ATF Under Scrutiny for Operation Fast and Furious

Posted on 21. Jun, 2011 by John Lyman in Americas, Latest, U.S. Politics

The relationship between House Oversight Committee Chairman Darrell Issa (R-CA) and Ranking Member Elijah Cummings (D-MD) can be contentious at times and this was made all the more clear during a June 15th hearing on Operation Fast and Furious. The now-defunct program, launched under the auspices of Project Gunrunner by the Bureau of Alcohol, Tobacco and Firearms (ATF), seeks to track gun sales on the U.S./Mexican border with the intended purpose of staunching the flow of guns that eventually end up in the hands of well-armed Mexican drug cartels. Gun stores located in states bordering Mexico are allowed to sell guns in bulk to straw purchasers and these weapons are then tracked by the ATF. Chairman Issa has taken issue with the program because many of the guns have been traced to several crimes and the killing of a U.S. Border Patrol agent, Brian Terry, in December of last year. Further, the program has garnered the most attention because the ATF released approximately 2000 guns into Mexico and only 600 of these have been recovered. The remaining guns have been tracked to around 150 shootings including that of Brian Terry. During an interview with Fox News, Issa suggested that problems associated with the

program go further than acting ATF director, Kenneth Melson, but that he should resign following revelations that misplaced guns have been linked to the killing of Brian Terry. It wasnt just him (Melson)this was a program so stupid from the startClearly at Justice, at high levels, they knew the details because they were funding and coordinating this project, Issa said. While the hearings have attempted to investigate who at the Justice Department and the ATF authorized the program, an exchange between Issa and Cummings at the June 15th hearing assumed a dramatic air. Particularly, the questioning of Ronald Weich, the Assistant Attorney General of the Department of Justice, by Chairman Issa, could be described as contentious. According to Mondays transcript, the chairman expressed displeasure with the fact that the DOJ submitted documents to the committee that had a significant number of the pages redacted. (Begin Transcript) Chairman Issa: Sir, if youre going to count pages like this as discovery, you should be ashamed of yourself. The only thing that this says is internal use only, not for dissemination outside the ATF. Thats not discovery. That is saying that nothing within the document requested under any circumstances are we going to be shown. It doesnt take so long if you dont spend your life redacting. The pages go on like this forever. Youve given us black paper instead of white paper. You might as well have given us a ream still in its original binder. How dare you make an opening statement how dare you make an opening statement of cooperation? Weve had to subpoena again and again. Youve your your representatives of this of your organization, of the executive branch, have discouraged witnesses from coming forward.

It has only been the courage of whistleblowers like the ones you saw here today that have caused us to have more documents on this case than you have ever suggested turning over. And how dare you talk about 900 pages, all of which were available on the Internet? Your first discovery that you ever turned over, you gave us already available on a Google search documents only. So sir, what executive privilege are you claiming? Sensitivity is not envisioned. On Monday, we held a hearing here, and I hope you had plenty of people watching it, and if you didnt, get it on YouTube. Not one witness, not on direct or on cross, talked in terms of a kind of unique sensitivity. Instead, they gave us case law and cases involving Justice that say just the opposite of what youre saying. Sir, you heard from the family, and you heard from the whistleblowers. They have concerns about whether youre charging everybody in Brian Terrys murder. And, yes, Im deeply concerned and weve promised to get to the bottom of it. If somebody wants to call that political interference, so be it. You should be held to a standard of why everybody, including the people who lie buy and lie those weapons, why theyre not being charged if theres any chance they can be properly linked to his murder. But lets move on. Understand, thats for the family. For this committee, were investigating you, your organization, the executive branch above the Phoenix office is who were investigating. We want to know what felony stupid bad judgment led to allowing this program at the highest levels. When youve got the head of Alcohol, Tobacco and Fire (sic) on on basically his computer screen watching these things, dont tell me you didnt know what it was doing. It appears to us on this side of the aisle and I believe on the other side that you

thought this was a good idea. Today, are you prepared to tell us that this program was, in fact, necessary and a good idea, and are you prepared to tell us who authorized it? Who was the greatest, highest ranking person who authorized any part of it? Assistant Attorney General Ronald Weich: Mr. Chairman, youve raised a number of issues. Let me try to address (CROSSTALK) Mr. Issa: Do the last ones first. Who authorized this program that was so felony stupid that it got people killed? Mr. Weich: The attorney general has said that he wants to get to the bottom of this. He has directed the Office of the Inspector General at the Justice Department to review this matter in order to answer questions like the ones Mr. Issa: And, if thats the case, then why are we any burden at all? Isnt every one of our requests consistent with what the inspector general and the attorney general should be looking at in this case? Mr. Weich: I dont know for a fact that everything youve asked for is what theyre looking at. Mr. Issa: I hope you came here to answer questions like that. Were asking for things related to the above-the-field level almost exclusively. Our questions are about who authorized this, why did it happen, why did it continue? Our question to you today is the president said he didnt authorize it. He said the attorney general didnt authorize it. He didnt say he didnt know about it. He said he didnt authorize it. Who at Justice authorized this program? Mr. Weich: As Ive said, Mr. Chairman, the Office of the Inspector General Mr. Issa: Who at Justice and if you know, I ask you to answer, who do you know was involved in the authorization of this today? Do you know? Do you know?

Mr. Weich: Well, Mr. Chairman, if youll permit me to answer the question, we sent a letter to Chairman Smith, who asked a question like that. And we pointed out that this operation, as with other law enforcement operations, originated in the ATFs Phoenix office. Mr. Issa: Thats not authorization. Who authorized it at the highest level? Mr. Weich: Again, Mr. Chairman, please, if youll permit Mr. Issa: Do you know who authorized it at the highest level? And dont answer Phoenix or Tucson or any part of Arizona, if you please. Mr. Weich: Well, Mr. Chairman, its difficult to answer your questions if you wont permit me to answer them. Mr. Issa: I want the answer to my question, which was who here in Washington authorized it. We know who looked at it on video. We know who authorized it effectively at least by acquiescence. Who authorized this at Justice? Mr. Weich: Mr. Chairman, I do not know the answer to that question, and the inspector general is reviewing the matter. Mr. Issa: Then we will have somebody back who does. The ranking member is recognized. Ranking Member Cummings: Mr. Weich, let me apologize for that. You dont deserve that. Perhaps somebody else in the department does. What is your role? Whats your job? Mr. Weich: Im the assistant attorney general for the Office of Legislative Affairs, Congressman. Mr. Cummings: And these are not decisions that you make, are they, the questions that he was just asking about, the chairman was asking about? Mr. Weich: Thats correct. Mr. Cummings: And as Ive said many times, theres a certain level of integrity that

we must maintain in this committee. I see this committee as just lower than a court, and I know, and Ive said it to the chairman and Ill say it over and over again, youve got to go home to your family. Youve got colleagues who are watching this, and for you to be hollered at and treated that way, I just think is unfair. And so, on behalf of the committee, I apologize. Mr. Issa: Would the gentleman yield? Mr. Cummings: No, I will not yield. Im trying to talk to the witness. I didnt interrupt you. Mr. Issa: No. And you didnt (CROSSTALK) Mr. Cummings: But Ill yield Ill yield as long as I get the the time. Mr. Issa: Hold the time. Would the gentleman please note, you may apologize on behalf of something you say. I am not apologetic Mr. Cummings: Fine. Mr. Issa:and you may not apologize on behalf of the committee. Mr. Cummings: Thank you. I Mr. Issa: The gentleman may resume. Mr. Cummings: Let me say this. I apologize. Because were better than that. Were better than that. And I do hope that we bring the appropriate people who can answer those questions, and even when they come, they should not be treated that way. (End of Transcript) While Kenneth Melson, the acting ATF director contends that he is not in the wrong the White House is undoubtedly concerned about the undo attention that this has brought to an agency that in the past has been scrutinized for the raid on the Waco Texas compound of Branch Davidian leader David Koresh in the 1990s.

Amid criticism over Operation Fast and Furious, the acting head of the ATFs Chicago office, Andrew Traver, is scheduled to meet with President Obama and Kenneth Melson is expected to step down from his post. Mr. Obama has placed in nomination Mr. Traver as the ATFs permanent director but his nomination has been stalled in the U.S. Senate. Since 2006, when Congress was given the authority to confirm the ATF director, the NRAs influence has insured that any potential nominee be considered 2nd Amendment friendly. Because of this, Mr. Travers nomination has been stalled because the powerful gun lobby considered the presidents choice to be an enemy of gun owners and a supporter of stricter gun laws. While Mr. Melson believes that his tenure as acting director has been exemplary, the fact remains that guns traced from the Fast and Furious program have been linked to the killing of U.S. Border Patrol agent Brian Terry in December. Several ATF agents who testified at last weeks hearing had warned their superiors that guns being sold in the U.S. for transit to Mexico would possibly land in the hands of some Mexican drug cartels. Despite the fact that a significant number of guns from the program had gone wayward, Assistant Attorney General Ronald Weich stressed that 20 indictments had been handed down resulting from the program. Furthermore, since Gunrunner was launched in 2006, 10,000 firearms have been seized and close to 800 have been arrested. Part of the Justice Departments efforts to unweave a very complicated but much maligned program is to investigate how these guns went missing. The IGs office at the Justice Department is investigating this development. Sen. Charles E. Grassley (R-IA) testified at Issas hearing and stressed that the ATF is supposed to stop criminals from trafficking guns to Mexican drug cartels. Instead, ATF made it easier for alleged cartel middlemen to get weapons from U.S. gun dealers. Agents were ordered to stand by and watch these middlemen these straw purchasers buy hundreds upon hundreds of weapons. Agents warned that inaction could lead to tragedy, but management didnt want to listen. We will hear from some

of those agents today. Attorney General Eric Holder has intensified the criticisms surrounding Operation Fast and Furious due to his inability or unresponsiveness in naming who at the Justice Department or the ATF authorized the program. Despite being perceived as arrogant by Chairman Issa, Eric Holder and the Justice Department insists that it considers charges leveled at the Fast and Furious program serious. The Justice Department released this statement, The attorney general takes the allegations that have been raised by some A.T.F. agents about the Fast and Furious operation seriouslyThe department has also made clear to law enforcement agencies and prosecutors working along the southwest border that under no circumstances should guns be allowed to cross the border into Mexico. As Fast and Furious is further scrutinized, the Attorney General and the Justice Department will come under intense pressure to divulge who approved this controversial program. I believe hes been very careful about his words. To say that he approved it hes denied his approval of it. But to think that something like this is going on to the scale and to the volume that it did, as the attorney general, as the leader of the Department of Justice and not know about it? Thats a lose-lose for him. He either had to know about it and didnt do anything about it, or he didnt know about it and it shows that hes incompetently running the Department of Justice!, ATF special agent Jay Dobyns told Fox News host Greta van Susteren. John Lyman is the Editor-in-Chief of Foreign Affairs Journal. Tags: Assistant Attorney General Ronald Weich, ATF, Attorney General Eric Holder, Mexico, NRA, Project Gunrunner, Rep. Darrell Issa, Rep. Elijah Cummings, Sen. Charles E. Grassley