are safer because of his work. His commitment to the Department has been unwavering, and I deeply appreciate his 15 years of distinguished service here at Main Justice as well as in Baltimore and New York.

“It is unfortunate that some were so quick to make baseless accusations before they possessed the facts about these operations – accusations that turned out to be without foundation and that have caused a great deal of unnecessary harm and confusion. I hope today’s report acts as a reminder of the dangers of adopting as fact unsubstantiated conclusions before an investigation of the circumstances is completed.

“I want to assure the American people that I, and my colleagues at the Department, will continue to focus on our mission of protecting their rights and their security, and doing so in a manner that is consistent with the high standards of the Department of Justice. This includes continuing to seek justice on behalf of Agent Brian Terry and his loved ones.

“The FBI and the United States Attorney from the Southern District of California have been working for many months with Mexican authorities to identify and apprehend the fugitives involved in the murder of Agent Terry, who made the ultimate sacrifice in serving his country. We now have two men in custody and we will continue to aggressively pursue the remaining fugitives to ensure justice for Agent Terry, his family and his fellow law enforcement agents who put their lives on the line each day to keep this country safe.”

Issa Confirms Civil Lawsuit To Be Filed Against Eric Holder

Rep. Darrell Issa (R-CA) confirmed last night by Twitter that the House Oversight and Government Reform Committee will be filing their civil lawsuit against Attorney General Eric Holder in US District Court today. The suit is being brought to force Holder to turn over the subpoenaed documents that he and the Justice Department have been withholding.

Sharyl Attkisson of CBS News first reported that the lawsuit was to be filed yesterday afternoon.

The contempt vote had two possible tracks for enforcement: criminal and civil. But shortly after the House vote, the Department of Justice announced it would not pursue a criminal case against its own Attorney General and did not believe any crime had been committed. The civil lawsuit expected to be filed Monday would ask a federal judge to order the Justice Department to turn over the documents.

Matt Boyle of The Daily Caller has more here.

Reporting Requirement For Semi-Auto Rifles Originally Intended For More States

The House Oversight and Government Reform Committee released the first of three parts on its Final  Joint Report on Operation Fast and Furious yesterday. The report itself is 211 pages long while the three appendices comprise another 2,148 pages. To say it is detailed is an understatement.

It will take days before anyone can digest everything that is contained in the report and appendices. That said, a quick browse turned up a very interesting memorandum from then-Acting Director of ATF Kenneth Melson to Attorney General Eric Holder. (See Appendix III, page 173). The memo, received on March 26, 2010, was making the case to Holder for approval of a pilot project to use demand letters to Federal Firearms Licensees in certain states to force them to report multiple sales of semi-automatic rifles in a caliber greater than .22 and with the ability to accept detachable magazines.

This request was sent months before the Department of Justice Inspector General had released a report criticizing the effectiveness of ATF’s Project Gunrunner. Among the recommendations of the OIG’s reports was that reporting of multiple sales of long guns be explored. Melson concurred with this recommendation but said at the time “that this may require a change to the Gun Control Act which is beyond ATF’s and the Department’s authority.”

As we now know, ATF did get permission to do their one year pilot program to require reporting of multiple sales of certain rifles. It went into effect on August 14, 2011 in the Southwest Border states of Arizona, California, New Mexico, and Texas.

What makes Melson’s letter particularly interesting is that he was requesting authority from the Attorney General to not only request demand letters in the four border states but an additional eight more. These eight additional states included Colorado, Florida, Georgia, Illinois, Nevada, North Carolina, Oklahoma, and Washington State. The rationale given is that these (and the Southwest Border states) were the top 12 source states for firearms recovered and traced in Mexico in FY2009.

I think it has been assumed that the impetus for the multi-rifle reporting requirement was the Office of Inspector General’s report. As the Melson memo makes clear, ATF was pushing for this almost nine months earlier. Moreover, it was not limited to just states that bordered Mexico but major Mid-Western states such as Illinois and Southeastern states such as Florida, Georgia, and North Carolina. When you add in a state like Washington which is as far from Mexico as you could get, it doesn’t take too much of an imagination to assume that the so-called pilot program was meant to be a predecessor to rolling this out nationwide even though the Gun Control Act of 1968 did not give ATF this authority. Perhaps this is what Obama meant when he said to Sarah Brady that they were working “under the radar” on gun control.

Bar Ethics Complaint Against Holder Makes Fox News

The formal ethics complaint filed with the DC Bar by Mike Vanderboegh and David Codrea got some airtime today on Fox News.

William LaJeunesse of Fox discussed the complaint with Brian Darling of the Heritage Foundation and Michael Frisch of Georgetown Law Center. Frisch was formerly senior assistant bar counsel to the District of Columbia Court of Appeals. As might be expected, they differed in the seriousness of the ethics complaint and how it would be treated by the DC Bar.

Darling, who is a Senior Fellow for Government Studies at Heritage, thought the complaint was on solid ground. However, he didn’t expect them to take it up until next year.

“It is clearly a reasonable basis for a complaint against Eric Holder to say ‘you are in charge of the Justice Department, the Justice Department is refusing to produce documents that were subpoenaed by Congress and as a result you were held in contempt to Congress not once, but twice’,” he said.

Frisch, who is an adjunct professor of law at Georgetown, didn’t think the DC Bar would take the complaint seriously and would likely dismiss it.

“Because this particular complaint is written as if the attorney general had already been convicted of a crime, I think it will likely be rejected on its face,” said Michael Frisch, former member of the D.C. Bar Counsel and current Georgetown Law School professor.

Frisch goes on to add that the DC Bar has the option of deferring any action until such time as a parallel proceeding such as a civil proceeding is completed.

Mike and David fired a shot across the bow and it was a brilliant strategic move. Whether it is squashed or not by the DC Bar is actually irrelevant because it has kept the issue of Holder and contempt alive in the mainstream media.

Ethics Complaint Filed Against Holder With The DC Bar

In the next stage of taking the fight for justice to the belly of the beast, David Codrea and Mike Vanderboegh have filed a formal ethics complaint with the Office of Bar Counsel, Board on Professional Responsibility of the District of Columbia Court of Appeals.

From their press release:

3 July 2012

An ethics complaint against U.S. Attorney General Eric Holder has been filed by David Codrea and Mike Vanderboegh with the Office of Bar Counsel, Board on Professional Responsibility of the District of Columbia Court of Appeals. Codrea and Vanderboegh are the two bloggers who first broke the news of the Fast and Furious scandal in December 2010.

Said Vanderboegh, Eric Holder believes that he will escape serious consequences of the congressional investigations of the Fast and Furious scandal simply by running out the clock on his tenure. We intend this ethics complaint to place him on notice that his lies and malfeasances will follow him until justice is done.”

 The letter accompanying their ethics complaint can be found here.

More power to David and Mike. I’d love to see the look on the face of the person who opened that complaint!

FoxNews Sunday On Fast And Furious

In a web-only roundtable discussion, Chris Wallace discusses the contempt citation for Attorney General Eric Holder with Brit Hume of Fox, Liz Marlantes of the Christian Science Monitor, Shannon Bream of Fox, and Charles Lane of the Washington Post.

Brit Hume says of Holder that “he is damaged goods” but that Obama won’t ditch him before the election. Prior to saying this, Hume goes over some of the characteristics that most Attorneys General share including being above the fray, being respected by members of both parties, and being seen as non-political as much as they can be. He says that Holder doesn’t share these characteristics.

Liz Marlantes of the Christian Science Monitor buys into the Fortune Magazine story. As such, I dismissed everything else she had to say.

Shannon Bream isn’t much better but did make a somewhat insightful comment when she said that for those just learning of Operation Fast and Furious, this will seem political and a witch hunt. To which, Chris Wallace brought up the near mainstream media blackout on the scandal until Obama invoked executive privilege. He is correct. With the exception of CBS’s Sharyl Attkisson and Fox’s William LaJeunesse, the mainstream media ignored the story.

Finally, Charles Lane doesn’t think the contempt citation will leave a lasting taint on Holder. I think he’ll be found wrong on this.

Watch the latest video at <a href=”http://video.foxnews.com”>video.foxnews.com</a>

Delusional

Former Speaker and current House Minority Leader Nancy Pelosi is delusional. In this clip from today’s Meet the Press, she insists to David Gregory that the Republican leadership brought the contempt charges for Attorney General Eric Holder merely as payback. The payback is for what she calls “voter suppression” (sic) or what the rest of us call requiring voters to present identification showing that they are who they say they are.

No mention is made of the deaths of Federal law enforcement agents Brian Terry or Jaime Zapata nor is any mention made of the deaths of an estimated 300 Mexican nationals.

As I said in the headline, delusional.

Sorry Heath, This Doesn’t Cut It

Rep. Heath Shuler (D-NC) is usually a reliable vote on Second Amendment issues and is one of the leaders of the Blue Dog Democrats. He decided not to run for re-election earlier this year. His Chief of Staff, Hayden Rogers, is the Democratic nominee for the seat and was endorsed in the primary by the NRA-PVF. Rogers will face the winner of the Republican run-off primary.

Yesterday, Shuler was one of the 67 no votes on H. Res. 711 which is the contempt citation for Attorney General Eric Holder. He released this to press explaining his vote.

“Today the House of Representatives proved once again that dysfunction and partisanship rule the day. The vote to hold Attorney General Holder in Contempt of Congress after the Department of Justice released the requested information demonstrates that Congress has lost touch. While I strongly believe that the Department of Justice should fully cooperate with Congress to ensure transparency in the “Fast and Furious” operation, this motion lacks an enforcement mechanism to make it anything more than politically motivated. Further, I am disappointed that though an agreement could have been reached, the Majority has opted to use this vote as a fundraising mechanism to rally the base. It is no wonder I have opted to retire.”

I’m sorry but I have to raise the BS flag on this. The Department of Justice did NOT release the requested information prior to the vote. The DOJ has given the House Oversight and Government Reform Committee approximately 7,600 documents out of an estimated 140,000 (or even larger 250,000 documents according to some sources). If Mr. Shuler considers this releasing the requested information, he is sorely mistaken.

If there is a problem with the enforcement mechanism, it is only because a) the US Attorney for the District of Columbia is a Democrat and b) the Republican leadership does not want to use their inherent contempt power to arrest Holder.

As to his impending retirement, with four years in the NFL and six in Congress, we should all be so lucky to get the retirement checks he’ll be getting for 10 years of work.

So, Heath, this BS Flag is for you!

BS Flag gif

Grassley On Contempt Vote

Sen. Chuck Grassley (R-IA) had this to say about the House finding Attorney General Eric Holder in Contempt of Congress.

The House of Representatives today voted to enforce a subpoena to obtain records on Operation Fast and Furious by holding the U.S. attorney general in contempt of Congress. Sen. Chuck Grassley began investigating the circumstances of the death of border patrol agent Brian Terry 18 months ago after whistleblowers came to him with concerns. Grassley made the following comment on the House action.

“When a person dies in service to his country, and his own government may have contributed to his death, covered up evidence about the circumstances, or both, the survivors’ families and the American people have a right to know the truth. That was the case with Pat Tillman, and it’s the case with Brian Terry. The government should own up to any policies and practices that led to the harm of Mexican citizens as well. Those who don’t seem to want the truth or accountability default to accusations of political motivation against those seeking answers. Remember, the Justice Department insisted there was no gun-walking, then retracted that statement and reversed itself. The Justice Department is proven unreliable on this topic. The only way to try to get an accurate, complete account of what happened to Agent Terry and why is to obtain every possible record and account of the facts. We can only draw fair, informed conclusions from the complete facts. The fulfillment of the House’s pursuit of complete records from the Justice Department is necessary. Without it, we might never know what happened to Agent Terry. That can’t stand.”