DOJ Review Knocks Senior Officials—But Not Holder—Over Fast and Furious

An internal Justice Department review released today criticizes senior DOJ officials for their roles in the failed Operation Fast and Furious gun-smuggling program, but clears Attorney General Eric Holder Jr. of personal knowledge about the two major accusations from congressional Republicans.

The 471-page report from the DOJ inspector general's office, released this afternoon, presents a comprehensive review of Operation Fast and Furious and will be the subject of a hearing Thursday before the House Oversight and Government Relations Committee, chaired by Rep. Darrell Issa (R-Calif.).

DOJ Inspector General Michael Horowitz will testify about the review, in which his office looked at more than 100,000 documents and interviewed more than 130 witnesses, including Holder, Deputy Attorney General James Cole and assistant attorneys general Lanny Breuer of the Criminal Division and Ronald Weich of the legislative affairs office.

Issa has pursued claims that Holder and top DOJ officials knew about flawed tactics used in the operation, and also misled Congress with a February 4, 2011, letter denying that assault weapons were knowingly allowed to be transported to Mexico.

"In the course of our review we identified individuals ranging from line agents and prosecutors in Phoenix and Tucson to senior ATF officials in Washington, D.C., who bore a share of responsibility for ATF's knowing failure in both these operations to interdict firearms illegally destined for Mexico, and for doing so without adequately taking into account the danger to public safety that flowed from this risky strategy," the report states. "We also found failures by Department officials related to these matters, including failing to respond accurately to a Congressional inquiry about them."

The inspector general's report recommends that DOJ review the conduct and performance of the personnel in the report "and determine whether discipline or other administrative action with regard to each of them is appropriate."

The report that found Holder got weekly reports that mentioned Operation Fast and Furious — but his top assistants never made him aware of the controversial tactics being used until February 2011, when Holder ordered the inspector general's office to investigate.

"We concluded that the Attorney General's Deputy Chief of Staff, the Acting Deputy Attorney General, and the leadership of the Criminal Division failed to alert the Attorney General to significant information about or flaws in those investigations," the report states.

The report also found that Holder "had no involvement in drafting or reviewing" the February 4 letter to Congress that denied that ATF "sanctioned" or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them into Mexico. Holder decided to withdraw that letter in December 2011, after concluding that it contained inaccuracies.

Holder has answered questions about Operation Fast and Furious at least nine times during testimony on Capitol Hill. Republican lawmakers have called for his resignation. The House ultimately found Holder in contempt of Congress in June after he did not turn over some documents the oversight committee had subpoenaed in the investigation.

President Barack Obama claimed executive privilege over the documents, and that is now the subject of a civil lawsuit.

The release of the report allowed both political parties to draw their own conclusions. Issa said the report confirms findings by Congress' investigation that in the operation, there was a near total disregard for public safety.

"Contrary to the denials of the Attorney General and his political defenders in Congress, the investigation found that information in wiretap applications approved by senior Justice Department officials in Washington did contain red flags showing reckless tactics and faults Attorney General Eric Holder's inner circle for their conduct," Issa said in a statement.

"It's time for President Obama to step in and provide accountability for officials at both the Department of Justice and ATF who failed to do their jobs," Issa said. "Attorney General Holder has clearly known about these unacceptable failures yet has failed to take appropriate action for over a year and a half."

Sen. Patrick Leahy (D-Vt.), the chair of the Senate Judiciary Committee, interpreted the report in a completely different way.

"The report released by the Inspector General today should finally put to rest the unfounded claims that these wrongheaded on-the-ground tactics were conceived and directed from the 'highest levels' of the Department of Justice," Leahy said. "It is what it always was, a badly conceived effort by law enforcement field agents to respond to difficult circumstances that went tragically wrong."

The report concluded that the ATF and the U.S. Attorney's Office for the District of Arizona "share equal responsibility for the strategic and operational failures" in the Fast and Furious gun trafficking sting.

"Our review of Operation Fast and Furious and related matters revealed a series of misguided strategies, tactics, errors in judgment, and management failures that permeated ATF Headquarters and the Phoenix Field Division, as well as the U.S. Attorney's Office for the District of Arizona," the report said.

The report recommends greater DOJ involvement in and oversight over ATF operations and improved coordination among DOJ law enforcement components.

Holder today announced the immediate retirement of Kenneth Melson, the former acting director of the ATF. The attorney general also said he accepted the resignation of Jason Weinstein, a deputy assistant attorney general in the Criminal Division. Weinstein had been a career prosecutor for more than a decade. Holder said Weinstein "dedicated his career to fighting violent crime" and that "the American people are safer because of his work." Weinstein's career even included a stint in the inspector general's office from 1997 to 1999.

The attorney general's statement criticized—but not by name—people who assailed Holder's handling of the Fast and Furious probe.

"It is unfortunate that some were so quick to make baseless accusations before they possessed the facts about these operations — accusations that turned out to be without foundation and that have caused a great deal of unnecessary harm and confusion," Holder said. "I hope today's report acts as a reminder of the dangers of adopting as fact unsubstantiated conclusions before an investigation of the circumstances is completed."

Mike Scarcella contributed to this story.

Comments

[MBA Admission]

The sheltering of war scammers is a significant phase into the cesspool that this govt has converted this once excellent country into.

[Toddcourt1]

While no overt act of wrong doing by the Attorney General was found, there is an obvious insubordination of duty somewhere down the chain, which led to Terry's death. This is still negligent in terms of running a loose ship. If policies were tighter and command was more adhered to, Holder would have been more aware of what his people were doing and his command would have been more closely followed. If Holder didn't know what was happening, this just shows how disconnected he is from his post and unaware he was of the contempt for his leadership that apparently exists. How many other officers have to be put unnecessarily in harms way before Holder discovers and adequately assesses the extent of his loose ship and make the changes necessary to ensure the safety of American citizens and the Border Agents who protect us? I believe depraved indifference certainly applies in Holders case.

[David Wiegand]

Remember the Iran-Contra Affair? How Democrats piled on President Reagan for not knowing that others within his inner circle had orchestrated that mess? Now that the shoe is on the other foot, Democrats are soft-pedaling this fiasco, arguing that Holder shouldn't be held accountable for the misguided efforts of his inner circle.

The hypocrisy and complete abdication of responsibility is even more patent in Holder's praise of retiring (in lieu of being fired) deputy A.G. Jason Weinstein, proclaiming that "the American people are safer because of his work." Hey, . . . wait a second, . . . didn't the report identify Weinstein as one of the people "who bore a share of responsibility for ATF's knowing failure in both these operations to interdict firearms illegally destined for Mexico, and for doing so without adequately taking into account the danger to public safety that flowed from this risky strategy . . . ."?

Simply amazing!

[joebanana]

These people have to stop smoking Obama's crack. What's the deal? Holder violates US law, Mexican law, and International law, and our congressional idiots call it a "dumb mistake, and a botched operation". Congress is botched. And, guilt by stupidity to conspiring to commit multiple and various felonies. Smuggling guns over international borders, it doesn't get any worse. The USDOJ is a crime syndicate, a little INVESTIGATING by an INDEPENDENT investigation firm, and not the ones that committed the crimes, would be a start. And, the harboring of war criminals is a major step into the cesspool that this government has turned this once great nation into.