Government

DOJ Official to Plead Fifth Amendment in Fast & Furious Probe

DOJ Official to Plead Fifth Amendment in Fast & Furious Probe

Rep. Darrell Issa (R-Calif.) called a Department of Justice official's assertion of his Fifth Amendment rights "a significant indictment of the Department's integrity." (AP)

A senior federal prosecutor in Arizona is asserting his Fifth Amendment rights and refusing to testify before a House committee next week in its ongoing probe of Operation Fast and Furious.

Patrick J. Cunningham, chief of the Criminal Division of the U.S. Attorney’s Office in Arizona, informed the House Oversight Committee through his lawyer Thursday that he will invoke his right against self-incrimination, Fox News reported.

He was ordered Wednesday to appear by committee chair Darrell Issa (R-Calif.), who’s been heading up the investigation into the botched program. Under Fast and Furious, weapons sold to Mexican drug cartels were not tracked, resulting in the deaths of hundreds, including a U.S. Border Patrol agent.

“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,” Cunningham’s attorney wrote in a letter to the committee. “My client is, in fact, innocent, but he has been ensnared by the unfortunate circumstances in which he now stands between two branches of government. I will therefore be instructing him to assert his constitutional privilege.”

Politico reported:

Sources say Cunningham is concerned that he’s caught in a pincer of sorts between senior Justice Department officials in Washington eager to shift blame to lower-ranking staffers and Congressional investigators eager to see heads roll over the investigation.

Cunningham was initially scheduled to appear before the committee voluntarily, before declining and prompting Issa to issue a subpoena for him, Fox reported.

In a statement, Issa called Cunningham’s Fifth Amendment assertion “a significant indictment of the Department’s integrity in Operation Fast and Furious.”

“This is the first time anyone has asserted their fifth amendment right in this investigation and heightens concerns that the Justice Department’s motivation for refusing to hand over subpoenaed materials is a desire to shield responsible officials from criminal charges and other embarrassment,” Issa said.

Comments (101)

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  • Small World
    Posted on January 20, 2012 at 7:36pm

    omg! Surprise , surprise, surprise!

    Report Post »  
    • Armed Patriot
      Posted on January 20, 2012 at 7:47pm

      Start building gallows and let them swing. Bottom to the top, let em swing. Start talking or we let you swing. Give em up, or we let you swing. Time to start an old fashioned ho down and see these folks doing a dance. TRAITORS. Every last one involved in this.

      Report Post » Armed Patriot  
    • joe richards
      Posted on January 20, 2012 at 8:52pm

      armed patriot
      harsh, but you got my vote

      Report Post » joe richards  
    • pamela kay
      Posted on January 20, 2012 at 10:43pm

      SMALL WORLD, Liked your comment. I think this guy should be imprisoned until he is ready to tell the truth. He needs to be held accountable.

      Report Post » pamela kay  
    • db321
      Posted on January 20, 2012 at 11:10pm

      All of you can plead the 5,6,and 7 amendment if you want – not only are you guilty – you have the Blood of one American and possible 100′s other on your head. Holder, your going to find out that 72 Virgins do not await you and that you will account for every word and deed while holding office – So Help You God!

      Report Post » db321  
    • MCDAVE
      Posted on January 21, 2012 at 1:06am

      THE SIMPLE TRUTH…The drug cartels need guns,Holder supplied them…My guess is, many high ranking politicians participate in drug trafficking…

      Report Post »  
    • Tower7_TRUTH
      Posted on January 21, 2012 at 6:49am

      We need somebody like Ron Paul to Gut the ATF

      Stop Thought crime and regain our Freedom and rights back.

      NeoCon Newt and Sadistic Santorum will not do anything to give
      you your rights back.
      they will just take more away, maybe send us to a FEMA Camp for
      not paying our mortgage or being an atheist

      Report Post » Tower7_TRUTH  
    • MYHEROISRON
      Posted on January 21, 2012 at 7:46am

      An Obama Administration official pleading the fifth … well, the truth really hurts, don’t it?

      The dishonor of it all …

      Report Post » MYHEROISRON  
    • Jackers
      Posted on January 21, 2012 at 9:59am

      Simply amazing how our Constitution only applies to politicians who have something to hide…

      Report Post » Jackers  
    • robh
      Posted on January 21, 2012 at 12:24pm

      President of the United States of America:

      “My Administration is committed to creating an unprecedented level of openness in Government.”

      http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment

      Report Post » robh  
  • uisignorant
    Posted on January 20, 2012 at 7:34pm

    Send them to Gitmo. They supplied arms to terrorists.

    Report Post »  
  • palerider54
    Posted on January 20, 2012 at 7:34pm

    The only thing a DOJ employee should be able to plead the fifth to is the fifth bullet in my Glock.

    If he has not answered the question by the time I shoot him four times in non lethal area’s of the body

    (feet, knees, hands, arms etc.) then he gets the fifth one in the chest cavity.

    Report Post »  
  • dianna9490
    Posted on January 20, 2012 at 7:34pm

    Hopefully Issa doesn’t let this story go! Heck maybe we ought to vote for ISSA for PRESIDENT!

    Report Post »  
    • encinom
      Posted on January 20, 2012 at 8:29pm

      Please this is nothing more than a Issa Witch Hunt and Kangaroo Court for political gains.

      Report Post »  
    • 13th Imam
      Posted on January 20, 2012 at 8:30pm

      Works for me. Enc.

      Report Post » 13th Imam  
    • Mateytwo Barreett
      Posted on January 20, 2012 at 10:10pm

      @Encinom
      Nothing but a witch hunt. The money to 2000 guns came from the g=federal government. Nothing was said until a Border agent got killed with one of them. So- why don’t you go to a toy store, buy a toy pistol and walk up to a LEO-any LEO and raise the toy. You will see a witch hunt!

      Report Post » Mateytwo Barreett  
    • db321
      Posted on January 20, 2012 at 11:14pm

      Issa is Brave, Smart, Courageous and is a Great American – American’s owe Issa and all who have worked so hard trying to nail these crooks down a huge debt of appreciation. Thank you all!

      Report Post » db321  
    • Jim in Houston
      Posted on January 21, 2012 at 10:42am

      encinom: Take your liberal @ss and crawl back under your rock.

      Report Post »  
  • flik221
    Posted on January 20, 2012 at 7:28pm

    in JAIL until he talks, duh

    Report Post »  
    • flik221
      Posted on January 20, 2012 at 7:35pm

      we are now a country of men and not laws, you people are criminal. where are the LAWYERS? you guys ‘CHICKEN’ ??

      Report Post »  
  • BlackCrow
    Posted on January 20, 2012 at 7:06pm

    An executive branch official pleading the fifth in response to a congressional investigation of his conduct of that office?

    Why do WE allow this?????????????????

    Report Post » BlackCrow  
    • Just4Rocks
      Posted on January 21, 2012 at 3:18pm

      A government official doesn’t get to plead the 5th to his employer-US. He works for US and he has to tell us what he has done. There is no 5thAmendment rights in this case! He is in contempt and should be locked up.

      Report Post » Just4Rocks  
  • A Conservatarian
    Posted on January 20, 2012 at 7:04pm

    Pleading the fifth for any government official should be illegal.

    Report Post » A Conservatarian  
    • PASSIONFORCHRIST
      Posted on January 20, 2012 at 7:42pm

      There is a standard of CONDUCT AND CHARACTER IN THE CONSTITUTION FOR A SERVANT OF THE PEOPLE, AND IF YOU FAIL, WHICH I SEE ALL HAVE, WE HAVE THE RIGHT TO THROW THEM OUT! WE NEED TO USE THE CONSTITUTION AGAINST THEM!!!!!!!! THIS IS WHAT THEIR AFRAID OF!!!!!!!!!!

      Report Post »  
  • IMCHRISTIAN
    Posted on January 20, 2012 at 6:54pm

    God will be the final judge.

    Report Post »  
  • TRONINTHEMORNING
    Posted on January 20, 2012 at 6:46pm

    I was wondering when they’d get to the “Fifth”…Who didn’t know that was coming? What a nefarious little gang.

    Report Post »  
  • ThePostman
    Posted on January 20, 2012 at 6:42pm

    The drug runners are terrorists. This guy helped terrorists. He may be an American citizen, but according to Obama’s new NDAA law, that almost every member of congress voted for, we can do take this guy to gitmo without his lawyer and waterboard him until he talks or dies. Repeat until Holder and Obama are waterboarded. Or die.

    If we are going to throw the constitution out, let’s do it all the way.

    Report Post »  
  • yiska8
    Posted on January 20, 2012 at 6:24pm

    Pure crimes against the Constitution and High Treason. I knew they’d do it. They’d wait and hope no one was paying attention. Fifth Amendment? I thought only mobsters, their wives, the Clintons, drug traffickers, and their wives used the 5th. Well, now the very peole that are supposed to prosecute people who claim this amendment on a regular basis are now using it to protect themselves from their own crimes against the U.S. Constitution and treason and probably manslaughter by getting an agent killed. All this for what? To make Americans look bad because we make, sell, buy and cling to guns in the United States!! Just makes us want to make,sell,buy, and cling to those guns much harder now. Most Americans never use the fifth amendment, but most use the second and that is hat scares the *hit out of this evil President and his minions.

    Report Post » yiska8  
    • kenster56
      Posted on January 20, 2012 at 7:07pm

      Well said Liska8, well said.

      Report Post »  
    • yiska8
      Posted on January 20, 2012 at 8:04pm

      Thanks. Being a South Texan, ther’s a lot more coverage of what is really going on down here so close to Mexico, especially in the Spanish speaking news. It’s bad enough we have to see houses raided with drug or human trafficking rings on our local news , but now the United States DOJ has thrown in with the cartels to make us look bad! That‘s basically what they’ve done. Rick Perry is not crazy for considering secession. There may be no choice within 18 more months of Obama,let alone four more years.

      Report Post » yiska8  
  • Robert-CA
    Posted on January 20, 2012 at 6:22pm

    Not that they’re trying to hide any crime .

    Report Post » Robert-CA  
  • vtxphantom
    Posted on January 20, 2012 at 6:19pm

    We need a Grand jury, independent of the DOJ

    Report Post »  
  • momprayn
    Posted on January 20, 2012 at 6:18pm

    Whatever happened to trying people for suspected TREASON? There are SOooooooooo many that are actually in the highest offices in our land destroying us from within and nothing much is done. This is ridiculous how long this has taken….the list is long. All more interested in politics, re-election, blah blah blah………yes, it’s horrible and would shake up everything and everybody — and it should! We never should have voted for someone so ridiculous as Obama – not vetted and we had all the warnings needed. There are consequences to bad judgements, apathy, ignorance.
    No – you just don’t fire them – if guilty — you line them up before a firing squad or hang them!!!!!!!!!!!!!
    I doubt if we would ever have the problem again…………..WIMPS !!!!!!!!!!!!!!!!! And yes, Jesus would approve!

    Report Post »  
    • antiencenom
      Posted on January 20, 2012 at 9:26pm

      I think I like a firing squad in this instance.
      I’m encinom-anti and I approve this message.
      How many Paulbots does it take to screw us more.

      Report Post » antiencenom  
  • Detroit paperboy
    Posted on January 20, 2012 at 6:12pm

    I would the answer to just one question regarding this muderous scandal….. Exactly how were they gonna track these guns ??? HOW does one track a gun absent a tracking device ??? And there are 2000 guns missing ??? The biggest threat to this nation is not Iran… Its Washington DC… PERIOD

    Report Post »  
    • amagaux
      Posted on January 20, 2012 at 6:21pm

      Give him transactional immunity and go after the big fish….
      Why screw around with this yahoo, if he has immunity, he cannot plead the fifth.

      Report Post »  
    • chips1
      Posted on January 20, 2012 at 6:29pm

      If we can’t waterboard Obama, we won’t find out anything.

      Report Post »  
    • Bill Rowland
      Posted on January 20, 2012 at 6:47pm

      This is the same DOJ that is suing the states for passing laws enforcing federal immigration laws and the same or other states for requiring photo IDs ar rhe polls. This guy takes the fifth in a criminal case (indicating guilt) and will be in court arguing the governments side of the illigal alien and photo ID cases.

      Can you say politics “Chicago Style”.

      OMG

      Report Post »  
  • CatB
    Posted on January 20, 2012 at 6:10pm

    Put Holder UNDER OATH .. make him answer or take the fifth .. then work your way up to Obama! (yes Holder HAS NOT testified UNDER OATH!)

    Report Post »  
  • let us prey
    Posted on January 20, 2012 at 6:07pm

    As well intentioned as Issa may be, this investigation has gone no where. These pukes should be in prison.

    Report Post » let us prey  
    • EqualJustice
      Posted on January 20, 2012 at 6:15pm

      Especially when the DOJ ignores subpoenas and won’t prosecute. Holder protects the Obama Regime. What else can ISSA do? WE need to start IMPEACHMENT proceedings!

      Report Post » EqualJustice  
  • Outlaw_Josey_Wales
    Posted on January 20, 2012 at 6:06pm

    Send him too gitmo for some waterboarding.

    Report Post » Outlaw_Josey_Wales  
    • ThePostman
      Posted on January 20, 2012 at 6:37pm

      I don’t believe a federal official should be allowed to plead the fifth. The NDAA says we can just take this guy to gitmo without his lawyer and waterboard him until he talks or dies.

      I say, DO IT.

      Report Post »  
  • Phoneguy
    Posted on January 20, 2012 at 6:05pm

    What a PUNK!

    Report Post » Phoneguy  
  • SpankDaMonkey
    Posted on January 20, 2012 at 6:05pm

    .
    How much PC WHITE GUILT does this Trained Seal Suffer from?……

    Is your life so worthless, you’ll throw yourself under the bus for a fool?…………

    Please don’t breed, for the sake of the gene pool………

    Report Post » SpankDaMonkey  
  • zoro51
    Posted on January 20, 2012 at 6:02pm

    GUILTY guilty GUILTY guilty GUILTY guilty more of the SOCIALIST ploys n daft “FRIENDS” EVITA OBAMA TAX N SPEECH placed in offices that are SO BEYIND INEPT to run them. HOLD them accountibale FIRE N JAIL THEM NO mercy NO pitty FIRE THEM ALL NOW

    Report Post » zoro51  
  • Vickie Dhaene
    Posted on January 20, 2012 at 6:01pm

    I hope Issa keeps the feet on this corrupt administrations neck until they are executed for High Treason.

    Report Post »  
  • heavyduty
    Posted on January 20, 2012 at 6:00pm

    He is caught between Obama and Holder. They ought to start going after them instead of these small fish.

    Report Post »  
  • 13th Imam
    Posted on January 20, 2012 at 5:53pm

    How long before Barry stands in front of the American people, Wags his slender, feminine finger in our faces, and say the immortal DEMOCRAT Pledge

    ” I did not have gun running relations with those drug cartels. “

    Report Post » 13th Imam  
    • Steelhead
      Posted on January 20, 2012 at 6:03pm

      reminds me of ole Reagan selling arms to Iran to fund a war in Central America

      Report Post » Steelhead  
    • thetreyman
      Posted on January 20, 2012 at 6:15pm

      @Steelhead

      this doesnt remind me of that at all. if reagan had sold weapons to drug cartels on our southern border resulting in 10′s of thousands of murders including americans and tried to cover it up it would remind me of that, but i dont think he did that.

      Report Post » thetreyman  
    • BeckIgnoresConstitution
      Posted on January 20, 2012 at 6:16pm

      Obama must appear in court 1-26-2012!

      Georgia Judge Denies Obama’s Motion to Quash Subpoenas
      http://www.thepostemail.com/2012/01/20/breaking-georgia-judge-denies-obamas-motion-to-quash-subpoenas/

      “The truth needs to be held like a sword and a shield.” – G. Beck

      Despite Obama’s dubious claim of birth in HI, his Kenyan father precludes his eligibility! TheBlaze must report the truth.

      Our constitution does in fact logically define a natural born citizen!

      The Constitution, Art. 2, Sec. 1, states “No person except a natural born citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible … .”

      Exempting a “citizen” from being a “natural born citizen” (NBC) proves they aren’t equal, or no exemption was needed. If they are not equal, then a NBC must be either less than or greater than a citizen. Obviously a NBC isn’t less than a citizen. Therefore a NBC must be greater than a citizen. The pertinent minimal requirement for citizenship at the time was one born in the US to a US citizen parent, leaving just one possibility. Only US birth to US citizen parents (plural) is greater!

      The Supreme Court agreed in Minor v. Happersett, 1874. “The Court held that Minor was a member of the “class” of persons who were natural born citizens. They defined this class as those born in the US to “parents” (plural) who were citizens.” – Leo Donofrio, JD.

      http://obamabirthcertificate.n

      Report Post » BeckIgnoresConstitution  
    • Chuck Stein
      Posted on January 20, 2012 at 6:19pm

      Steelhead said “reminds me of ole Reagan selling arms to Iran to fund a war in Central America” — yup, guns were involved there, too. Of course, “ole” Reagan had the authority to dispose of government property and authority to conduct foreign policy. In “Fast & Furious” Der Obamasar mutated a Bush operation (that involved close tabs on the guns involved) into a wild distribution of high-powered weapons without keeping track of the guns. Where was the authority for that? That’s right — Der Obamasar doesn’t need any authority beyond his ego.
      Hmmmm . . . Gingrich and his mountainous ego will clearly have enough room in the oval office.

      Report Post »  
    • thetreyman
      Posted on January 20, 2012 at 6:29pm

      @BeckIgnoresConstitution

      you do realize you’re going nowhere with that dont you. you can repeat it a billion times and it wont mean anything. the judges and the legislature are not going to give you what you want. if you really want to help then focus on the 2012 election.

      Report Post » thetreyman  
    • Chuck Stein
      Posted on January 20, 2012 at 7:31pm

      @ Beckignoresconstitution
      You are right that “natural born citizen” means more than a “citizen”. Natural Born Citizen is the same as “Native Born Citizen” — so Obama makes the cut, but John McCain does not (despite a Senate Resolution blessing McCain’s eligibility).

      Report Post »  
    • wildbill_b
      Posted on January 20, 2012 at 9:45pm

      @Chuck Stein
      You are right that “natural born citizen” means more than a “citizen”. Natural Born Citizen is the same as “Native Born Citizen” — so Obama makes the cut, but John McCain does not (despite a Senate Resolution blessing McCain’s eligibility)………..

      You are sadly and horribly mistaken. Obama‘s father was not a ’citizen’ and everyone knows that “natural born” relates to the political jurisdiction of the parents, just like the 14th amendment says. The founders were strong adherents to the Work of Vattel. See sections 212 and 215 of his work, “Law of Nations”. In fact , I will put it all in one page for you people. http://www.lojack12.com/Constitution/Native%20born%20%28facebook%29.html

      Report Post »  
    • Chuck Stein
      Posted on January 20, 2012 at 10:23pm

      @ Windmill_B
      Yup, I could be wrong. The following language from a statute passed by the First Congress (2nd Session) (approved March 26, 1790 and entitled “An Act to establish an uniform Rule of Naturalization”) sheds some light on the subject:
      “And the children of citizens of the United States, that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”
      The statute does not address cases where children are BORN INSIDE the territory of the United States. Also, to what extent can an Act of Congress define terms in the Constitution? (i would say “not at all unless specifically provided under the Constitution”) Does “shall be considered as natural born citizens” extend to the Constitutional requirements for the office of President? (I would say “no”). An inference can be made that “native born” children are inherently “natural born citizens” and that the First Congress did not address their situation because the status of such children was well understood.
      Sorry that I didn’t look at the treatise you put a link for, but I like original sources.

      Report Post »  
    • RepubliCorp
      Posted on January 21, 2012 at 2:20am

      STEELHEAD we sell arms to the world but this was a ploy to strip American gun owners of their rights. And if you cant see that … you shouldn’t have eaten the lead paint as a kid

      Report Post » RepubliCorp  
  • ReaganBaby
    Posted on January 20, 2012 at 5:50pm

    Man i wish politicians would just let Arizona secure the border, I live in Tucson and i have dozen of friends who are border patrol agents and the stories i hear are frightening. But I guess i shouldn’t worry because Obama says are borders have never been more secure.

    Report Post » ReaganBaby  
    • AvengerK
      Posted on January 20, 2012 at 5:54pm

      The most transparent administration in history….lol.

      Report Post »  
    • NOBAMA201258
      Posted on January 20, 2012 at 5:56pm

      The sooner we get Cornelius and Zera out of the White House the sooner the indictments can be handed down to holder and his henchmen,I’m sure obama can be charged with many crimes as well

      Report Post »  
    • kaydeebeau
      Posted on January 20, 2012 at 6:05pm

      If by transparent you mean like new clothes…emperor…..

      Report Post » kaydeebeau  
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