Thursday, September 20, 2012

Fast & Furious: IG's Report Committee Hearing 1

The DOJ Inspector General Michael Horowitz is testifying now (see C-Span) to the House Oversight and Government Reform Committee.

Issa:  "This Committee has had a difficult relationship with Justice..."

Issa:  "Nothing in this report vindicates anyone.  If you touched..."  (paraphrasing) anything related to F&F and you didn't do something...you bear responsibility.

In his opening statement Horowitz says, "A pattern of serious failures..."  "Series of misguided tactics, strategies..." "Failure to respond accurately to Congressional Committee."  "Review conduct an performance of Department personnel."

A big part of the initial bad practices discussed is about wiretap application, where the IG found that senior Deputy AGs didn't review adequately the wiretap application that would have shown severe problems with the F&F and Wide Receiver operations.

Jason Chaffetz:  How could Ken Melson be in his position for 2 years and meet with Eric Holder only ONE time?  You are being soft on Lanny Breuer, head of Criminal Division.  Breuer advocated for F&F type activities in Mexico.  It takes ten months for DOJ to admit they did this.  I am also concerned there is a culture and environment where the truth was suppressed by fear - for instance no one communicated that an agent was dead.

As usual, Caroly Maloney opened her statements with a call for more gun control legislation.  For her, the F&F hearing is a simply a venue to attack the 2nd Amendment.  More relatately, she asked why this happened.  Horowitz answered that both Arizona ATF agents and Phoenix DOJ Attorneys agreed to continue the gun walking programs for F&F and Wide Receiver.  He says more oversight need to be put in place.  Also, deputy AGS need to review wiretap applications at DOJ, and to have a clear line for decisions.

Trey Goudy:  My optimism for a clear and thorough report rewarded by your report that we can trust.   I naively thought that DOJ was the independent entity that we could trust.  Your conclusion is that a competent person could could see problems?  Horowitz, Yes, a competent person "would have seen those red flags."

How does Lanny Breuer escape discipline?  Horowitz:  "Mr. Breuer knew about the gun walking in April 2010...He should have alerted others."

Eleanor Holmes Norton asked why this went on so long.  What have you found concerning the AG since he is the face of the investigation.  Did you speak with AG?  Yes.  Any evidence that Holder approved of gun walking tactics?  None that AG was aware before Sen Grassely's letter in April 2010.  Did Gary Grindler know?  Yes he was briefed but concluded that the briefing was sufficient to put him on notice.  He was never briefed again.  Any work going on to give new tools to prevent this in future?  I have been told of reforms needed in ATF.

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