ATF Project Gunrunner

Who was the guy on the committee who went down Holder's throat stamping his feet all the way? As I recall, he told Holder in no uncertain terms that he was directly responsible for everything that went on in F&F and its results.
 
Fox News has reported(TV) that at the Dept of Justice, chief prosecutor Patrick Cunningham has resigned as a result of the FF investigations.
However I'm unsure of his role past/present/future....was he whistleblowing, investigating DoJ, or in charge of part of the operation itself?
:confused:
 
Below is a copy of my Letter to the Editor, Pittsburgh Post-Gazette re a Washington Post by-lined article appearing in 15 January Post-Gazette. The article was headlined Obama's gun dealer reporting regulastions are upheld, wjch I think is germane to this discussion. Should any of the moderators heree fel that the comment would be beetter locatef relsewhere, possibly under a different heading, that's your call, relocate it.

----- Original Message -----
From: alan
To: Post Gazette
Sent: Sunday, January 15, 2012 5:46 PM
Subject: thoughts onObama's gun dealer reporting regulations are upheld, 15 Jan P-G, main section, by-lined The Washington Post


Editor:

Re the ruling by U.S. District Court Judge Rosemary Collyer in the referenced case, a suit brought against Obama ordered gun purchase reporting, note the following.

1. The Congress has repeatedly, and wisely refused to legislate any sort of centralized gun registration scheme. The routine dreamed up by the Obama Administration, its' DOJ and the ATF amount to a large step toward the creation of such a centralized gun registry, clearly a case of grievous abuse of executive power.

2. As for problems attributable to the the illegal transit of firearms from the U.S. to Mexico, the "Gun Walking" aided and abetted by DOJ and ATF is clearly a case of bureaucratic stupidity, combined with bureaucratic criminality, criminality that contributed to the death of at least one U.S. Law Enforcement Agent, a Border Patrol Officer killed in a shoot-out with what one assumes were Mexican Narco Bandits, though they might simply have been armed Mexican criminals.

3. "ATF acted rationally" said Judge Collyer. For the ATF, "rational action" would be something of a break from long established tradition, but one supposes that the judge, like everyone else is entitled to her own opinion. On this subject however, one if given to recall an observation attributed to the late Daniel Patrick Moynihan, of the U.S. Senate. Moynihan once noted that "while people are entitled to their own opinions, they are not entitled to their own facts". Judge Collyer needs to think on this.

4. With respect to the foregoing, while there is no doubt whatever that something was going on in, or through the mind of Judge Collyer when she came up with her ruling, one can only wonder as to exactly that might have been, the facts of the matter being what they so obviously are.
 
Excuse the "choppy" spelling in my introduction. Obviously, I neglected to run the thing through a spell check.

Alan
 
jimpeel are you talking about Utah Republican Rep. Jason Chaffetz ?

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He is pretty firery, but surprisingly - he hasn't called for Holder's resignation that I know of - at least he hadn't last year, although he got close to it in a statement:

“The Attorney General is always involved in very serious matters,” Chaffetz said. “It’s the nature of the job. If he can’t handle it and thinks it’s somehow based on something other than his performance, maybe it is time for him to get another job.”
 

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Fox News, http://www.foxnews.com/politics/201...ad-fifth-and-not-answer-questions-on-furious/, is reporting that Patrick Cunningham will take th 5th admendment when he appears before the committe.

The aritcles last paragraph is as follows:

"This schism is the first big break in what has been a unified front in the government’s defense of itself in the gun-running scandal. Cunningham claims he is a victim of a conflict between two branches of government and will not be compelled to be a witnesses against himself, and make a statement that could be later used by a grand jury or special prosecutor to indict him on criminal charges"

Apparantly, Cunningham is refusing to play the scapegoat for Holder and other DOJ managers.

Hopefully, an immunity deal is being negotiated and the truth will be out.
 
So wait a second here, DOJ blamed Cunningham for the false information in the letter to Congress he was forced to retract; but he is still a U.S. Attorney? Wow, that Eric Holder is a real softy. First, he doesn't fire Lanny Breuer for not telling him about previous gunwalking Breuer knew about and not even thinking to mention it despite several Congressional hearings on the matter. Now he says that Patrick Cunningham lying to him is the only reason he lied to Congress; but Patrick still has a job as well.

So, AG Holder's defense is essentially - all of my underlings are incompetent and/or dishonest; and all of them still work for me.
 
Y'all are missing the forest for the trees. Issa can't offer Cunningham immunity. Only the DoJ can. And, if asked, they will claim that he is the subject of an ongoing federal investigation and will deny even use immunity. Meanwhile, their "investigation" will continue to stonewall Issa. Wash, rinse repeat through Nov. 2012.
 
Despite the fact that Cunningham was made the fall guy, and assuming that the main thrust of F&F was really just to build up evidence to call for strickter gun laws... isn't Cunningham ideologically alligned with Obama and Holder on this issue? I mean wasn't he one of the main architects of this F&F?
 
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Romero claims Cunningham did nothing wrong and acted in good faith, but the Department of Justice in Washington is making him the fall guy, claiming he failed to accurately provide the Oversight Committee with information on the execution of Fast and Furious.

"To avoid needless preparation by the Committee and its staff for a deposition next week, I am writing to advise you that my client is going to assert his constitutional privilege not to be compelled to be a witness against himself." Romero told Issa.
Hmmm ...

"I have done nothing wrong, therefore I decline to testify on the grounds that any answer I give may tend to incriminate me."

How does that work, Mr. Cunningham? If you did nothing wrong, then no answer you give could possibly incriminate you.
 
csmss said:
Issa can't offer Cunningham immunity. Only the DoJ can.

A congressional committee or subcommittee can grant immunity.

18 USC 6002 - Immunity generally

Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to—

(1) a court or grand jury of the United States,
(2) an agency of the United States, or
(3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House,

and the person presiding over the proceeding communicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

18 USC 6005 provides the mechanism for proceedings by Congress.

All DOJ gets is 10-day advance notice of the order and the potential to delay an order up to 20 days (for example, to bring charges from pending investigations before they would be forestalled by the grant of immunity).
 
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gc, that law in my opinion is an unconstitutional violation of the separation of powers. AFAIK it has never been tested in court because we've never had an executive branch so flagrantly flout congressional investigation - but this particular set of circumstances may very well put that statute front and center in SCOTUS. And, I'm pretty sure DOJ will prevail should this be litigated.
 
csmsss, I think in order for your surmise to work, the President would have to invoke executive privilege - which in this case might be construed as a tacit admission of sorts. I am not sure that would happen.
 
csmsss said:
AFAIK it has never been tested in court because we've never had an executive branch so flagrantly flout congressional investigation

Yes, Congressional immunity from prosecution has been tested in court. A good example is when key figures in Iran-Contra contested the implications of Oliver North's immunized testimony and North tested the Special Prosecutor's use of information developed before his testimony to bring North to trial.
 
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