When the House of Representatives voted 255-67 to hold Attorney General Eric H. Holder Jr. in contempt of Congress, Mr. Holder and his Justice Department, surprisingly, wasted no time proving that they have nothing but contempt for the lawmakers who undertook that historic measure.
Justice Department officials quickly announced that there would be no prosecution and that as far as they were concerned, no crime had been committed. Mr. Holder, his agency and by proxy, the Obama White House, thumbed its collective nose at Congress, and particularly at the family of a slain Border Patrol agent, who are still waiting for answers about his murder.
How ironic that an administration that rode into office talking about openness and accountability would slam the door of secrecy on the House investigation of Operation Fast and Furious and - at least, so far - not hold anyone accountable for that disastrous misadventure. By invoking executive privilege rather than release an estimated 1,300 subpoenaed documents to the House Committee on Oversight and Government Reform, Mr. Obama and Mr. Holder have claimed full ownership of a scandal for which previously, they had plausibly denied any direct responsibility.
Can it be anything but 100-proof arrogance that now has the attorney general - the highest-ranking law enforcement official in the nation - hiding behind the president’s executive shield and his own department’s indifference to place himself essentially above the law? The Justice Department has treated House Oversight Committee members like lepers, while not removing a single individual responsible for Fast and Furious from the government payroll. Justice took a quick glance at the House vote and blew it off. All these things taken in total reflect a contemptuous indifference toward an equal branch of government that has a job to do.
At the heart of this scandal is an inconvenient truth: Agents at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) embraced an investigative technique that was disastrous, and they knew it. Had this been a completely private enterprise that was uncovered, those responsible might have already gone before a grand jury, with possible indictments and convictions. Instead, the people most closely associated with Fast and Furious are still receiving paychecks.
Back in 2009, Mr. Holder and others in the Obama administration were sharply critical of “weak” gun laws that they blamed for contributing to Mexico’s mayhem. Gun dealers, gun shows and private citizens making perfectly legal transactions got the blame.
Revelations from the investigation - conducted primarily by online journalists, CBS and Fox News - have vindicated these traditional whipping boys. But gun owners deserve to know who approved this fiasco and then let them take the rap.
When Operation Fast and Furious began disintegrating following the December 2010 slaying of Border Patrol Agent Brian Terry in the Arizona desert, it was revealed that law-abiding gun dealers had raised red flags. They had been told to complete transactions they believed to be linked to gun smuggling. ATF agents were allegedly told to “stand down” rather than interdict weapons.
When Iowa Sen. Chuck Grassley began inquiries, the Justice Department lied to him in a letter that has since been retracted because of “inaccuracies.” When the House Oversight Committee launched an investigation, they were stonewalled. Now, after the House contempt vote, Mr. Holder and the Justice Department are telling Capitol Hill and the American people that we have no right to know what has been done in our name, using our tax money.
The people do have a right to know, especially from an administration touting itself as the “most transparent” in our history, and we need to know now, not after the November election.
Alan Gottlieb is founder and executive vice president of the Second Amendment Foundation. Dave Workman is communications director of the Citizens Committee for the Right to Keep and Bear Arms.
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By Rand Paul
Obama acts as though we no longer have a Constitution