A civil lawsuit filed Monday by House Republicans asks a federal court to enforce a congressional subpoena of Attorney General
Eric H. Holder Jr. in his refusal to turn over documents sought in an investigation by a
House committee into the failed Fast and Furious gunrunning operation.
House Speaker
John A. Boehner said in a statement the lawsuit seeks to overturn the
Obama administration’s “frivolous executives privilege claims,” forcing the
Justice Department to make public documents the
House Oversight and Government Reform Committee claims could show who at the
department was aware of the botched investigation and what they did about it.
Mr. Boehner
said President Obama and his team were ignoring an Oct. 11
congressional subpoena —
something the courts have long recognized as
valid — and that lawmakers were left with no choice but to ask the
U.S. District Court in Washington to referee.
“By stonewalling
Congress and ignoring a contempt order, the
Justice Department
has left the House no choice but to take legal action so we can get to
the bottom of the Fast and Furious operation that cost border Agent
Brian Terry his life,”
Mr. Boehner said.
“After providing — then retracting — inaccurate information to
Congress, Attorney General
Holder
has gone to extraordinary lengths to block access to subpoenaed
documents and deny the efforts of the Terry family to get the truth,” he
said.
“The
White House
has been complicit in this effort to hide the truth by making executive
privilege claims that have no merit, which is why today’s action is
necessary,” the Ohio Republican said, adding that a bipartisan vote by
the House to hold
Mr. Holder in contempt “made clear that the
Obama administration owes the Terry family and the American people the truth.”
He said the House would continue to hold the
administration accountable until it provides the documents and answers the questions sought by the
committee “to ensure that a tragedy like this never happens again.”
The House voted a contempt of
Congress citation against
Mr. Holder on June 28 in a 255-67 vote for his refusal to turn over subpoenaed documents in the Fast and Furious investigation.
The committee inquiry began in December 2010 after the death of
Terry.
Two AK-47 semiautomatic weapons purchased by straw buyers as part of
Fast and Furious were found at the site of the Terry killing.
More
than 2,000 weapons were purchased from Arizona gun shops during the
lengthy operation, about 1,000 of which remain unaccounted for. Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) agents were told to
stand down instead of interdicting the weapons. The Fast and Furious
operation was supposed to track the guns being sold to Mexican cartels
to identify the actual buyers, but the ATF lost track of the weapons.
The
White House,
which had first said it would try to work out a way to release the
documents but that they didn’t show anything incriminating, later
reversed course and claimed executive privilege, thus preventing the
Justice Department from releasing the records.
Department officials have said they were willing to negotiate over the documents but the
committee sought instead to litigate the matter.
Republicans on Capitol Hill want to know who approved the ATF operation and have rejected
Obama administration
assurances that it was lower-level staffers. Released emails and
documents paint a complex picture, showing some details either were or
should have been noticed by high-level
Justice Department officials.
Mr. Holder has disputed those characterizations — though he has already had to retract an official communication to
Congress
that had false information about the operation itself, and has also
officially withdrawn part of his own testimony that seemed to suggest
one of his predecessors under President George W. Bush had known of a
similar operation.
Among other things, the lawsuit seeks documents showing why the
Justice Department
took 10 months to retract a Feb. 4, 2011, statement that contained
false denials of the investigative tactics used in Fast and Furious. It
also notes that minutes before the
House committee
convened a business meeting to consider the Holder contempt citation,
Mr. Obama invoked an eleventh-hour assertion of executive privilege over
the documents. The lawsuit asks the
federal court to rule Mr. Obama’s assertion of executive privilege invalid and to compel
Mr. Holder to produce documents.
House Democratic leader Nancy Pelosi said the civil lawsuit “wastes
taxpayer dollars and resources,” calling it a “distraction from the
urgent business before
Congress: Acting to create jobs and grow our economy.” She also said it was aimed at distracting the
Justice Department from challenging state laws to tighten voting rules.
Washington Times