"Top Justice Department officials, including Attorney General Holder, know more about Operation Fast and Furious than they have publicly acknowledged," said Chairman Issa. "The documents this subpoena demands will provide answers to questions that Justice officials have tried to avoid since this investigation began eight months ago. It's time we know the whole truth."
The House Oversight Committee has officially delivered a subpoena to Attorney General Eric Holder requesting documentation from the Obama Justice Department about Operation Fast and Furious. The subpoena requests the following documents and communications in unredacted form and includes a request for communications between the highest ranking officials within DOJ. Remember, the Justice Department up to this point has submitted material so redacted surrounding the operation it has been nearly useless. The subpoena also requests documentation of communications between DOJ officials and the White House. At least three White House national security staffers were in direct contact with former ATF Special Agent in Charge William Newell about the Operation. Newell has since been promoted to a cushy position in Washington D.C. despite claiming he would carry out Operation Fast and Furious again.
In accordance with the attached schedule instructions, you, Eric H. Holder Jr., are required to produce all records in unredacted form described below:
1. All communications referring or relating to Operation Fast and Furious, the Jacob Chambers case, or any Organized Crime Drug Enforcement Task Force (OCDETF) firearms trafficking case based in Phoenix, Arizona, to or from the following individuals:
a. Eric Holder Jr., Attorney General;
b. David Ogden, Former Deputy Attorney General;
c. Gary Grindler, Office of the Attorney General and former Acting Deputy Attorney General;
d. James Cole, Deputy Attorney General;
e. Lanny Breuer, Assistant Attorney General;
f. Ronald Weich, Assistant Attorney General;
g. Kenneth Blanco, Deputy Assistant Attorney General;
h. Jason Weinstein, Deputy Assistant Attorney General;
i. John Keeney, Deputy Assistant Attorney General;
j. Bruce Swartz, Deputy Assistant Attorney General;
k. Matt Axelrod, Associate Deputy Attorney General;
l. Ed Siskel, former Associate Deputy Attorney General;
m. Brad Smith, Office of the Deputy Attorney General;
n. Kevin Carwile, Section Chief, Capital Case Unit, Criminal Division;
o. Joseph Cooley, Criminal Fraud Section, Criminal Division; and,
p. James Trusty, Acting Chief, Organized Crime and Gang Section.
2. All communications between and among Department of Justice (DOJ) employees and Executive Office of the President employees, including but not limited to Associate Communications Director Eric Schultz, referring or relating to Operation Fast and Furious or any other firearms trafficking cases.
3. All communications between DOJ employees and Executive Office of the President employees referring or relating to the President’s March 22, 2011 interview with Jorge Ramos of Univision.
4. All documents and communications referring or relating to any instances prior to February 4, 2011 where the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) failed to interdict weapons that had been illegally purchased or transferred.
5. All documents and communications referring or relating to any instances prior to February 4, 2011 where ATF broke off surveillance of weapons and subsequently became aware that those weapons entered Mexico
6. All documents and communications referring or relating to the murder of Immigrations and Customs Enforcement Agent Jaime Zapata, including but not limited to documents and communications regarding Zapata’s mission when he was murdered, Form for Reporting Information That May Become Testimony (FD-302), photographs of the crime scene, and investigative reports prepared by the FBI.
7. All communications to or from William Newell, former Special Agent-in-Charge for ATF’s Phoenix Field Division, between:
a. December 14, 2010 to January 25, 2011; and,
b. March 16, 2009 to March 19, 2009.
8. All Reports of Investigation (ROIs) related to Operation Fast and Furious or ATF Case Number 785115-10-0004.
9. All communications between and among Matt Axelrod, Kenneth Melson, and William Hoover referring or relating to ROIs identified pursuant to Paragraph 7.
10. All documents and communications between and among former U.S. Attorney Dennis Burke, Attorney General Eric Holder Jr., former Acting Deputy Attorney General Gary Grindler, Deputy Attorney General James Cole, Assistant Attorney General Lanny Breuer, and Deputy Assistant Attorney General Jason Weinstein referring or relating to Operation Fast and Furious or any OCDETF case originating in Arizona.
11. All communications sent or received between:
a. December 16, 2009 and December 18, 2009, and;
b. March 9, 2011 and March 14, 2011, to or from the following individuals:
i. Emory Hurley, Assistant U.S. Attorney, Office of the U.S. Attorney for the District of Arizona;
ii. Michael Morrissey, Assistant U.S. Attorney, Office of the U.S. Attorney for the District of Arizona;
iii. Patrick Cunningham, Chief, Criminal Division, Office of the U.S. Attorney for the District of Arizona;
iv. David Voth, Group Supervisor, ATF; and,
v. Hope MacAllister, Special Agent, ATF.
12. All communications sent or received between December 15, 2010 and December 17, 2010 to or from the following individuals in the U.S. Attorney’s Office for the District of Arizona:
a. Dennis Burke, former United States Attorney;
b. Emory Hurley, Assistant United States Attorney;
c. Michael Morrissey, Assistant United States Attorney; and,
d. Patrick Cunningham, Chief of the Criminal Division.
13. All communications sent or received between August 7, 2009 and March 19, 2011 between and among former Ambassador to Mexico Carlos Pascual; Assistant Attorney General Lanny Breuer; and, Deputy Assistant Attorney General Bruce Swartz.
14. All communications sent or received between August 7, 2009 and March 19, 2011 between and among former Ambassador to Mexico Carlos Pascual and any Department of Justice employee based in Mexico City referring or relating to firearms trafficking initiatives, Operation Fast and Furious or any firearms trafficking case based in Arizona, or any visits by Assistant Attorney General Lanny Breuer to Mexico.
15. Any FD-302 relating to targets, suspects, defendants, or their associates, bosses, or financiers in the Fast and Furious investigation, including but not limited to any FD-302s ATF Special Agent Hope MacAllister provided to ATF leadership during the calendar year 2011.
16. Any investigative reports prepared by the FBI or Drug Enforcement Administration (DEA) referring or relating to targets, suspects, or defendants in the Fast and Furious case.
17. Any investigative reports prepared by the FBI or DEA relating to the individuals described to Committee staff at the October 5, 2011 briefing at Justice Department headquarters as Target Number 1 and Target Number 2.
18. All documents and communications in the possession, custody or control of the DEA referring or relating to Manuel Fabian Celis-Acosta.
19. All documents and communications between and among FBI employees in Arizona and the FBI Laboratory, including but not limited to employees in the Firearms/Toolmark Unit, referring or relating to the firearms recovered during the course of the investigation of Brian Terry’s death.
20. All agendas, meeting notes, meeting minutes, and follow-up reports for the Attorney General’s Advisory Committee of U.S. Attorneys between March 1, 2009 and July 31, 2011, referring or relating to Operation Fast and Furious.
21. All weekly reports and memoranda for the Attorney General, either directly or through the Deputy Attorney General, from any employee in the Criminal Division, ATF, DEA, FBI, or the National Drug Intelligence Center created between November 1, 2009 and September 30, 2011.
22. All surveillance tapes recorded by pole cameras inside the Lone Wolf Trading Co. store between 12:00 a.m. on October 3, 2010 and 12:00 a.m. on October 7, 2010.
Since the investigation from the Oversight Committee into Operation Fast and Furious began in early 2011, the Obama Justice Department has done nothing but stonewall and lie about the facts surrounding this case. I doubt the response from DOJ and Eric Holder in particular will be any different this time, despite the subpoena. To quote Oversight Chairman Darrell Issa:
From the beginning of the congressional investigation into Operation Fast and Furious, the Department of Justice has offered a roving set of ever-changing explanations to justify its involvement in this reckless and deadly program.
To that end, just last month, you claimed that Fast and Furious did not reach the upper levels of the Justice Department. Documents discovered through the course of the investigation, however, have proved each and every one of these claims advanced by the Department to be untrue. It appears your latest defense has reached a new low.
Following the Committee's issuance of a subpoena over six months ago, I strongly believed that the Department would fully cooperate with Congress and support this investigation with all the means at its disposal. The American people deserve no less. Unfortunately, the Department's cooperation to date has been minimal. Hundreds of pages of documents that have been produced to my Committee are duplicative, and hundreds more contain substantial redactions, rendering them virtually worthless. The Department has actively engaged in retaliation against multiple whistleblowers, and has, on numerous occasions, attempted to disseminate false and misleading information to the press in an attempt to discredit this investigation.
This is far from over.