In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
He's gonna plead the 5th
Night Stalker
Member Posts: 11,967
Federal official in Arizona to plead the fifth and not answer questions on 'furious'
The chief of the Criminal Division of the U.S. Attorney's Office in Arizona is refusing to testify before Congress regarding Operation Fast and Furious, the federal gun-running scandal that sent U.S. weapons to Mexico.
Patrick J. Cunningham informed the House Oversight Committee late Thursday through his attorney that he will use the Fifth Amendment protection.
Cunningham was ordered Wednesday to appear before Chairman Darrell Issa and the House Oversight Committee regarding his role in the operation that sent more than 2,000 guns to the Sinaloa Cartel. Guns from the failed operation were found at the murder scene of Border Agent Brian Terry.
The letter from Cunningham's Washington DC attorney stunned congressional staff. Last week, Cunningham, the second highest ranking U.S. Attorney in Arizona, was scheduled to appear before Issa`s committee voluntarily. Then, he declined and Issa issued a subpoena.
Cunningham is represented by Tobin Romero of Williams and Connolly who is a specialist in white collar crime. In the letter, he suggests witnesses from the Department of Justice in Washington, who have spoken in support of Attorney General Eric Holder, are wrong or lying.
"Department of Justice officials have reported to the Committee that my client relayed inaccurate information to the Department upon which it relied in preparing its initial response to Congress. If, as you claim, Department officials have blamed my client, they have blamed him unfairly," the letter to Issa says.
Romero claims Cunningham did nothing wrong and acted in good faith, but the Department of Justice in Washington is making him the fall guy, claiming he failed to accurately provide the Oversight Committee with information on the execution of Fast and Furious.
"To avoid needless preparation by the Committee and its staff for a deposition next week, I am writing to advise you that my client is going to assert his constitutional privilege not to be compelled to be a witness against himself." Romero told Issa.
This schism is the first big break in what has been a unified front in the government's defense of itself in the gun-running scandal. Cunningham claims he is a victim of a conflict between two branches of government and will not be compelled to be a witnesses against himself, and make a statement that could be later used by a grand jury or special prosecutor to indict him on criminal charges.
.
The chief of the Criminal Division of the U.S. Attorney's Office in Arizona is refusing to testify before Congress regarding Operation Fast and Furious, the federal gun-running scandal that sent U.S. weapons to Mexico.
Patrick J. Cunningham informed the House Oversight Committee late Thursday through his attorney that he will use the Fifth Amendment protection.
Cunningham was ordered Wednesday to appear before Chairman Darrell Issa and the House Oversight Committee regarding his role in the operation that sent more than 2,000 guns to the Sinaloa Cartel. Guns from the failed operation were found at the murder scene of Border Agent Brian Terry.
The letter from Cunningham's Washington DC attorney stunned congressional staff. Last week, Cunningham, the second highest ranking U.S. Attorney in Arizona, was scheduled to appear before Issa`s committee voluntarily. Then, he declined and Issa issued a subpoena.
Cunningham is represented by Tobin Romero of Williams and Connolly who is a specialist in white collar crime. In the letter, he suggests witnesses from the Department of Justice in Washington, who have spoken in support of Attorney General Eric Holder, are wrong or lying.
"Department of Justice officials have reported to the Committee that my client relayed inaccurate information to the Department upon which it relied in preparing its initial response to Congress. If, as you claim, Department officials have blamed my client, they have blamed him unfairly," the letter to Issa says.
Romero claims Cunningham did nothing wrong and acted in good faith, but the Department of Justice in Washington is making him the fall guy, claiming he failed to accurately provide the Oversight Committee with information on the execution of Fast and Furious.
"To avoid needless preparation by the Committee and its staff for a deposition next week, I am writing to advise you that my client is going to assert his constitutional privilege not to be compelled to be a witness against himself." Romero told Issa.
This schism is the first big break in what has been a unified front in the government's defense of itself in the gun-running scandal. Cunningham claims he is a victim of a conflict between two branches of government and will not be compelled to be a witnesses against himself, and make a statement that could be later used by a grand jury or special prosecutor to indict him on criminal charges.
.
Comments
If any of you believe that action will be taken over this,......well, you live in a dream world IMHO.
Too old to live...too young to die...
Trinity +++
If he is considered a Federal Law Enforcement Officer they could just interview him under the Garretty rule and he would have to give testimony. They couldn't use what he say to prosecute, but he could face an administrative decision to terminate.
Trinity +++
The Garrity Warning only works if he wants to keep his job. I imagine he will resign before it gets to that point. Like it or not he has Constitutional Rights like anyone else.
It's interesting that they believe in the Constitution when it's their butts being hung out instead of yours and mine.
funny...I was thinking the same thing.
quote:Originally posted by TrinityScrimshaw
If he is considered a Federal Law Enforcement Officer they could just interview him under the Garretty rule and he would have to give testimony. They couldn't use what he say to prosecute, but he could face an administrative decision to terminate.
Trinity +++
The Garrity Warning only works if he wants to keep his job. I imagine he will resign before it gets to that point. Like it or not he has Constitutional Rights like anyone else.
That may be just what he's planning fella's.
I read another article this morning which stated he is "leaving the federal government for employment in the civilian sector".
It is nearly impossible for the average, honest, hard-working citizen to comprehend the level of deception and dishonest planning that has surrounding this program from the very beginning. [V]
If only we, as taxpayers, could de-fund some of this BS. Seems some of our elected official's are not willing to even acknowledge these matters, much less address them.
NS
Not true. It will keep him from being criminally prosecuted, but not from administrative punishment such as job termination.
I was the Internal Affairs Officer at several agency I worked at, and Garrity was used this way many times to get to the bottom of things and weed out the bad apples. The problem is that an agency can be passing on their troubles to another department if the officer being investigated chooses to seek a job at another department. If the gaining agency does a proper back ground check they will usually discover the officers past that way.
Trinity +++
He's gonna plead the 5th
I believe I would too. Holder is trying to set him up to be the fall guy and keep the blame from landing on his and Obama's desk where it belongs.
I know that Thomas Perez is a Justice Dept division chief (EEO), & is an appointee. So, I would guess that Cunningham is also, & not considered an LEO. If so, he can be fired at the convenience of the Big Eared Leader.
Neal
"The law must be enforced." --- Barack Hussein Obama
maybe he realized he's the designated fall guy to cover Holder and Obama's *?
Precisely. The 5th is his only protection in that case and he should use it.
CLouder..
"The Garrity Warning only works if he wants to keep his job."
Not true. It will keep him from being criminally prosecuted, but not from administrative punishment such as job termination.
I was the Internal Affairs Officer at several agency I worked at, and Garrity was used this way many times to get to the bottom of things and weed out the bad apples. The problem is that an agency can be passing on their troubles to another department if the officer being investigated chooses to seek a job at another department. If the gaining agency does a proper back ground check they will usually discover the officers past that way.
Trinity +++
The Garrity Warning applies to an Administrative Investigation, and the Miranda Warning applies to a Criminal Investigation. Those are two separate investigations, and Criminal investigations can not use Garrity material because it is compelled. Garrity can compel an employee to make incriminating statements under the threat of disciplinary action to include termination, thus those statements can not be used in a Criminal Trial. If he resigns, then the Garrity Warning has no force because he no longer works there.
http://www.garrityrights.org/garrity-warnings.html