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RF DCBarComplaint

RF DCBarComplaint

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Published by: dcodrea on Jul 05, 2012
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07/05/2012

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July 4, 2012Office of Bar CounselBoard on Professional ResponsibilityDistrict of Columbia Court of Appeals515 5th Street NWBuilding A, Suite 117Washington, DC 20001Dear Board Members:Eric H. Holder, Jr. is a licensed attorney and currently the highest practicingattorney in America as the Attorney General for the United States Department of Justice. Although you hold attorneys to a high standard, I think in his case in hisposition, he must set an example and therefore be judged at the highest standardfor professional conduct. For him, you cannot set the bar too high.I have been attentive to hearings conducted by Congress on a DOJ issueinvolving the arming of the Sinaloa cartel in Mexico through gun dealers inPhoenix AZ, code-named “Fast and Furious”. A veteran of the Vietnam War, Ibegan following the story in July of 2011 and was shocked to read about a felonyoperation run out of the US Attorneys Office in Phoenix, Arizona.It amazes me that since first reading about the operation, no one has been heldaccountable by Mr. Holder. Dennis Burke resigned as US Attorney butapparently broke several laws, including his admission that he suppliedinformation to newspapers in order to “out” a Fast and Furious ATF field agentwhistle blower in violation of the law. Mr. Burke has never been charged withany felony and still has his law license.I have attached the relevant pages from the Congressional Record whichprovides details of a felony operation in an attempt to obtain an authorization for a wire tap through an Affidavit. While it puzzles me how a Federal Judge couldignore the felonies detailed in the Affidavit, I am even more surprised by thepublic statements made by Eric Holder on June 7 with regard to this Affidavit that“nothing in those affidavits as I’ve reviewed them…indicates that gunwalking wasallowed.” That statement is truly breathtaking based on my own lay reading of the Congressional Record.It appears that Eric Holder is in violation of your published professionalstandards, namely Rule 8.4 “Misconduct” paragraphs a through e. It is my belief that Mr. Holder violated the law by trying to obtain, and by obtaining, ExecutivePrivilege to hide a cover up in DOJ. By going to the Washington Post andworking with a reporter who has done nothing to shed light on the crimescommitted by the DOJ, Mr. Holder has attempted to divert public attention fromthe crimes to a belief that there is a political motive to get to the US President
 
Board on Professional ResponsibilityJuly 4, 2012Page 2through an attack on Holder’s purported honesty and integrity. These efforts,among many others, amount to obstruction of justice, a serious federal felonyunder 18 USC § 1505.I understand that Mr. Holder is subject to your disciplinary authority, under Rule8.5 and that this complaint, filed by a United States Citizen, legal resident of theState of Georgia, has standing as a formal complaint that must be investigated.With regard to paragraph 8.4 (a), it is my understanding that the DOJ hasinstructed personnel not to cooperate in the investigation of gun walking thatimplemented in September 2009 upon the arrival of Mr. Burke in AZ and wasended prematurely after the death of the US Border Patrol Agent, Brian Terry.The DOJ has filed a response to a complaint from the Terry family suggestingthat his death was not the result of any malfeasance on the part of the USGovernment. It is clear from the action taken by the US Congress that most Americans believe that the DOJ is responsible for his death as a result of areckless gun walking program that never should have been implemented.Kenneth Melson, Acting Director of ATF at the time, is a witness to these events.With regard to paragraph 8.4 (b), it is my understanding that answers given to theOversight Committee by Mr. Holder were false, withdrawn or otherwisedishonest. A simple review of his examination in nine hearings should providethe proof behind my sincere understanding.With regard to paragraph 8.4 (c), it is my understanding that at his initialappearance, Mr. Holder attempted to frame the operation as having goodintentions in that the purported purpose was to arrest cartel leaders. The Boardshould ask Eric Holder to be specific as to how he believes that is possible giventhe DOJ policy of allowing known felons to buy guns and not follow them and notprevent them from crossing the border despite the desire by ATF field agents todo so. Instead, new agents stationed by DOJ in Mexico found the guns at grislycrime scenes in Mexico or in America. It is a simple fact that the stated goal isimpossible and given in order to mislead Congress and the public in violation of his obligation not to misrepresent any fact.With regard to paragraph 8.4 (d), it is my understanding that Mr. Holder hasrefused to provide evidence in his custody and control that has absolutelynothing to do with Executive Privilege, such as, for example, an e-mail sent toDOJ in March 2011 by Kenneth Melson, regarding the Wire Tap Affidavit that isnow contained in the Congressional Record and attached hereto. That e-mailcautioned the Attorney General that the information contained in the Affidavit was
 
Board on Professional ResponsibilityJuly 4, 2012Page 3at odds with a letter sent by DOJ to Senator Grassley in February 2011. Thatfalse letter was withdrawn in December 2011, nine months after the warningprovided by Kenneth Melson in the March 2011 e-mail, a violation that extendedfor nine months and clearly interfered with the administration of justice.With regard to paragraph 8.4 (e), it is my understanding that Mr. Holder has doneeverything within his power to avoid answering the questions concerning thefelony operation, avoid holding anyone accountable, avoid any responsibilityfor his actions or inactions concerning this felony operation. In addition, over asixteen month period of time, he tried to influence Oversight Committee membersto support him when no such support was deserved or earned and yet provided.With regard to these serious allegations, there are several witnesses who havecomplained about his conduct since at least February of 2011. First andforemost is Senator Charles Grassley, who felt obligated to encourage theOversight Committee involvement because he was not given answers to hisquestions, or if he was, he considered them dishonest. Another worthy witnessto these serious allegations is Senator John Cornyn, a former Texas SupremeCourt Justice. Senator Cornyn, upon information and belief, does not believethat Mr. Holder has been truthful, honest, forthright or cooperative with him.Obviously, Kenneth Melson can provide direct knowledge of the interference byDOJ in his attempt to get to the truth. He would be the first to admit that he wasmisled in his initial belief that the Fast and Furious investigation was lawful andworthwhile. That opinion changed once he had access to the very evidence thatthe US Congress has sought from Mr. Holder but been unable to retrieve due tostonewalling, obstruction of justice, and dishonesty in violation of his license.US Representative Jason Cheffetz challenged Eric Holder with regard to a falseinterpretation of an e-mail that mentioned Fast and Furious.These charges are serious and need to be addressed at the earliest opportunitygiven the importance to a nation of a Department of Justice being led,apparently, by a stone cold liar.Thank you sincerely,Robert Fischl[Address and phone redacted]Enclosures Congressional Record pages H4410 and H4411 June 28, 2012

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