Eric Holder’s Contemptible Behavior Demands a Special Prosecutor

Second Amendment Enemy Eric Holder
Eric Holder

Manassas, VA –-( Representative Darrel Issa (R-CA), Chairman of the House Committee on Oversight and Government Reform, is publicly circulating a briefing paper and draft Contempt of Congress resolution against Attorney General Eric Holder over the Department of Justice’s stonewalling in the investigation into the gunwalking scandal known as Operation Fast & Furious.

True to form, Holder is shrugging off the threat and calling foul.

A lawyer for DOJ sent a letter in which he said the department “strongly disputes” the assertion that they have not been cooperating with Congress.

He pointed out that the DOJ has provided over 7,600 pages of documents to congressional investigators so far and allowed numerous department officials to testify. He then cites Bush and Reagan’s administration arguments against releasing information about ongoing investigations to congress, and about releasing information about how members of the department planned for dealing with a congressional investigation. He concluded by saying that it looks like Issa is more interested in political gamesmanship than working toward a mutually satisfactory agreement.

Those arguments ring hollow when you consider that Operation Fast & Furious was shut down, and the investigation started, a year and a half ago, and those 7,600 pages represent only about 10% of the documents Issa’s committee has subpoenaed.

The fact that DOJ has repeatedly made false or misleading assertions and then had to back-pedal when their duplicity was exposed, strongly suggests an active intention to cover-up certain aspects of the operation.

Even if the Contempt charge is taken all the way to a formal trial in the House, it’s unlikely to force cooperation. The last two contempt citations, against Carl Rove and Harriet Miers, were passed in 2008 and 2007 respectively and both of those citations are still unresolved and in litigation. At the very least this draft resolution helps to raise awareness of the situation and it does an excellent job of spelling out the specifics of the Fast & Furious case; pointing up many of the major flaws of the operation and inconsistencies in the DOJ’s story. The full resolution and an explanatory memo are posted at

We commend Rep. Issa for producing this important document and moving toward following through on his threats, but we renew our call for a fully empowered and truly independent investigator to get to the bottom of the F&F debacle. The operation clearly violated the US and Mexican law and helped to fuel the horrific violence being waged in Mexico and on the border. Everyone responsible for authorizing and executing the operation – along with those who have been actively covering it up – must be exposed and held accountable. We don’t think that is possible without a thorough, independent investigation.

As long as Holder and Obama supporters can claim that this investigation is some sort of partisan witch hunt, the whole process will remain tainted. Facts like the White House refusing to allow a former staffer to testify, a US Attorney refusing to answer questions by citing his Fifth Amendment rights, and Eric Holder installing close friends as Interim Director of ATF and DOJ Inspector General – tasked with the internal investigation of the matter, all beg for closer scrutiny.

As the draft Contempt resolution makes clear, Fast & Furious was not a “rogue” operation carried out by one regional ATF office; it was considered a flagship operation in the Obama administration’s war on gun trafficking to Mexico. The operation was part of a DOJ “Strike Force” involving the FBI, DEA, ICE, and DHS under the control of the DOJ and US Attorney’s office. So much promise was seen in the plan that it was given extra funding and authorized “advanced investigative techniques” such as wiretaps – techniques that require oversight and approval from top-ranking officials in the DOJ.

Congressional investigators want to know exactly who those officials were, and how high up in the administration this operation went. The other key question is: what were the real objectives of the operation? The stated objective, connecting high-ranking cartel leaders with the guns, is Ludicrous. Consider: ATF facilitated bulk firearms purchases much larger than dealers would normally make, and much larger than needed to make a case against the buyers and their bosses. ATF made no effort to interdict, follow, track, or trace the guns; the guns didn’t “get away from them,” they were intentionally allowed to “walk.” ATF let them walk and then waited for them to show up at crime scenes. DOJ knew that the highest-ranking targets identified in the operation were un-indictable informants for the FBI. They knew the various layers of the criminal command structure before the first gun was allowed to “walk.” And since Mexican authorities were neither involved in nor informed about the operation, there is no way ATF or DOJ could have followed up with arrests of anyone in Mexico.

It is clear that the Mexican government was never supposed to find out about Operation Fast & Furious.

The only established mechanism for investigating corruption in the DOJ lies within the DOJ itself. Clearly, that doesn’t work. Legislators must establish a Special Prosecutor’s Office to handle this type of situation and bring accountability to the “halls of justice” now and in the future.

About Firearms Coalition

The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalition is a project of Neal Knox Associates, Manassas, VA. Visit:

Firearms Coalition