July 4, 2012 Office of Bar Counsel Board on Professional Responsibility District of Columbia Court of Appeals 515 5th Street

NW Building A, Suite 117 Washington, DC 20001 Dear Board Members: Eric H. Holder, Jr. is a licensed attorney and currently the highest practicing attorney 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 his position, he must set an example and therefore be judged at the highest standard for professional conduct. For him, you cannot set the bar too high. I have been attentive to hearings conducted by Congress on a DOJ issue involving the arming of the Sinaloa cartel in Mexico through gun dealers in Phoenix AZ, code-named Fast and Furious. A veteran of the Vietnam War, I began following the story in July of 2011 and was shocked to read about a felony operation run out of the US Attorneys Office in Phoenix, Arizona. It amazes me that since first reading about the operation, no one has been held accountable by Mr. Holder. Dennis Burke resigned as US Attorney but apparently broke several laws, including his admission that he supplied information to newspapers in order to out a Fast and Furious ATF field agent whistle blower in violation of the law. Mr. Burke has never been charged with any felony and still has his law license. I have attached the relevant pages from the Congressional Record which provides 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 could ignore the felonies detailed in the Affidavit, I am even more surprised by the public statements made by Eric Holder on June 7 with regard to this Affidavit that nothing in those affidavits as Ive reviewed themindicates that gunwalking was allowed. 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 professional standards, 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, Executive Privilege to hide a cover up in DOJ. By going to the Washington Post and working with a reporter who has done nothing to shed light on the crimes committed by the DOJ, Mr. Holder has attempted to divert public attention from the crimes to a belief that there is a political motive to get to the US President

Board on Professional Responsibility July 4, 2012 Page 2 through an attack on Holders purported honesty and integrity. These efforts, among many others, amount to obstruction of justice, a serious federal felony under 18 USC 1505. I understand that Mr. Holder is subject to your disciplinary authority, under Rule 8.5 and that this complaint, filed by a United States Citizen, legal resident of the State 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 has instructed personnel not to cooperate in the investigation of gun walking that implemented in September 2009 upon the arrival of Mr. Burke in AZ and was ended 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 suggesting that his death was not the result of any malfeasance on the part of the US Government. 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 a reckless 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 the Oversight Committee by Mr. Holder were false, withdrawn or otherwise dishonest. A simple review of his examination in nine hearings should provide the proof behind my sincere understanding. With regard to paragraph 8.4 (c), it is my understanding that at his initial appearance, Mr. Holder attempted to frame the operation as having good intentions in that the purported purpose was to arrest cartel leaders. The Board should ask Eric Holder to be specific as to how he believes that is possible given the DOJ policy of allowing known felons to buy guns and not follow them and not prevent them from crossing the border despite the desire by ATF field agents to do so. Instead, new agents stationed by DOJ in Mexico found the guns at grisly crime scenes in Mexico or in America. It is a simple fact that the stated goal is impossible 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 has refused to provide evidence in his custody and control that has absolutely nothing to do with Executive Privilege, such as, for example, an e-mail sent to DOJ in March 2011 by Kenneth Melson, regarding the Wire Tap Affidavit that is now contained in the Congressional Record and attached hereto. That e-mail cautioned the Attorney General that the information contained in the Affidavit was

Board on Professional Responsibility July 4, 2012 Page 3 at odds with a letter sent by DOJ to Senator Grassley in February 2011. That false letter was withdrawn in December 2011, nine months after the warning provided by Kenneth Melson in the March 2011 e-mail, a violation that extended for 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 done everything within his power to avoid answering the questions concerning the felony operation, avoid holding anyone accountable, avoid any responsibility for his actions or inactions concerning this felony operation. In addition, over a sixteen month period of time, he tried to influence Oversight Committee members to support him when no such support was deserved or earned and yet provided. With regard to these serious allegations, there are several witnesses who have complained about his conduct since at least February of 2011. First and foremost is Senator Charles Grassley, who felt obligated to encourage the Oversight Committee involvement because he was not given answers to his questions, or if he was, he considered them dishonest. Another worthy witness to these serious allegations is Senator John Cornyn, a former Texas Supreme Court Justice. Senator Cornyn, upon information and belief, does not believe that Mr. Holder has been truthful, honest, forthright or cooperative with him. Obviously, Kenneth Melson can provide direct knowledge of the interference by DOJ in his attempt to get to the truth. He would be the first to admit that he was misled in his initial belief that the Fast and Furious investigation was lawful and worthwhile. That opinion changed once he had access to the very evidence that the US Congress has sought from Mr. Holder but been unable to retrieve due to stonewalling, obstruction of justice, and dishonesty in violation of his license. US Representative Jason Cheffetz challenged Eric Holder with regard to a false interpretation of an e-mail that mentioned Fast and Furious. These charges are serious and need to be addressed at the earliest opportunity given 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