Tuesday, August 30, 2011

Operation Fast and Furious LI


Acting ATF chief steps down
By: Jennifer Epstein
August 30, 2011 12:21 PM EDT
The man who led the controversial Fast and Furious anti-gun-trafficking operation will step down as the interim head of Bureau of Alcohol, Tobacco, Firearms and Explosives, the Justice Department announced Tuesday as it named a new acting director for the agency.

Kenneth Melson, the bureau’s acting director, on Wednesday will move to the Office of Legal Policy, where he will be a senior adviser on forensic science, the department said without making reference to the failed gun-tracking operation that is alleged to have ultimately put guns into the hands of criminals. Dennis Burke, the U.S. Attorney in Arizona who oversaw prosecutions in that state related to the Fast and Furious operation, is also stepping down, the department said.

“Ken brings decades of experience at the department and extensive knowledge in forensic science to his new role, and I know he will be a valuable contributor on these issues,” Attorney General Eric Holder said of Melson in a statement. “As he moves into this new role, I want to thank Ken for his dedication to the department over the last three decades.”

Melson’s replacement is B. Todd Jones, the U.S. Attorney for the District of Minnesota. Jones “is a demonstrated leader who brings a wealth of experience to this position,” Holder said. “I have great confidence that he will be a strong and steady influence guiding ATF in fulfilling its mission of combating violent crime by enforcing federal criminal laws and regulations in the firearms and explosives industries.”

Melson took the top spot at the ATF on an interim basis in 2009 and oversaw the execution of Fast and Furious, an effort that was aimed at rooting out gun smugglers selling weapons to Mexican cartels. Ultimately, the ATF lost track of as many as 2,000 guns that were sold during the operation, including two that were found near the scene of the killing of a Border Patrol agent.

In a separate statement, Holder commended Burke’s “decision to place the interests of the U.S. Attorney’s office above all else” in stepping down. CBS reported that Assistant U.S. Attorney Emory Hurley, who worked under Burke on Fast and Furious, will be reassigned to the Civil Division of the Justice Department.

Holder also praised Burke’s work, and said his office’s “quick response to the devastating shootings in January that claimed the lives of several people and critically injured Congresswoman Gabrielle Giffords was crucial in arresting and charging the alleged shooter.”

An investigation of the Fast and Furious operation by the House Oversight and Government Reform Committee found emails showing that Melson was regularly informed of the problems with the investigation.

One associate told POLITICO that, despite news stories predicting Melson’s exit since the beginning of the summer, he may have been reluctant to resign due to issues related to eligibility for retirement. Melson started at the Justice Department in 1983 as a federal prosecutor in Virginia.

Rep. Darrell Issa (R-Calif.), chairman of the House oversight committee, initially called on Melson to resign, but reversed course in July, saying that Melson should not be forced out until the facts about the operation were fully known.

In a statement Tuesday, Issa said “the reckless disregard for safety” by the Justice Department “certainly merits changes” in personnel.

But the committee will continue to investigate Fast and Furious “to ensure that blame isn’t offloaded on just a few individuals for a matter that involved much higher levels of the Justice Department,” Issa said. “There are still many questions to be answered about what happened in Operation Fast and Furious and who else bears responsibility, but these changes are warranted and offer an opportunity for the Justice Department to explain the role other officials and offices played in the infamous efforts to allow weapons to flow to Mexican drug cartels.”

Sen. John Cornyn (R-Texas) voiced dismay that Melson has been reassigned and not forced to step down. Holder, he said, should have requested Melson’s resignation and “come clean on all alleged gun-walking operations.”

In July, there was fresh evidence of distance between Melson and Justice Department leaders when he gave a lengthy interview to congressional investigators outside the presence of and without advance notice to DOJ’s legislative affairs team. In the interview, Melson said he had objected to aspects of DOJ’s plans for handing the legislative inquiries and that he had been told not to tell Congress why mid-ranking ATF officials with responsibility for the Fast and Furious operation were reassigned.

The ATF has been without a permanent director since 2006. The confirmation process for the Obama administration’s nominee, Andrew Traver, the head of the agency’s Chicago office, has stalled under opposition from the National Rifle Association.

Josh Gerstein contributed to this report.




That Was Fast & Furious: U.S. Attorney For Arizona, Dennis Burke Resigns

According to Fox News, Dennis Burke got physically sick during questioning last week when questioned by congressional investigators.  Burke became so ill, that he could not finish his questioning. 
______________________________________________________________________________
Amid fallout from Operation Fast and Furious 
Dennis Burke, U.S. Attorney for the District of Arizona, has delivered his letter of resignation to President Obama - effective immediately.
The move comes amid fallout from Operation Fast and Furious, that was designed to track gun buyers and major weapons traffickers along the border.  One of the guns was linked to the death of Border Patrol Agent Brian Terry last year.
“My long tenure in public service has been intensely gratifying.  It has also been intensely demanding.  For me, it is the right time to move on to pursue other aspects of my career and my life and allow the office to move ahead," Burke said in the letter.
Burke was appointed U.S. Attorney for the District of Arizona in 2009.
Burke's departure comes the same day as the transfer of ATF acting director Kenneth Melson to a new post.
_______________________________________________________________________________
Mark Carlson
Associated Press
PHOENIX (AP) - U.S. Attorney for Arizona Dennis Burke has submitted his resignation to President Barack Obama. In an email sent to his staff Tuesday, Burke says his long tenure in public office has been intensely gratifying and intensely demanding.
Burke says it's the right time to move on to pursue other aspects of his career and life and allow the office to move ahead.
Burke was appointed U.S. Attorney for the District of Arizona in 2009. The U.S. Attorney's Office says Burke's resignation is effective immediately.
(Copyright 2011 by The Associated Press. All Rights Reserved.)
___________________________________________________________________
Here is a release from Dennis Burke's office:
PHOENIX – Dennis Burke, U.S. Attorney for the District of Arizona, has delivered his letter of resignation to President Obama. A copy of the letter is below.
In an email to staff, Burke said:
“The work in every corner of this office – your work – has been significant and impressive. When I first came to this office a decade ago as a line AUSA (Assistant United States Attorney), I knew this was an excellent office and did important work.”
 Burke added, “My long tenure in public service has been intensely gratifying. It has also been intensely demanding. For me, it is the right time to move on to pursue other aspects of my career and my life and allow the office to move ahead.
Burke was appointed U.S. Attorney for the District of Arizona in 2009. His resignation is effective immediately.
Ann Scheel will serve as Acting United States Attorney, under the Vacancies Reform Act and by virtue of her position as First Assistant. Burke added, “I thank Ann for agreeing to assume these responsibilities until the Attorney General or the President makes an interim or permanent appointment.”
LINKS:

THE HILL

ATF head removed by DOJ after 'Fast and Furious' controversy

By Jordy Yager 08/31/11 07:30 PM ET
The head of the ATF has been removed after months of speculation about his role in a botched gun-tracking operation that could have contributed to the death of a Border Patrol agent.
The Department of Justice (DOJ) announced on Tuesday that acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kenneth Melson was being replaced. Melson is being transferred to the Office of Legal Policy, where he will be a senior adviser.
U.S. Attorney for the District of Minnesota Todd Jones will take over as acting ATF director, according to the Department of Justice.
In a simultaneous move, the U.S. Attorney for Arizona Dennis Burke announced his resignation on Tuesday. Burke oversaw the legal aspects of the "Fast and Furious" operation, providing advice to agents involved.


Issa, chairman of the House Oversight and Government Reform Committee, called for Melson’s resignation in June; two weeks later he backed away from those demands when Melson came to Capitol Hill during the July 4 holiday with his own personal lawyer to conduct a transcribed interview with Issa and Grassley’s staff.
Melson's reassignment and Burke's resignation represent the first major investigative victory for Issa, who said he would continue to probe Justice and its botched gun-tracking operation.
“While the reckless disregard for safety that took place in Operation Fast and Furious certainly merits changes within the Department of Justice, the Oversight and Government Reform Committee will continue its investigation to ensure that blame isn’t offloaded on just a few individuals for a matter that involved much higher levels of the Justice Department,” Issa said in a statement.
“There are still many questions to be answered about what happened in Operation Fast and Furious and who else bears responsibility, but these changes are warranted and offer an opportunity for the Justice Department to explain the role other officials and offices played in the infamous efforts to allow weapons to flow to Mexican drug cartels.”


Rep. Lamar Smith (Texas), chairman of the House Judiciary Committee, said he was concerned that Melson may be taking the fall for the incompetent decisions of others and that Congress needs to probe further into the matter to identify and hold responsible any remaining key players.

“This move by the administration indicates that Director Melson may be being used as a scapegoat for a much larger problem within ATF and DOJ,” said Smith in a statement.
“It appears that other senior officials at DOJ may have been involved in this deadly operation. The American people and Congress will not be appeased until we have the whole truth about how and why Operation Fast and Furious was authorized. Congress will not ignore an agency so out of control that its decisions and operations cost American lives.”
The Fast and Furious operation came under congressional scrutiny after whistleblowers within the ATF brought it to Grassley’s attention. ATF agents said they were told to monitor the sale of thousands of guns in the Southwest with the hope of tracking them back to Mexican drug cartels and dismantling their trafficking networks.
But agents were often told to abandon surveillance of the weapons, allowing them — and the straw buyers — to disappear, according to testimony from numerous agents before the House. The only remaining hope for agents to track the guns was if other agencies found them at a murder scene or during a drug raid and identified them by the serial numbers on the guns.
Officials linked two weapons found at the Arizona murder scene last December of Border Patrol Agent Brian Terry — according to testimony, they are terrified that some of the thousands of guns still at large will be used to kill more innocent people.
Melson has never been implicitly indicated as approving the tactic of letting the guns “walk,” but Issa has argued that as the head of the agency, he should have been aware of the operation.
Attorney General Eric Holder heralded the promotion of Jones, saying he will provide the ATF with the necessary leadership to strengthen the agency.

“As a seasoned prosecutor and former military judge advocate, U.S. Attorney Jones is a demonstrated leader who brings a wealth of experience to this position,” Holder said.
“I have great confidence that he will be a strong and steady influence guiding ATF in fulfilling its mission of combating violent crime by enforcing federal criminal laws and regulations in the firearms and explosives industries.”

He also lauded Burke’s career, focusing on the his role in bringing the alleged shooter of Rep. Gabrielle Giffords (D-Ariz.) to justice. Giffords was shot in the head in January while speaking publicly at a shopping center.
“The office’s quick response to the devastating shootings in January that claimed the lives of several people and critically injured Congresswoman Gabrielle Giffords was crucial in arresting and charging the alleged shooter,” said Holder in a statement.
The DOJ inspector general is conducting its own investigation of the operation. Both Holder and President Obama have declined to comment in any detail about the program until the investigation is completed.

—This story was posted at 12:29 and last updated at 2:30 p.m.
Source:
http://thehill.com/homenews/administration/178735-atf-head-removed-after-fast-and-furious-controversy

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