In the midst of a fiery floor debate over contempt proceedings for Attorney General Eric Holder, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) quietly dropped a bombshell letter into the Congressional Record.The May 24 letter to Rep. Elijah Cummings (D-Md.), ranking member on the panel, quotes from and describes in detail a secret wiretap application that has become a point of debate in the GOP’s “Fast and Furious” gun-walking probe.
The wiretap applications are under court seal, and releasing such information to the public would ordinarily be illegal. But Issa appears to be protected by the Speech or Debate Clause in the Constitution, which offers immunity for Congressional speech, especially on a chamber’s floor.
...the wiretap applications contained a startling amount of detail about the operation, which would have tipped off anyone who read them closely about what tactics were being used...
Holder and Cummings have both maintained that the wiretap applications did not contain such details and that the applications were reviewed narrowly for probable cause, not for whether any investigatory tactics contained followed Justice Department policy... The wiretap applications were signed by senior DOJ officials...
After some searching, I was able to locate the actual details in the Congressional Record, which appear on pages H4409 through H4411 of Thursday’s official register.
...The use of federal wire intercepts requires a significant amount of case-related information to be sent to senior Department officials for review and approval. All applications for federal wiretaps are authorized under the authority of the Assistant Attorney General for the Criminal Division...A central aim of our investigation has been to find out why and how such a dangerous plan could have been conceived, approved, and implemented. Who in ATF and the Justice Department knew about the volume of guns being purchased? Who approved of the case at various stages as it unfolded? Under whose authority did this occur? Who could have—and should have—stopped it? By closely examining this disastrous program, our Committee hopes to prevent similar reckless operations...
...The Committee has obtained a copy of a Fast and Furious wiretap application, dated
March 15, 2010. The application includes a memorandum dated March 10, 2010, from Assistant Attorney General of the Criminal Division Lanny A. Breuer to Paul M. O’Brien, Director, Office of Enforcement Operations, authorizing the wiretap application on behalf of the Attorney General...
...Before the Senate Judiciary Committee on November 8, 2011, the Attorney General testified:
...I don’t think the wiretap applications—I’ve not seen—I’ve not seen them. But I don’t know—I don’t have any information that indicates that those wiretap applications had anything in them that talked about the tactics that have made this such a bone of contention and have legitimately raised the concern of members of Congress, as well as those of us in the Justice Department. I—I’d be surprised if the tactics themselves about gun walking were actually contained in those—in those applications. I have not seen them, but I would be surprise[d] [if that] were the case...
..At a hearing before our Committee on February 2, 2012, the Attorney General also denied that any information relating to tactics appeared in the wiretap affidavits... He testified:
...I think, first off, there is no indication that Mr. Breuer or my former deputy were aware of the tactics that were employed in this matter until everybody I think became aware of them......Contrary to the Attorney General’s statements, the enclosed wiretap affidavit contains clear information that agents were willfully allowing known straw buyers to acquire firearms for drug cartels and failing to interdict them—in some cases even allowing them to walk to Mexico. In particular, the affidavit explicitly describes the most controversial tactic of all: abandoning surveillance of known straw purchasers, resulting in the failure to interdict firearms...
...MARCH 2010 WIRETAP APPLICATION STATES THE MAIN SUSPECT HAD INTENT TO ACQUIRE FIREARMS FOR THE PURPOSE OF TRANSPORTING THEM TO MEXICO...
...The affidavit acknowledges that while monitoring the DEA target telephone numbers, law enforcement officers intercepted calls that demonstrated that Target 1 was conspiring to purchase and transport firearms for the purpose of trafficking the firearms from the United States to Mexico...
...MARCH 2010 WIRETAP APPLICATION STATES THAT NEARLY 1,000 FIREARMS HAD ALREADY BEEN PURCHASED, AND THAT MANY WERE RECOVERED IN MEXICO...
...The Probable Cause section of the affidavit shows that ATF was aware that from September 2009 to March 15, 2010, Target I acquired at least 852 firearms valued at approximately $500,000 through straw purchasers...
...MARCH 2010 WIRETAP APPLICATION DESCRIBES HOW SMUGGLERS WERE BRINGING FIREARMS INTO MEXICO...
...According to the affidavit: The potential interceptees conspire with each other and others known to illegally traffic firearms to Mexico...
...The fact that ATF knew that Target 1 had acquired 852 firearms and had the present intent to move them to Mexico should have prompted Department officials to act...
...MARCH 2010 WIRETAP APPLICATION CONTAINS DETAILS OF DROPPED SURVEILLANCE...
...On December 24, 2009, Straw Purchaser Z bought even more firearms, purchasing 40
AK–47 type rifles from an FFL. All of these rifles were recovered on January 13, 2010, in El Paso, Texas, near the U.S./Mexico border. Although the individual found in possession of all these guns provided the first name of the purchaser, agents did not arrest the individual or the purchaser. Though the wiretap application states that agents were conducting surveillance of known straw purchasers, none of these weapons were interdicted. No arrests were made...
...MARCH 2010 WIRETAP DETAILS HOW FAST AND FURIOUS FIREARMS HAD BEEN FOUND AT
CRIME SCENES IN MEXICO......The wiretap affidavit also details the very sort ‘‘time-to-crime’’ for many of the firearms purchased during Fast nd Furious. For example, on November 6, 2009, November 12, 2009, and November 14, 2009, Straw Purchaser Y purchased a total of 25 AK–47 type firearms from an FFL in Arizona. On November 20, 2009—just eight days later—Mexican officials recovered 17 of these firearms in Naco, Sonora, Mexico. Another straw purchaser, Straw Purchaser Q, purchased a total of 17 AK–47 type firearms from an FFL on November 3, 2009, November 10, 2009, and November 12, 2009. Then, on December 9, 2009, Mexican officials recovered 11 of these firearms in Mexicali, Baja California, Mexico, along with approximately 421 kilograms of cocaine, 60 kilograms of methamphetamine, 48 additional firearms, 392 ammunition cartridges, $2 million in U.S. currency, and $800,000 in Mexican currency. Once again, although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers...
...The wiretap affidavit reveals a remarkable amount of specific information about Operation Operation Fast and Furious. The affidavit reveals that the Justice Department has been misrepresenting important facts to Congress and withholding critical details about Fast and Furious from the Committee for months on end.
Buh-bye, Eric.
Related: Top 10 Takeways from the Obama-Holder Coverup
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