Cummings Issues Mealy-Mouthed Statement On Lawsuit Against Holder

Rep. Elijah Cummings (D-MD), the Ranking Member of the House Oversight and Government Reform Committee, has stayed true to form and issued a statement accusing Republicans of playing politics.

Cummings Issues Statement on Issa Suit Against Attorney General Eric Holder

WASHINGTON, D.C. (August 13, 2012) – Rep. Elijah E. Cummings, Ranking Member of the House Committee on Oversight and Government Reform, issued the following statement after Chairman Darrell Issa announced plans to file a federal lawsuit today against Attorney General Eric Holder for documents related to the subpoena on Operation Fast & Furious.

“It seems clear that House Republican leaders do not want to resolve the contempt issue and prefer to generate unnecessary conflict with the Administration as the election nears,” said Cummings. “Unfortunately, the American public suffers as House Republicans disregard the real work that needs to be done.”

I guess the best thing that you can say about Rep. Cummings is that he is consistent in his defense of Eric Holder and the Obama Administration. Cummings give truth to the Emerson quote that “a foolish consistency is the hobgoblin of little minds; adored by little statesmen and philosophers and divines”.

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.

First Casualty Of Oversight Committee Report

The House Oversight and Government Reform Committee’s Final Report, Part 1, on Operation Fast and Furious appears to have caused its first “casualty”. The AP is reporting that William Hoover, one of the five BATFE managers named in the report, has left the agency.

Hoover was Deputy Director of BATFE from 2009 until 2011 when he was reassigned due to the fallout from Operation Fast and Furious. He had been appointed the Special Agent in Charge of the Washington (DC) Field Division by Acting Director B. Todd Jones last October but was relieved of his duties in January 2012 along with Mark Chait and William McMahon. At the time, it was speculated that Hoover was relieved of his duties in advance of the Inspector General’s report. That report still has not been either completed or released by the OIG.

Hoover had received bi-weekly briefings on Operation Fast and Furious but never shut it down despite reported misgivings.

This may be snarky but I’m sure Mr. Hoover is leaving with most of his pension intact.

UPDATE: Dave Workman, writing in the Seattle Gun Rights Examiner, has more on Hoover’s leaving. Writing about this on Tuesday, Dave said:

William Hoover, former ATF deputy director, retired this week according to reliable sources. Hoover was the official who ordered an “exit strategy” for the operation when he realized its scope, but according to the report, that strategy was never followed. “Hoover,” the report says, “was also instrumental in briefing Department of Justice personnel about the status of Fast and Furious, and had previously discussed gunwalking concerns in another case with Bill Newell.”

Mike Vanderboegh On White House Links To Fast And Furious

As I said yesterday, it will take days to sift through all the stuff that was released on Tuesday by the House Oversight and Government Reform Committee in the first part of their Final Report on Operation Fast and Furious.

Mike Vanderboegh has been doing some sifting of his own. He has written extensively in the past about Dr. Kevin O’Reilly who had been in the White House on the National Security Council. You may remember that he and Phoenix SAC Bill Newell had a back channel communication going on Operation Fast and Furious. While Newell has been questioned about this, the White House refused to let the Oversight Committee speak with Dr. O’Reilly citing executive privilege.

In his latest installment, Mike finds more evidence of the White House’s fingerprints on Operation Fast and Furious. Sit down with a cup of coffee and read it a couple of times. There is a lot there.

Naming Names

Richard Serrano of the LA Times writes that a report that should be released later this week by the House Oversight and Government Reform Committee names five BATFE officials as collectively responsible for Operation Fast and Furious. The report also states that they attempted to hide from the Mexican the fact that is was walked guns that were used in the murder of the Mexican attorney general’s brother.

This report is the first of three to be released. The other two will detail the failure of supervision and leadership by Justice Department officials and will go into the obstruction of the Congressional investigation by the highest levels of the Justice Department. This report is co-authored by Rep. Darrell Issa (R-CA) and Sen. Chuck Grassley (R-IA).

The officials named in the report include William Newell, William McMahon, Mark Chait, William Hoover, and Kenneth Melson.

They found that William Newell, the special agent-in-charge in Phoenix, exhibited “repeatedly risky” management and “consistently pushed the envelope of permissible investigative techniques.” The report said “he had been reprimanded … before for crossing the line, but under a new administration and a new attorney general he reverted back to the use of risky gunwalking tactics.”

His boss, Deputy Assistant Director for Field Operations William McMahon, “rubber stamped critical documents that came across his desk without reading them,” the report alleged. “In McMahon’s view it was not his job to ask any questions about what was going on in the field.”

They added that McMahon gave “false testimony” to Congress about signing applications for wiretap intercepts in Fast and Furious.

His supervisor, Mark Chait, assistant director for field operations, “played a surprisingly passive role during the operation,” the report said. “He failed to provide oversight that his experience should have dictated and his position required.”

Above Chait was Deputy Director William Hoover, who the report said ordered an exit strategy to scuttle Fast and Furious but never followed through: “Hoover was derelict in his duty to ensure that public safety was not jeopardized.”

And they said Melson, a longtime career Justice official, “often stayed above the fray” instead of bringing Fast and Furious to an “end sooner.”

The report, while naming Melson as one responsible officials, said that Justice Department officials tried to make him the scapegoat for the operation after his testimony to the committee on July 4th of 2011.

To date, all the men named in the report still hold positions within BATFE headquarters or the Justice Department in the case of Kenneth Melson.

That’s A Good Question, Mitt!

Mitt Romney has been attacked recently by the Obama campaign for not releasing his 2011 tax returns. He appeared on Fox’s Fox and Friends show this morning as part of his counter-attack. You can see the full interview here but this is the part that I found relevant.

Instead of asking why Romney hasn’t released his tax returns, Romney said the question should be why hasn’t the Obama Administration released the documents relating to Operation Fast and Furious. As one Tweet said elsewhere, Romney’s tax returns never killed anyone.

Vanderboegh And Codrea On Lou Dobbs Tonight

I’m glad to see Lou Dobbs give Mike Vanderboegh and David Codrea the credit they deserve for breaking the story on Operation Fast and Furious. They were interviewed this evening on his Fox Business show about their ethics complaint against Eric Holder as well as what they see coming next for the investigation.

Watch the latest video at video.foxbusiness.com

A bit off topic but I think Mike looks good given his recent surgery and the attendant complications. You can tell he’s lost some weight. I hope and pray that his recovery continues without any further complications.

More On The Unsealed Indictment

ABC News had footage from today’s press conference with US Attorney for the Southern District of California Laura Duffy. She is the lead prosecutor in the murder prosecution of the six Mexican nationals charged with Border Patrol Agent Brian Terry. Given the involvement of the US Attorney’s Office for Arizona in Project Gunwalker, outside prosecutors had to be brought in.

While it has been rumored for a long time that the Border Patrol Agents responded with less than lethal ammunition (beanbags), I believe this is the first time the government has confirmed it. To me, this is the equivalent of taking a knife to a gun fight.



David Codrea has a different take on the unsealing of the indictment in his National Gun Rights Examiner column today.

Noting indictments were handed down by a federal grand jury in November, 2011, and the men are still at large, it would seem fair to ask what information Justice has to to be confident they have not automatically condemned the suspects—and that word is key—to violent deaths, whether they are entrenched in Mexico or hiding in the U.S. from ruthless gangs who ignore borders as a matter of course?

If the unsealing somehow forces the suspects in from the cold, the gamble with their lives will have paid off, but that assumes they are still alive and they are guilty. If they are instead caught first by the cartels, the adage “Dead men tell no tales” will certainly fuel further speculation among those who don’t believe the government has been forthcoming about its role in a deadly operation that has already claimed known and untold lives, an unfortunate but logical consequence of earned mistrust.

I think David brings up some very valid questions. I would be surprised if they are ever found, alive or dead.

Indictment In Brian Terry Murder Unsealed

The Justice Department today unsealed the indictment for the murder of Border Patrol Agent Brian Terry. The FBI also announced a $1 million reward for information leading to the four men who were indicted that are not in custody. Two others are already in Federal custody and have been for some time.

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

When asked about the unsealing of the indictment, Chairman Issa applauded the unsealing of it but questioned the timing of it. He thought the release of it now was an effort to divert attention from the House’s contempt citation of Attorney General Eric Holder.

From the Fox News report by William LaJeunesse and Megyn Kelly:

The 11-count indictment, originally handed up by a grand jury in November 2011, implicates five defendants in the killing. A sixth suspect has also been charged in a related incident.

The two men in custody are Manuel Osario Arellanes — who was wounded in the foot the night of the firefight — and his brother Rito. Rito, who was arrested two nights before the Terry shooting, allegedly helped provide weapons to the criminal gang used in the shooting. All six men named in the indictment are either related or friends.

The other four are believed to be hiding out in Mexico, and the U.S. is now offering a reward of up to $1 million for information leading to their arrest. They are: Jesus Rosario Favela-Astorga; Ivan Soto-Barraza; Heraclio Osorio-Arellanes; and Lionel Portillo-Meza.

The indictment charges Manuel Osario-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Orsorio-Arellanes, and Lionel Portillo-Meza with 1st Degree Murder, 2nd Degree Murder, Robbery, four counts of Assault on a Federal Officer, and Using and Carrying a Firearm during a Crime of Violence.

The indictment names all of the five men above plus Rito Orsorio-Arellanes with Conspiracy to Interfere with Commerce by Robbery. The indictment also charges Manuel Osario-Arellanes with two counts of a Felon in Possession of a Firearm. Finally, the indictment seeks forfeiture of the two AKs that have been linked to Operation Fast and Furious plus ammunition. The ammo to be forfeited includes boxes of 7.62×39 as might be expected plus a box of .45 ACP and two boxes of .223. You have to wonder if any of the firearms that used the latter were part of Operation Fast and Furious.

I have embedded the full unsealed indictment below:

USA v. Manuel Osario Arellanes et al

An Odd Coincidence

Much has been made of the similarities of the Watergate scandal to that of Operation Fast and Furious. Both involved a president invoking executive privilege, both involved shady attorneys general, and both have involved a concerted effort at cover-up. Of course, it should be noted that no one died as a result of the Watergate break-in and over-up.

Reading a post on CleanUpATF.org I came across another interesting link between the two scandals: they both had an ATF connection. The connection of Operation Fast and Furious to ATF is, of course, well established. However, it wasn’t until I read the obituary for Jack Caulfield who died on June 21st that I came across the ATF connection.

Caulfield played a role in Watergate as a messenger for the Nixon White House to the Watergate burglars. From his obituary in the New York Times:

Jack Caulfield, a former New York City police detective who died on Sunday in Vero Beach, Fla., at 83, was once a master of dirty tricks for the Nixon White House who had his biggest brush with history in the role of a messenger.

By all accounts, in January 1973, Mr. Caulfield met with James McCord Jr., a former C.I.A. officer and one of the burglars in the Watergate break-in, to tell him that the White House was prepared to grant him clemency, money and a job in return for not testifying against members of the administration and accepting a prison sentence.

Mr. Caulfield further told Mr. McCord that the president knew about their meeting and that its outcome would be transmitted to him.

Testifying before the Senate Watergate committee in 1973, Mr. McCord said he was told that the clemency offer had come from “the highest levels of the White House.” Mr. Caulfield also appeared before the panel.

The account appeared to link Nixon directly to efforts to cover up the White House’s involvement in the break-in at Democratic National Committee headquarters in June 1972, the event that would lead to Nixon’s downfall.

But Nixon denied the allegation, and transcripts of White House tapes did not show that he had been behind the offer. John W. Dean III, the White House counsel, told investigators that it was he who had authorized Mr. Caulfield to broach the matter with Mr. McCord, though Mr. Dean insisted that he had done so with the president’s knowledge.

Mr. McCord was one of the first to be convicted in the Watergate affair, on conspiracy, burglary and wiretapping charges. Mr. Caulfield was not charged.

At the time Caulfield met with James McCord, he was the Assistant Director for Criminal Enforcement for ATF. He describes his role at ATF in this piece for the Nixon Era Center at Mountain State University:

To back up a bit, a few months prior to Watergate, I left the White House after seeking and getting, via the President’s support, the dream U. S. Department of Treasury position, Assistant Director: Criminal Enforcement — Alcohol, Tobacco, and Firearms. It was the start of a second, promising career and I enjoyed a terrific first year there with big plans underway to remake the moribund “revenuer” agency, containing over 1,500 Federal agents, into a first-class Federal law enforcement entity with a sharp focus on the firearms/explosives end of what was then a dawning (and disturbing) political terrorist trend. Additionally, I felt certain, based on my one-of-a-kind White House experience/connections, that I could provide the agency with the same Washington “clout” as enjoyed by the U.S. Secret Service.

But it was over in a New York minute when McCord decided in March ’73 (nine months after his arrest), to save himself from major (Sirica threatened) jail time by publicly turning on campaign committee associates and others. In that process, he caused the Watergate case under Sirica and other judges to cascade into a plethora of prosecutions, ruined reputations, and lost jobs – which included my prized ATF position, a casualty of the above alluded-to Dean/McCord message.

What struck me about Caulfield’s plans for ATF was how closely it corresponds to the efforts of the current ATF managers – especially the William Newell’s and David Voth’s – to grab attention for ATF. Some things it seems never change.