AG Holder cleared in Justice gunwalking probe

Updated at 5:36 p.m. ET

(CBS/AP) The Justice Department's inspector general cleared Attorney General Eric Holder Wednesday of knowing about the gun-walking operation known as Fast and Furious that allowed thousands of weapons to cross into Mexico.

But Inspector General Michael Horowitz concluded that there were "serious failures" at both the Justice Department and its Bureau of Alcohol, Tobacco, Firearms and Explosives going back more than six years, CBS Radio News reporter Stephanie Lambidakis reports.

Horowitz found that no one running the operations -- not agents, nor prosecutors, nor managers -- questioned the wisdom of letting guns vanish across the border with Mexico, where they ended up in the hands of drug traffickers.

Two of the 2,000 weapons thought to have been acquired by illicit buyers in the Fast and Furious investigation were recovered at the scene of a 2010 shootout with drug traffickers that claimed the life of U.S. border agent Brian Terry. About 1,400 of the total have yet to be recovered.

In his 471-page report, Horowitz referred more than a dozen people for possible department disciplinary action for their roles in Fast and Furious and a separate, earlier probe known as Wide Receiver, undertaken during the George W. Bush administration.

Second arrest in "Fast and Furious" killing
Exclusive: Fast and Furious report slams Phoenix ATF
GOP-led panel files suit against AG Eric Holder

Gun-walking was an experimental tactic, barred under long-standing department policy. ATF agents in Arizona allowed suspected "straw purchasers," in these cases believed to be working for Mexican drug gangs, to leave Phoenix-area gun stores with weapons in order to track them and bring charges against gun-smuggling kingpins who long had eluded prosecution.

Lambidakis reports that between November 2009 and mid-April 2010, straw buyers purchased approximately 1,300 firearms for more than a million dollars, "yet agents made no arrests and just a single seizure," the report states.

Because of thin ATF staffing and weak penalties, the traditional strategy of arresting suspected straw buyers as soon as possible had failed to stop the flow of tens of thousands of guns to Mexico — more than 68,000 in the past five years. The operation was a response to criticisms of the agency's anti-smuggling efforts.

The inspector general found fault with the work of the senior ATF leadership, the ATF staff and U.S. attorney's office in Phoenix and senior officials of Justice's criminal division in Washington. He also said that poor internal information-gathering and drafting at Justice and ATF caused the department to initially misinform Congress about Fast and Furious.

Fast and Furious has produced charges against 20 gun traffickers, 14 of whom have pleaded guilty so far.

Two senior officials left the department, one by resignation and one by retirement, with the report's release.

While Horowitz heaped most of the blame for Fast and Furious on investigators in Phoenix, one senior official, Deputy Assistant Attorney General Jason Weinstein, is blamed for not acting to stop the tactics.

"Weinstein was the most senior person in the department in April and May 2010 who was in a position to identify the similarity between the inappropriate tactics used in Operations Wide Receiver and Fast and Furious," the report said. ATF agents in Arizona conducted Wide Receiver in 2006 and 2007 and began Fast and Furious in October 2009.

Weinstein resigned Tuesday night, CBS Radio News reports. Weinstein's lawyer, Michael Bromwich, called the report's criticism "profoundly wrong" and "deeply flawed."

In a statement released Wednesday, Holder said: "Jason has dedicated much of his career to fighting violent crime and has led highly successful efforts around the country in this effort. The American people are safer because of his work."

One of those criticized in the report, former ATF acting director Kenneth Melson, who headed that office during the Fast and Furious investigation, retired upon release of the report.

"Melson made too many assumptions about the case," the report stated. "Melson should have asked basic questions about the investigation, including how public safety was being protected."

Melson responded in a written statement: "While I firmly disagree with many of the speculative assumptions, conclusions and characterizations in the inspector general's report, as the acting director of the agency I was ultimately responsible for the actions of each employee."

The report did not criticize Holder, but said lower-level officials should have briefed him about the investigation much earlier. The inspector general also said he found no evidence that former Attorney General Michael Mukasey, who took office late in the Bush administration after Wide Receiver was ended, was ever informed that it used gun-walking.

Holder, who the Republican-led House of Representatives cited for contempt in a dispute over Fast and Furious documents earlier this year, said that the report was "consistent" with what he's said about the botched operation.

"It is unfortunate that some were so quick to make baseless accusations before they possessed the facts about these operations - accusations that turned out to be without foundation and that have caused a great deal of unnecessary harm and confusion," Holder said. "I hope today's report acts as a reminder of the dangers of adopting as fact unsubstantiated conclusions before an investigation of the circumstances is completed."

The report found no evidence that Holder was informed about the Fast and Furious operation before Jan. 31, 2011, or that the attorney general was told about the much-disputed gun-walking tactic.

• no previous page
• next

1/2

[GlenBradley]

Even if he genuinely didn't know, the mere fact that he didn't know makes him guilty of dereliction and gross incompetence leading to the death of a Federal Agent. So either he knew and should be indicted for complicity to homicide, or he didn't know and should be indicted for negligence to homicide. What his own personal investigator happens to uncover about his own personal role here is frankly irrelevant.

Indeed, given the roles of the investigator and the investigated, I argue we should treat this report as if it were from Holders own Attorney advocate.

[GlenBradley]

Yeah man, even if they kill people he just did it, I mean he didn't know anything about it. His guns, his money his operation, but of course he didn't know anything about it.

If this guy was Al Capone he'd be out cracking the Dom Perignon with his cronies right about now for beating a racketeering charge.

[1Todd]

While no overt act of wrong doing by the Attorney General was found, there is an obvious insubordination of duty somewhere down the chain, which led to Terry's death. This is still negligent in terms of running a loose ship. If policies were tighter and command was more adhered to, Holder would have been more aware of what his people were doing and his command would have been more closely followed. If Holder didn't know what was happening, this just shows how disconnected he is from his post and unaware he was of the contempt for his leadership that apparently exists. How many other officers have to be put unnecessarily in harms way before Holder discovers and adequately assesses the extent of his loose ship and make the changes necessary to ensure the safety of American citizens and the Border Agents who protect us? I believe depraved indifference certainly applies in Holders case.

[askagain]

This is laughable. When I was audited by the IRS many years ago, the auditor turned out to be one of my clients. He told me that I had the right to request a different auditor. I graciously refused his offer and told him that I was comfortable with someone I knew. By now, you should have figured out my motive. This appears very similar. Of course, the mandatory sacrifice of underlings of Holder took place.

[jimatmadison]

It wasn't even a legitimate question.

I'm sure Arsonist Car Thief Insurance Fraudster Issa doesn't agree.

Time to set out on another fishing expedition.

[marcie10000]

Que the foxbots in three, two, one.

[alanrobisch]

gee marcie the stone cold idiot is so in love with the great Obama she can't see her hand in front of her nose

[IKNOWNACOLA2]

lets see how you feel if one of the US government supplied guns kills your family. Who cares what political background anyone has what they did was criminal. If it was a Repub Att. Gen you would change your mind. Anybody that blindly follows a political party is a nincompoop.

[alanrobisch]

this is hilarious the Ig for the AG is saying the AG is innocent of wrong doing. Boy now that is an unbiased source. there were complaints that investigation by republicans was biased. This is no better. Facts will not come out. They simply threw other people to the wolves to try and avoid further investigation. If this was all there was to it why the executive privilege

[logicalsc]

Well, that criminal, Eric Holder, is quickly using up his lives a couple at a time.

Little if any chance he doesn't end spending his waning years in prison.

He better keep the secret files in a safe place because when he outlives his usefulness to CBS and their Democrat henchmen, not even the color of his skin will protect this sleazy criminal.

[nadorick01]

Holder's department investigated themselves and surprise, surprise- they threw a few underlings under the bus and Holder didn't know anything. Either he is stupid, deaf and dumb, out of touch or maybe just the head guy who is untouchable in the investigation.....

[jschm2681]

What a surpise? Of course the House still holds him in contempt as does a lot of us.

[TimeToStepUp]

There were some comments about Horowitz being in Bush's administration, etc. Let's make an effort to TRY to look up the facts. He was a holdover in the CD after Clinton.

Horowitz started under Clinton. Below are links to both Holder's own account of Horowitz when he appointed him to the IG office MARCH 30, 2012 and to the Senate Nominations ... note there who provided recommendations for his appointment. March 30 ... How did he crank out an investigation in 6 months, brand new in his job? Amazing!
http://www.justice.gov/opa/pr/2012/March/12-ag-408.html
http://www.judiciary.senate.gov/nominations/112thCongressExecutiveNominations

[becker33]

100% ******** 1000 times worst than Watergate....

and no one died in Watergate