Thursday, September 20, 2012

Fast & Furious: IG's Report Committee Hearing 3

Blake Farenthold, R-Texas:  Executive privelege is not unqualified.  How many of documents covered by Exec Priv?  Horowitz:  We looked at some of them, but I don't know which were covered.

Farenthold:  Kevin O'Reilly connection to White House?  Horowitz:  Did not get document from WH and his connection to WH. We were not able to follow up because Oreilly refused to cooperate with IG.

Farenthold:  Political motives about gun laws:  Horowitz:  We addressed motive about gun laws:  all of those incidents came after investigation began.  No evidence that F&F started out to do this , but latter on they discussed how F&F could be used to get laws changed.

Issa:  Reason to control gun dealers more?  Horowitz:  Law enforcement failed all around.

Lacy Clay, D-Missouri:  Acting ATF Director Ken Melson removed last year.  Since August of 2011, B. Todd Jones is Director of ATF.  Jones waiting for release of report to make further personnel actions.  Is this normal?  Horowitz:  Not sure I can speak to this.  Clay:  Did you make specific personnel recommendations?  Horowitz:  No, we simply reported on facts.

Clay: Yesterday AG announced retirement of Melson and resignation of Weinstein.  They and others referred to appropriate entities for possible action.  Did Committee move too soon, especially to censure AG?  Issa:  Contempt of AG was narrow for refusal to provide document s that IG used for report.  Remember, IG felt Committee should have gotten documents too.

James Lankford, R-Okla:  How to fix this?  Statement that gun walking is not to be done.  Why does ATF have different investigation process than FBI?  Page 337 - comment that ATF Phoenix over their head.  Is regulatory vs. criminal responsibility recommendation?  Horwoitz:  Yes, we do.  DOJ should have consistency between ATF, FBI, Marshalls Service, CBP.   DOJ must review for best practices. 

Lankford:  Bunker mentality after Grassely's letter?  May letter is not whole truth.  Cicrle wagons?  Horowitz:  We reached conclusion that by then they knew enough to not stand by the April and May letters.  They had made no substantive comments even when they knew of the federal nexus.  May cases where info flow was inadequate.

Mike Kelly, R-Pa:  How long does it take to do investiogation.  Why 18 months.  Horowitz:  Given volume of documents and scope to get through congressional responcses and to be fair and accurate, and I wanted reprot to be best possible.

Kelly:  Doesn't pass smell test.  Horowitz:  Way law is setup, we investigate and aG and public decides.

Kelly:  Stonewalling of Issa was political in nature.  Clear and Transparent Admin is not performing.  Where does buck stop?  AG appointed by President, but many people change and policies change according to philosophy of Admin.  Why so long to get basic information?  A whistle blower would probably decide, I'll never do that again.  Horowitz:  I have that concern precisely.  People who come forward should be assured they are safe.

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