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July 10, 2012 U.S. Department of Justice, Office of the Inspector General Attn: Mr.

Michael Horowitz, Inspector General 950 Pennsylvania Avenue, N.W. Suite 4706 Washington, D.C. 20530-0001 Dear Mr. Horowitz I was happy to read that you have replaced a person who was much too close to Mr. Holder to be giving justice to the IG Report on Operation Fast and Furious (referred as fast and furious). I look forward to its completion and publication. There are so many rumors of a white wash that I thought it important to raise questions that only you have the evidence to answer. I do not expect you to reply to me since there is an ongoing investigation; however, to be fair, I should let you know what is on my mind before the reports imminent publication. I would like you to consider questions that may not have been raised by your predecessor that need to be answered in the report in order not to consider your report a white wash of a horrific, scurrilous, deathly operation that was apparently conceived, implemented, and controlled by the Department of Justice through orders to the former US Attorney, Dennis Burke. Any reference to fast and furious refers to the gunwalking operation whether the name was in use at the time or was simply in development without a name but led to the felony operation. In this regard, all discussions regarding the Second Amendment during transition are relevant. 1. Have state secrets been invoked to conceal CIA role in any aspect of USG crossborder efforts to assist Mexico in combating drug cartels? 2. Did fast and furious tactics of gunwalking grow from any meetings that took place during transition in 2008-2009? The reason I ask is because there was funding for the program in February 2009, and many assume that the timing points to the transition team for development of the deathly plan. 3. Is there any evidence to corroborate claims that planners of fast and furious were trying to impact gun control measures sought by this administration? 4. What role did Wide Receiver play in the development of fast and furious? 5. Did ATFs Bill Newell make an oral presentation(s) on fast and furious before it was approved? To whom? 6. Did Bill Newell make a written presentation(s) on fast and furious before it was approved? To whom? 7. Did Bill Newell seek immunity for managing fast and furious? 8. Are the following persons going to be indicted for lying to Congress about gunwalking? A) Bill Newell b) Dave Voth c) Lanny Breuer d) Eric Holder 9. How did Mr. Voth think that fast and furious was going to dismantle this entire organization by supplying the Sinaloa cartel with weapons and why did he believe that the fully expected concomitant deaths were righteous? 10. Who considered scrambling some eggs murder to be necessary?

Office of the Inspector General Page 2 July 10, 2012 11. Are the following people going to be indicted for their role in gunwalking? a) Patrick Cunningham b) Emory Hurley c) Dennis Burke d) Hope MacAllister e) Lane France f) Tonya English g) William MacMahon h) Marc Chait i) Daniel Kumor j) Ray Rowley k) James McDermond l) Lorren Leadmon m) Joe Cooley n) George Gillett o) James Trusty p) Jason Weinstein q) James Needles 12. Who are the FBI personnel who are going to be indicted for gunwalking? 13. Who are the ICE personnel who are going to be indicted for gunwalking? 14. Who are the DHS personnel who are going to be indicted for gunwalking? 15. Who are the other DOJ personnel who are going to be indicted for gunwalking? 16. What was the first date that the name fast and furious was used by DOJ / ATF? 17. What was the purpose of allowing (1700, 2000 or was it 2500?) guns to walk to the Sinaloa drug cartel in Mexico without informing Mexican authorities? 18. How many guns would DOJ let walk before the program was to be terminated? 19. Why did the ATF stop their count of guns in Mexico after the gunwalking policy was terminated? 20. Are the agents hired with fast and furious funding still on the payroll in Mexico and what is their job? 21. If the Mexican government was not involved, how was it conceivable that the ATF would arrest the Sinaloa cartel leaders in Mexico? 22. Who in DOJ and ATF concocted the purpose was to get the cartel leaders? 23. Is anyone who made such specious claims guilty of obstruction of justice? 24. Who in DOJ told the press that fast and furious was an ATF sting gone awry? Is anyone who made such claims guilty of obstruction of justice? 25. Who in DOJ told the press that fast and furious was botched? 26. What was botched and who said it was botched? 27. Is anyone who made such claims guilty of obstruction of justice? 28. What does Ken Melson know about DOJ obstruction of justice and conspiracy in this investigation? 29. Were INTEL concerns raised in meetings on fast and furious (whether named that at the time or not) about the Zetas moving north into the Sinaloa territory? (This act of arming the Sinaloa has been described by many as a two-fer but it also raises the question whether the Mexican government was informed of the tactics of gunwalking and turned their back on it to get the two-fer.) 30. Who were the people who developed the strategy for fast and furious in the Administration? 31. What was their stated purpose? 32. Why did they pick the name? Was there discussion to confuse the public since there are seven movies with that name? 33. When was Dennis Burke apprised of fast and furious tactics? Who briefed him? Why did he deny guns were being walked? Why did he resign? Why wasnt Dennis Burke indicted on several counts for gunwalking?

Office of the Inspector General Page 3 July 10, 2012 34. Who are in the DOJ and ATF are considered to be Accessories to Murder of persons in Mexico and in the United States as a result of their management of illegal gunwalking tactics that also resulted in the murder of Brian Terry, directly or indirectly? 35. Who authorized two felons, Sean C. Steward and Jacob Wayne Chambers, to buy guns in Phoenix when they were prohibited due to their prior felony convictions? 36. Who directed instant checks to be overridden on persons prohibited from gun possession by federal law, and who allowed dozens of guns to be bought with cash and then distributed to the Sinaloas by these two convicted felons? 37. Is anyone exempt from prosecution for violating the crime of selling guns to convicted felons in this case and if so, why? 38. Who in DOJ or Judiciary has such authority? 39. Did a Judge sign off on this policy and if so, what federal law did he use? 40. Why did Laura Duffy not include felon in possession in their indictment? 41. Why did two felons who smuggled dozens of weapons get five years in prison when the penalty for felon in possession is 15 years? 42. How could Uriel Patino be allowed to buy over 720 guns with cash for personal use that were being retrieved at crime scenes during his buying spree? 43. With regard to Emory Hurley, what was the necessity of wire taps given all the evidence already gathered, and based on the evidence in the wire taps, why werent people indicted without the wire taps? It is assumed that gunwalking is a crime under ITAR. 44. US Attorney Dennis Burke publicly admitted to trying to out a fast and furious whistle blower will he be indicted for that violation of the law? 45. Why did DOJ refuse to cooperate with the Congress, because of the IG investigation or did they try to protect people from indictments? 46. Why doesnt Eric Holder take any interest in knowing how many people died as a result of this felony operation? 47. How many people has your investigation determined to date of publication (and I understand it is a dynamic number) have died at crime scenes where fast and furious weapons have been recovered? 48. Was there a DOJ plan to terminate the program when the public found out about fast and furious? 49. Why was Brian Terry referred to as collateral damage? 50. Why was he restricted to a bean bag gun while DOJ was arming the Sinaloas? 51. Who were the highest ranking supervisors in the Border Patrol who knew about fast and furious but did not tell the agents about it? 52. Why did the DOJ deny that fast and furious weapons were involved in his murder when they discovered, almost immediately, that serial numbers on guns at his crime scene were weapons from their scurrilous fast and furious operation?

Office of the Inspector General Page 4 July 10, 2012 53. Where is the third weapon found at the Terry crime scene but hidden by the FBI? 54. Why did Dennis Burke e-mail or communicate with Mr. Wilkinson at DOJ to inform him of Brian Terrys death? 55. Why was Dennis Burke informed by e-mail that Eric Holder was called concerning Brian Terrys death? 56. What role did Kevin OReilly play in fast and furious and why was he interested in a flowchart that showed weapons flow from Texas to Mexico? 57. What role did Dan Restrepo play in fast and furious and was he involved in decisions involving the Sinaloa and Zeta drug cartels? 58. What was the specific order to shut down fast and furious, and who issued it? 59. What role did the following persons play in fast and furious? a) Jason Weinstein b) Ronald Weich c) Eric Schultz d) John Podesta e) Valerie Jarrett f) Hillary Clinton g) Janet Napolitano h) John Morton i) Elena Kagan k) James Trusty l) David Axelrod m) Rahm Emanuel n) Robert Gibbs o) Greg Gatjanis p) James Steinberg q) Glen Cook r) Russ Leachman s) Kevin Ohlson t) James Cole u) Kevin Carwile v) Tracy Schmaler w) Faith Burton x) Michael Morrissey 60. What date did Eric Holder first get information on fast and furious and how was he notified and what is the evidence? 61. What date did President Obama first get information on fast and furious and how was he notified and what is the evidence? 62. What role did the persons filling the shoes of the Deputy Attorney General play in fast and furious from 2009 through 2012? (D. Ogden, G. Grindler & L. Breuer) 63. Why didnt the three Deputy Attorney Generals inform Eric Holder about fast and furious and are they being held accountable? 64. How much money was spent on fast and furious before it was terminated? 65. Who was in the fast and furious loop at the beginning? 66. Who was in the fast and furious loop during operation? 67. Who was engaged in the cover up after it was terminated? 68. What did Dennis McDonough have to do with fast and furious? 69. Did Dennis Burke terminate fast and furious after Terrys death or did Eric Holder? How did he terminate it? What happened to the money that was appropriated for it? 70. What is the actual percentage of guns supplied by American gun shops used in violent crimes in Mexico, not counting the fast and furious weapons which were supplied to the cartel by authority of the US government? 71. Why did Eric Holder claim in Mexico in April 2009 that 90% of the guns used in violent crimes in Mexico are supplied by American gun shops, and who in DOJ supplied him with this false number? 72. What specific acts did Eric Holder take to stop the gun smuggling to Mexico after taking office? 73. On what evidence does Eric Holder blame former President Bush for fast and furious or is that simply an act of obstruction of justice?

Office of the Inspector General Page 5 July 10, 2012 74. Does Eric Holders refusal to ask the federal judge to unseal the Wire Tap Affidavits, which clearly contradict his sworn testimony to Congress, constitute misconduct? 75. When the DOJ withdrew their false letter dated Feb 4, 2011 to Congress, why didnt they also withdraw their filed objection to the Terry familys petition for Victim Rights status, where the government made the same false statements? 76. Did a review of the Avila-20 indictment show an unnecessary delay in bringing multiple charges? In other words, was it reckless that DOJ failed to bring charges on Uriel Patinos first 200 gun purchases instead of waiting until he bought over 720? While I am confident that you have a couple of hundred more questions that will be answered by your fair report, I have been following this travesty since July 2011 and am amazed every time I read a newspaper article that considers the attacks on the DOJ political in nature. To me, supplying false information to the press is tantamount to obstruction of justice. There appear to be dozens of conspirators in the conspiracy itself and dozens more in the cover up. I trust that you will provide sufficient indictments to generate the truth from these apparently reckless government employees and political appointees. Please understand that the public considers the failure by DOJ to hold a single person accountable to date wholly unacceptable and unusual. The people patiently await the publication of your report on the DOJ scurrilous scandal, fast and furious; but we also want to see those responsible for the crimes committed to be held responsible through DOJ indictments. My hope is that they are not sealed. Respectfully yours, Robert Fischl [ADDRESS REDACTED FROM THIS COPY] Reference Article by Ronald Kolb March 2, 2012; House Oversight Final May 3, 2012 cc: Senator Charles Grassley (be e-mail to Ms. Beth Levine)