Government

Issa Pulls a Cunning Move to Detail Secret ‘Fast and Furious’ Wiretap Applications

Rep. Darrell Issa Makes Details of Secret Fast and Furious Wiretap Applications Available

Rep. Elijah Cummings (D-Md.) and Rep. Darrell Issa (R-Calif.) consider whether to hold Attorney General Eric Holder in contempt of Congress. (AP Photo/J. Scott Applewhite)

The ongoing tug-of-war between Attorney General Eric Holder and Rep. Darrell Issa (R- Calif.), chairman of the House Oversight and Government Reform Committee, climaxed on Thursday with a historic vote in which Congress held the attorney general in both civil and criminal contempt over his refusal to provide subpoenaed “Fast and Furious” documents.

And now less than 24-hours following the vote, it is being reported that Issa has seemingly dealt another devastating blow to the Justice Department. Roll Call reports that in a very sly move: the chairman has inserted a May 24 letter he wrote to Rep. Elijah Cummings (D-Md.), in which he quotes from and explains in detail some of the content found in secret wiretap applications from the failed federal gun-walking operation, into the Congressional Record.

(Related: Issa: Fast and Furious Wiretap Information Shows Involvement of Senior DOJ Officials)

Issa argues the wiretap applications are extremely detailed in identifying some of the tactics employed in Fast and Furious, which Holder and the senior DOJ officials still argue they were completely unaware of even though senior Justice Department officials signed off on the applications.

Holder has repeatedly said the wiretap applications are sealed court documents, which is why Issa has been unable to simply release the documents to the public. Issa himself said he got his copies from a group of “furious whistleblowers.” Holder and the DOJ have refused to comment on the applications, therefore details have remained extremely fuzzy.

In other words, because he couldn’t release the wiretap applications outright, he released a letter describing them. And he made that letter part of the official record while using Congress’ protection under the speech and debate clause to avoid legal ramifications.

Roll Call has the latest developments in the Fast and Furious saga:

In the midst of a fiery floor debate over contempt proceedings for Attorney General Eric Holder, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) quietly dropped a bombshell letter into the Congressional Record.

The May 24 letter to Rep. Elijah Cummings (D-Md.), ranking member on the panel, quotes from and describes in detail a secret wiretap application that has become a point of debate in the GOP’s “Fast and Furious” gun-walking probe.

The wiretap applications are under court seal, and releasing such information to the public would ordinarily be illegal. But Issa appears to be protected by the Speech or Debate Clause in the Constitution, which offers immunity for Congressional speech, especially on a chamber’s floor.

According to the letter, the wiretap applications contained a startling amount of detail about the operation, which would have tipped off anyone who read them closely about what tactics were being used.

Holder and Cummings have both maintained that the wiretap applications did not contain such details and that the applications were reviewed narrowly for probable cause, not for whether any investigatory tactics contained followed Justice Department policy.

The wiretap applications were signed by senior DOJ officials in the department’s criminal division, including Deputy Assistant Attorney General Jason Weinstein, Deputy Assistant Attorney General Kenneth Blanco and another official who is now deceased.

While Issa has since said he has obtained a number of wiretap applications, the letter only refers to one, from March 15, 2010. The full application is not included in what Issa entered into the Congressional Record, and names are obscured in Issa’s letter.

In the application, ATF agents included transcripts from a wiretap intercept from a previous Drug Enforcement Administration investigation that demonstrated the suspects were part of a gun-smuggling ring.

The wiretap applications also reportedly explain how ATF officials watched firearms purchased by suspected straw purchasers walk and ended their surveillance without intercepting the guns, according to Issa’s letter. In at least one instance, the guns were recovered at a police stop at the U.S.-Mexico border the next day, Roll Call reports.

“Although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers. Upon learning these details through its review of this wiretap affidavit, senior Justice Department officials had a duty to stop this operation. Further, failure to do so was a violation of Justice Department policy,” the letter reads.

Rep. Darrell Issa Makes Details of Secret Fast and Furious Wiretap Applications Available

Attorney General Eric Holder (Photo by Chris Graythen/Getty Images)

In a June 5 letter, Cummings responded to Issa’s May 24 letter and argued that Issa “omits the critical fact that [redacted].” Roll Call reports the entire first section of his letter is also blacked out.

“Sadly, it looks like Mr. Issa is continuing his string of desperate and unsubstantiated claims, while hiding key information from the very same documents,” a Democratic committee staffer told Roll Call. “His actions demonstrate a lack of concern for the facts, as well as a reckless disregard for our nation’s courts and federal prosecutors who are trying to bring criminals to justice. We’re not going to stoop to his level. Obviously, we are going to honor the court’s seal and the prosecutors’ requests. But if Mr. Issa won’t tell you what he is hiding from the wiretaps, you should ask him why.”

Some of the important highlights from Issa’s letter:

  • The financial details of four suspected straw purchases showed they had made $373,000 in gun purchases in cash but had nearly no reportable income from past year.
  • The applications detailed how many guns specific suspects had bought from straw purchasers
  • Wiretap Applications reveal ATF agents did not interdict guns when possible.
  • “Although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers.”
  • The wiretap applications were signed by senior DOJ officials
  • Holder has refused to address the documents.

Comments (45)

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  • Lost Rebel
    Posted on June 29, 2012 at 10:49pm

    I have so much respect for Issa. He is unrelenting. People like him, that’s what we need more of in Congress.

    Report Post » Lost Rebel  
    • dmerwin
      Posted on June 30, 2012 at 12:37am

      Give congress wiretap authority and use people outside of the DOJ chain of command to place in DOJ.

      Report Post » dmerwin  
  • fishmon
    Posted on June 29, 2012 at 7:32pm

    Maybe I’m too simple-minded to wander into this but what’s to stop the snake from destroying incriminating evidence during the foot dragging period? Wonder if Issa could dangle some immunity to flush a few more whistleblowers out. The good people of this country are gradually restoring some honorable folks to Washington but it is so agonizingly slow.

    Report Post »  
    • janmil200
      Posted on June 29, 2012 at 11:26pm

      And honorable folks in Washington will be more encouraged if they know that the people of the country are engaged and support them. We all are charged with a mandate to take an active roll in restoring our country.

      Report Post »  
  • Diane TX
    Posted on June 29, 2012 at 6:14pm

    Why are the records of the murder of Brian Terry still sealed? At first (December 2010) they were “lost” and then they were “found” – but the “finding” of them was not reported until they were first sealed. It‘s been a year and a half since the sealing of the records of Brian Terry’s murder, supposedly because the investigation is on-going.

    So, what has been discovered during this past year and a half? We know that DHS sent out memos to all border agents that they were to use less-than-deadly force, Terry complied and packed his gun that dispensed bean bag rounds. (What? Don’t hurt the drug cartel guys?). Terry didn’t have a chance against the AK-47 that killed him. Brian Terry’s parents would like to know who made the decision to allow deadly weapons to get in the hands of the drug cartels. Everyone involved knew that thousands of guns were being bought by straw buyers. They even knew who the straw buyers were. Yet, not one indictment of the known straw buyers. On his watch, Eric Holder allowed those guns to “walk” to the gun cartels. Why?

    Report Post »  
  • welovetheUSA
    Posted on June 29, 2012 at 5:37pm

    Put this Holder where he belongs………behind bars, period.

    Report Post » welovetheUSA  
  • welovetheUSA
    Posted on June 29, 2012 at 5:36pm

    •The wiretap applications were signed by senior DOJ officials
    Yep……..listen to the blacks scream and holler“Racist” sick to death of the criminals in this white house and them getting a pass everytime……let ban togerther and take our white house back..enough of this warm and fuzzy black president…this country cannot take anymore black folks, they are communist..all of them. 130 days to go..drag your children to vote with you.

    Report Post » welovetheUSA  
  • South Philly Boy
    Posted on June 29, 2012 at 5:28pm

    Gota GO TO JAIL

    Report Post » South Philly Boy  
  • ICEDRAGON
    Posted on June 29, 2012 at 4:47pm

    Time to put more pressure on Holder and the BO administration. Don’t let up. Write Isa and give encouragement.

    Report Post » ICEDRAGON  
  • chazmo
    Posted on June 29, 2012 at 4:47pm

    Who’s the dead Attorney in the story and how did he die?

    Report Post » chazmo  
    • lylejk
      Posted on June 30, 2012 at 2:59am

      Good question. Might be used as a possible scape goat in the future. :)

      Report Post » lylejk  
  • happ77
    Posted on June 29, 2012 at 4:42pm

    This guy is John Wayne.

    Report Post »  
  • The-Monk
    Posted on June 29, 2012 at 4:36pm

    The 4th paragraph from the bottom might have a clue into Brian Terry’s murder.

    Report Post » The-Monk  
    • The-Monk
      Posted on June 29, 2012 at 4:38pm

      2nd sentence. (Sorry, I forgot to include that)

      Report Post » The-Monk  
    • Diane TX
      Posted on June 29, 2012 at 4:48pm

      I wonder if Brian Terry was taken out because he threatened to go public. Also, it’s odd that the gun that killed him was conveniently left at scene. Drug Cartel guy got away, but didn’t taken his gun with him?

      Report Post »  
  • 2SENSEWORTH
    Posted on June 29, 2012 at 4:36pm

    Issa’s an shrewd player – never play all of your cards and “You never count your money when you‘re sittin’ at the table.There‘ll be time enough for countin’ when the dealin’s done.”

    Report Post » 2SENSEWORTH  
    • 9111315
      Posted on June 29, 2012 at 6:29pm

      I’d bet that would make a great song — if I were a gambler.

      In any case, we know the other side will pull cards out of their sleeves. It won’t matter how good you are if you cannot catch the cheating — or you do catch the cheat but no one cares.

      Report Post »  
  • I.Heart.America
    Posted on June 29, 2012 at 4:09pm

    Freedom Works Petition….Support Rep. Issa….Impeach Holder

    http://action.freedomworks.org/6851/tell-congress-to-investigate-eric-holder/?source=AWEHT2&gclid=CPr8i_zmzbACFcVk7AodlRQ0Wg

    Report Post » I.Heart.America  
  • SquidVetOhio
    Posted on June 29, 2012 at 4:06pm

    That punk Holder Issa goin’ down!

    Report Post » SquidVetOhio  
  • Diane TX
    Posted on June 29, 2012 at 4:05pm

    This is so disgusting. Eric Holder is going around saying – I’m the guy that stopped these “failed tactics” – while omitting that they were STARTED under his watch. Yeah, Holder is such a big “hero” for stopping something that he probably started. I say he probably started F & F because he WILL NOT give up the name that authorized Fast & Furious.

    Report Post »  
    • loriann12
      Posted on June 29, 2012 at 4:38pm

      I heard Hillary has her fingerprints all over this.

      Report Post »  
  • pavnvet
    Posted on June 29, 2012 at 4:03pm

    This is just one of probably many of the smoking guns of facts and the subsequent cover up of F and F. The sad part is that it will take to long past the election before we know the whole story. I hope we prosecute each and every one of the individuals that violated the law. That includes the agents who participated, their supervisors and everyone that knew something of the operation up to, and including the president. Nothing less could be considered justice for the Terry family and the hundreds of Mexicans murdered by this scheme.

    Report Post » pavnvet  
  • SREGN
    Posted on June 29, 2012 at 4:00pm

    The only solution for Don Obama is to have have Capo Holder sleep with the fishes. How‘s Holder’s heart?

    Report Post »  
  • Elena2010
    Posted on June 29, 2012 at 3:55pm

    Keep digging! This irresponsible behavior on the part of the federal bureaucrats MUST be stopped.

    Report Post » Elena2010  
  • GardenoftheGods
    Posted on June 29, 2012 at 3:55pm

    I commend Rep. Issa for not backing down. Federal Agents Brian Terry & Jaime Zapata, along with 200+ Mexican citizens were killed by weapons our Government supplied… The DOJ & ATF both knew what they were doing-They were trying to make the case for Obama & other opponents of the 2nd Amendment, that guns are bad. Guns aren’t bad; bad men WITH guns are bad. Good people with guns are what America needs. There’s a city in GA called Kennesaw, where it is law that you must own a gun-know the crime rate there? Almost nothing! Criminals know not to go there to reak havoc because there’s a good chance they might get shot. I like that!

    Report Post » GardenoftheGods  
  • right
    Posted on June 29, 2012 at 3:53pm

    Rep. Darrell Issa (R- Calif.) is the best thing to ever come out of CA. Thank you sir for your work. Please keep it up. Folks from all across the USA are behind you.

    Report Post »  
    • tnchick
      Posted on June 29, 2012 at 4:23pm

      He is awesome! I’ve been thinking for a while that Issa more than likely has a smoking gun or several smoking guns, because he has never wavered. The whole 2nd amendment angle is exactly how these Communists work, so it’s totally believable. I hope Issa has a couple of bodyguards.

      Report Post »  
    • chazmo
      Posted on June 29, 2012 at 4:45pm

      Reagan

      Report Post » chazmo  
  • Middle Finger
    Posted on June 29, 2012 at 3:52pm

    Who‘s got who by the short and curly’s now?

    Report Post » Middle Finger  
  • The-Monk
    Posted on June 29, 2012 at 3:51pm

    I saw this earlier on Drudge Report but the link was broken….. servers overwhelmed?

    Report Post » The-Monk  
    • tnchick
      Posted on June 29, 2012 at 4:24pm

      WH probably hacked into Drudge & took it down.

      Report Post »  
  • Depressed_American
    Posted on June 29, 2012 at 3:49pm

    But according to the Democrats it’s a political witch hunt by the Republicans, to discredit President Obama and his cabinet. I think President Obama and his cabinet are doing a really good job of discrediting themselves. At this pace Gov Romney won’t have to do much campaining, President Obama and AG Holder are doing a darn good job to get Gov Romney elected….

    Report Post » Depressed_American  
  • IMCHRISTIAN
    Posted on June 29, 2012 at 3:49pm

    The guilty will be judged in the highest court in the universe. Right, God God rest your soul, Mr. Terry.

    Report Post »  
  • ozchambers
    Posted on June 29, 2012 at 3:48pm

    I have a mancrush on Mr. Issa. He is a champion for the truth and for justice. Holder and Obama are desperate to keep the details in the dark because they are covering up complicity in murder. This is the stuff movies are made of and the bulk of MSM is ho-humming this story. Which is why the MSM is also held in contempt by much of the American public.

    Report Post » ozchambers  
  • rdjones
    Posted on June 29, 2012 at 3:47pm

    I would expect the same crew that visited Roberts lat week will be giving Issa a visit very soon.

    Don’t be surprised or write off any odd happenings with O-BLAME-O.

    That guy on FOX who is a Democrat (pollster) has been putting out the warning about we don’t know who we are dealing with.

    Well, I have seen some amazing things in th last year.

    Report Post » rdjones  
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