More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Lanny Davis

GET UPDATES FROM Lanny Davis

Republican Attack on Eric Holder - Let's Stick to the Facts

Posted: 10/13/11 10:34 AM ET

If ever there is an example of hyper-partisanship, the recent personal attacks challenging the honesty and competence of Attorney General Eric Holder regarding the ATF's errors in its "Fast and Furious" gun-tracking program should be Exhibit A.

This was a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) program in which guns were allowed to be illegally purchased so that they could be tracked to gun traffickers and Mexican drug cartel leaders. But the ATF, which now is supervised by the Justice Department, lost track of the guns -- which were "allowed to walk," as the parlance goes. Some of the guns were later found at the scene of murders of law enforcement officers.

There is no question that the program was botched -- Eric Holder has called it seriously flawed and immediately established a DOJ Inspector General investigation. But the Republican haste to blame it all on Holder and accuse him of lying to Congress -- even calling for a special prosecutor -- seems to me to be way over the top.

Here are the facts I believe congressional Republicans making these personal attacks on Holder know, or should know.

First, Republican congressional leaders know that this is not the first time this type of ATF gun-tracking program has gone wrong. A similar program with similar problems began under the George W. Bush administration. As CBS News investigative reporter Sharyl Attkisson reported, "Operation Wide Receiver" was implemented in 2007 during the tenure of then-Attorney General Alberto Gonzales. A source told Attkisson that during this program, hundreds of guns "walked" across the Mexican border.

Second, Republicans know Holder was asked a question during a congressional hearing about when he first learned about this program in the context of prior questions concerning the mismanagement of the program. He said he first learned about it -- meaning the problems and faulty tactics -- in the spring of 2011.

Republicans know that the former U.S. attorney for the District of Arizona, the jurisdiction in which ATF was implementing the program, and the former acting director and deputy director of ATF supposedly in charge, have said they also did not know about the problems in Fast and Furious until just recently, and that they had not briefed the attorney general until this year, as he testified.

Third, the Republicans know Holder could not be expected to have remembered a few lines making general reference to this program among hundreds of pages of reports from 24 departments regularly delivered to the office of the attorney general. Even if Holder had read every line of every report -- and Republicans know he didn't and it would be unreasonable to expect an attorney general to do so -- it is a fact that none of the references to the program included any disclosure of the problems and errors in the Fast and Furious program, as Republicans also know.

Fourth, congressional Republicans should recognize that ultimately, this is a law enforcement issue that needs bipartisan support and assistance, not political cheap shots. You would think that conservative Republicans, who are known to emphasize law enforcement, would be providing the ATF and other law enforcement with the maximum number of tools to control and track these guns. These include closing loopholes in laws that facilitate following guns across the border and imposing strict reporting requirements for gun purchases to help combat gun trafficking. Unfortunately, many of those most vocal in criticizing Holder have opposed this legislation.

Americans have become so tired of politicians in Washington politicizing virtually everything.

Mistakes can never be honest. Motives are always questioned. Members of the opposition are not only the subjects of policy disagreements; they must be demonized.

I say respectfully to Republicans responsible for these unfortunate attacks on Eric Holder what I have previously said to Democrats who unfairly personally attacked Bush Attorney General Gonzales:

Enough.

We are all sick of this -- in both parties.

Enough.

# # # #

Mr. Davis is the principal in the Washington D.C. law firm of Lanny J. Davis & Associates, which specializes in strategic crisis management. He served as President Clinton's Special Counsel in 1996-98 and as a member of President Bush's Privacy and Civil Liberties Oversight Board in 2006-07. He is the author of "Scandal: How 'Gotcha' Politics Is Destroying America" (Palgrave Macmillan, 2006). He can be found on Facebook and Twitter (@LannyDavis).

This weekly blog appears in the Hill, the Daily Caller, Foxnews.com, Newsmax.com, the Huffington Post and the Jakarta Globe every Thursday.

 

Follow Lanny Davis on Twitter: www.twitter.com/@lannydavis

 
 
  • Comments
  • 44
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2  Next ›  Last »  (2 total)
09:07 AM on 10/15/2011
As part of the Obama Administration, America's top law enforcement agency - with Eric Holder as US AG - is risking a repeat of the easy-lending cycle that led to today's catastrophic housing crisis and economic tsunami, by requiring banks to lower mortgage underwriting standards and approve loans for minorities with poor credit as part of a new crackdown on alleged "discrimination."
10:42 AM on 10/14/2011
US Attorney General Eric Holder made no mention in the May 2011 congressional hearing of having a Special Investigator - looking into Operation Fast and Furious.

The ATF agents involved in Operation Fast and Furious were PROMOTED - not suspended.

*****
The ATF agents were being promoted - while under an - alleged - Investigation?!
10:36 AM on 10/14/2011
"There is no question that the program was botched -- Eric Holder has called it seriously flawed and immediately established a DOJ Inspector General investigation. But the Republican haste to blame it all on Holder and accuse him of lying to Congress -- even calling for a special prosecutor -- seems to me to be way over the top."

*****

Not over the Top - if you have video evidence of Obama in March 2011 in an interview stating that he only found out about the murder of US Border agent Brian Terry - on the news - and that he had discussions with Holder about it and appointed a Special Investigator.

Then the same people - in the ATF - who would be targets in such an investigation - are PROMOTED - when they should be suspended - as the targets of the investigation - so they do not have access to destory documents and evidence - to obstruct an investigation that might lead to indictments and their prosecution.

Holder should have mentioned in the congressional hearing - in May 2011 - that there was a Special Investigator appointed, that he had spoken to Obama about it, etc. Instead Holder claimed the WH knew nothing about Operation Fast and Furious - and he did not know anything about it - and only found out about it a few weeks earlier.

However, the cold-blooded murder of US Border agent Brian Terry - occurred in December 2010 - with weapons from
photo
HUFFPOST SUPER USER
Jerry Bourbon
11:01 PM on 10/13/2011
Lanny, baby, can you help us out by answering a few questions:

1.) HOW MANY innocent people died during the Bush era operation Wide Receiver?

2.) WHAT PERCENTAGE is the latest meme from gun grabbers for number of guns "from unregulated gun shows in Texas" that are siezed in Mexico. Is it 98%? 90%? 76%? Is a new percentage being formulated?

3.) HOW should the Obama Administration, which has made "following international law" a priority, react to the impending extradition request by the Mexican government on Eric Holder as an accessory to murder?
08:25 PM on 10/13/2011
LOL...The first thing he does is blame Bush
photo
HUFFPOST SUPER USER
hagagaga
My comments are funnier than yours.
07:15 PM on 10/13/2011
Lanny, if it was a partisan opposition to Holder, I'd be applauding him.
photo
HUFFPOST SUPER USER
Dave F
Former Republican. Liberal means FREE.
02:06 PM on 10/13/2011
"You would think that conservative Republicans, who are known to emphasize law enforcement, would be providing the ATF and other law enforcement with the maximum number of tools to control and track these guns."

If Republican politicians were honest, ethical and truly moral people as they purport to be - then yes, one would think that. Since their actions speak otherwise... well, the conclusion isn't difficult to draw.
photo
HUFFPOST SUPER USER
hagagaga
My comments are funnier than yours.
07:19 PM on 10/13/2011
As a reasonable person who therefore considers electable politicians to be horrible people as a whole, I suggest that we instead emphasize law enforcement agencies that DON'T have fantasies of being the Einsatzgruppen.
photo
HUFFPOST SUPER USER
glockman
01:10 PM on 10/13/2011
"First, Republican congressional leaders know that this is not the first time this type of ATF gun-tracking program has gone wrong."

Fine, let's find who was responsible for that one and prosecute them, too.

"and that they had not briefed the attorney general until this year, as he testified. "

As if it's uncommon for underlings to take the fall for higher administrators.

"These include closing loopholes in laws that facilitate following guns across the border and imposing strict reporting requirements for gun purchases"

Quit trying to make this a gun control issue (thereby deflecting from this awful mistake) and stick to the investigation at hand.

I'm no friend of the republican party. Pretty much everything the current party embodies sickens me. But I also don't believe anyone should get a free pass on this one, and if Holder had any knowledge of this, he needs to be forthright.
photo
grimace71
Restore America Now
12:54 PM on 10/13/2011
The 2007 Wide Receiver operation was stopped immediately when several firearms went missing, untrackable. They were NOT INTENTIONALLY ALLOWED to WALK!

Actually the former DOJ-DA in Arizona has resigned over this mess and has revealed that the DOJ in fact DID know about the details of "Aghast and Curious". I believe that prior to his resignation, Kenneth Melson testified that the DOJ HAD IN FACT BEEN FULLY BRIEFED! Before he could say any more than that ... the DOJ tucked him away in a nice, new, cushy desk job!

The evidence is SUPREMELY overwhelming (albeit circumstantial to this point) that the DOJ has it's fingerprints ALL OVER THIS.
photo
HUFFPOST SUPER USER
Dave F
Former Republican. Liberal means FREE.
02:09 PM on 10/13/2011
"overwhelming... circumstantial"? Do you even know what those two words MEAN?

No wonder cons are so easily duped into believing conspiracy theories about "birth certificates" and "He's a Muslim even if he worships in a Christian church and says he believes in Jesus!"

If all you need is "circumstantial" evidence... sheesh, no wonder we went to war in Iraq based on - overwhelming circumstantial evidence of WMD's (that didn't ever turn up, despite the numerous denials not only by the Iraqis, but by UN weapons inspectors).
photo
grimace71
Restore America Now
07:59 PM on 10/13/2011
I FULLY understand the meaning of overwhelmi­ng and circumstan­tial. The evidence in the Casey Anthony trial was circumstan­tial, yet overwhelmi­ng all at the same time. Eric Holder deserves this same protection­, I suppose. Although I think while most of us respect the burden of proof and the rule of law, we'd all like to see Casey Anthony get the death penalty for her dastardly deed.

Eric Holder is using "plausible deniabilit­y" and shell games to distract from his obvious complicity in an operation that has the resulted in the deaths of SEVERAL people.

BTW - I didn't and don't support the war in Iraq, or Afghanista­n, or anywhere else for that matter. If I recall correctly there was actually enriched uranium, sarin and mustard gas-tipped missles, several dozen jet fighters found buried in the sand, etc. Is that just circumstan­tial? COLD, HARD EVIDENCE of weapons of mass destructio­n?

http://arc­hive.newsm­ax.com/arc­hives/ic/2­005/1/13/7­0852.shtml
http://www­.spacewar.­com/2004/0­4070120374­3.9i07uh3m­.html

Perhaps this is nit-pickin­g...but a dozen sarin-tipp­ed missiles could cause a GREAT deal of destructio­n! Sounds like a WMD to me.
HUFFPOST SUPER USER
cliffstep
02:19 PM on 10/13/2011
While I don't subscribe to your assumptions , I am wholeheartedly in favor of hearings.
photo
grimace71
Restore America Now
03:13 PM on 10/13/2011
Well...there is one assumption in there (that the DOJ was fully "in the know" prior to December 2010). The rest...is FACT.

And actually when I think about it...there isn't a single assumption up there. Perhaps supposition. Which in my mind is different because supposition requires a weighing of the available facts (for the supposition to be valid anyway). An assumption (about these types of things) is often rooted in naivety, bias or partisanship (as the author of this article suggests). However...I can't believe the amount of support coming from the left for Eric Holder. The man has been tromping all over civil liberties and now is complicit (IMHO) in arming drug cartels.

At the very least he is the most inept DOJ in recent memory and needs to go.
photo
intolleft
ObamaCare...getting you shovel ready
12:49 PM on 10/13/2011
Deliberate attempts to undermine the Constitutions Second Amendment are now categorized as "errors"?

Wow....just wow.
photo
HUFFPOST SUPER USER
wayne the pain
12:11 PM on 10/13/2011
The facts are he won't prosecute Bush war crimes, or Wall street crime and he will prosecute medical marijuana in California. That is all you really need to know about Holder and Obama's prosecution priority list. Those Mr.Davis are the facts!
HUFFPOST SUPER USER
cliffstep
02:15 PM on 10/13/2011
Those are , indeed facts. But not meaningful facts in this instance.
I am let down that the war crimes of Bush & Co. are not being prosecuted. Worse , in a way , is having every reason to believe that we actually have a war criminal on the Supreme Court.
02:16 PM on 10/13/2011
There were no prosecutable Bush war crimes. Get a grip on reality.
photo
HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
06:33 PM on 10/13/2011
Good grief! There are no non prosecutable WAR crimes.  Crime is crime.
11:42 AM on 10/13/2011
This is merely cover for Issa's future indictment for cartel money laundering and RICO act violations, he can be cell mates with Mr Blankfine. What is the status on the personal data from swiss banks, anyway.
photo
HUFFPOST SUPER USER
Dave F
Former Republican. Liberal means FREE.
02:10 PM on 10/13/2011
Issa won't be indicted via RICO. It's too narrowly written to apply only to organized crime.
11:34 AM on 10/13/2011
A. He got five memos on Fast and Furious, and he either lied to Congress under oath or is totally incompetent, or both. B. There is a lot more substance here in terms of a crime than the Valerie Plame "scandal," and people died in Fast and Furious. This is very much worth investigating.
12:44 PM on 10/13/2011
Eric "Scooter" Holder will duck and cover as usual. If the true ever comes out, the corruption from this, solyndra, etc. will show the swamp was never drained but flooding over it's banks.
HUFFPOST SUPER USER
cliffstep
02:13 PM on 10/13/2011
A. I've seen the memos on the web, Have you? They consist of: the addressees , a huge black box , and some useless stuff at the bottom. Eric Holder was not listed as an addressee on any.
B. It is a specific crime to "out" an operative of the CIA. It is not a specific crime for law enforcement to engage in a sting operation.
Got any more letters?
03:10 PM on 10/13/2011
I assume the huge black box was one of the intensely informative redacted documents that the AG's office provided to Issa's committee, in the spirit of fervant cooperation. And lying under oath to congress is a specific crime called perjury.
photo
HUFFPOST SUPER USER
hagagaga
My comments are funnier than yours.
07:24 PM on 10/13/2011
You do realize that the "black box" is information that they don't want to release, right? It's standard US government procedure.
11:31 AM on 10/13/2011
Dear Democrats. The fact that you look the other way when the republicans break the law will not shield you from the same. I for one love the fact that a person in power is being scrutinized for something stupid that happened on their watch. If only my side would do the same. But the democrats can never, have never, and will never stand up to the GOP in my lifetime. Stand quivering as they pick off the week is not a strategy that will get you far. Clean up Washington or get cleaned out by the GOP.
11:15 AM on 10/13/2011
First, of course it is known that other operations have existed, including Operation Wide Reciever. and these operations are also being included in the investigation. Thats why the subpoena requests material refering or related to Operation Fast and Furious or ANY OTHER FIRE ARMS TRAFFICKING CASES.

Second, your implication that Mr Holder meant to say that he was unaware of the specifics of Fast and Furious is wrong, especially since Mr Holder restated in his letter to Congress last week that, "I have no recollection of knowing about Fast and Furious or hearing its name prior to the public controversy about it. Prior to early 2011."

Third, the fact that there were briefing memos about Fast and Furious sent to Mr Holders office may not prove that he read them, but it does make further investigation a reasonable avenue.

Fourth, your implication that government does not have an oversight role over law enforcement is just plain wrong. Law enforcement always has to answer to government, be it a mayor, city counsel, President, or congress.