By Dave Workman | Senior Editor
A report by the Justice Department’s inspector general criticizes the former US Attorney for Arizona for his attempts to discredit a chief whistleblower in the Operation Fast and Furious scandal.
Senator Charles Grassley, who launched the first Capitol Hill investigation of Fast and Furious more than two years ago, blasted the treatment of whistleblower John Dodson, a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Grassley also ripped the subsequent attempts to discredit him by the Justice Department.
The Office of Inspector General released a report that shows former U.S. Attorney Dennis Burke leaked “a sensitive document” to a Fox News reporter in an attempt to discredit Dodson. The IG’s report, which may be viewed here, said “Burke’s conduct in disclosing the Dodson memorandum to be inappropriate for a Department employee and wholly unbefitting a U.S. Attorney.”
The IG report notes, “We concluded that Burke’s disclosure of the Dodson memorandum…violated Department rules pertaining to media relations contained in the United States Attorneys’ Manual, Sections1-7.210, 1-7.320, and 1-7.330. As described in Section II.B. of this report, these provisions require that OPA be kept informed of requests of national media organizations that relate to matters of national importance or significance, and that any media efforts of a Department component that relate to such matters be coordinated with OPA.
“These Department rules clearly applied here,” the 21-page report continues. “Burke disclosed the memorandum to a reporter who worked for Fox News, a national media organization. Further, Burke clearly knew at the time he disclosed the memorandum…in June 2011 that Operation Fast and Furious was a matter of national importance. The Fast and Furious case had been the subject of separate congressional and OIG inquiries for months and had gained significant attention from the media and the public. Burke also knew there were extensive and at times contentious discussions between the Department and Congress about the production of documents and that final decisions about what materials would be disclosed were being made by senior leadership offices in Washington, D.C. Under these circumstances, Burke was required by the U.S. Attorney’s Manual to inform OPA of (a reporter’s) request for information and to coordinate any media efforts he or his office might make with respect to (the) request. We found no evidence that Burke did this. In fact, Burke told congressional investigators that he did not discuss his decision to disclose the memorandum…with anybody from OPA.”
“We also concluded that Burke’s disclosure of the Dodson memorandum,” the report later says, “was likely motivated by a desire to undermine Dodson’s public criticisms of Operation Fast and Furious. Although Burke denied to congressional investigators that he had any retaliatory motive for his actions, we found substantial evidence to the contrary.”
Burke abruptly resigned his post in August 2011 as the investigation of Fast and Furious by the House Committee on Oversight and Government Reform was beginning to heat up. Grassley’s remarks about the former prosecutor and the Justice Department were stinging.
“The Inspector General outlined the Justice Department’s efforts to undermine Special Agent Dodson’s credibility,” Grassley said in a statement, “the whistleblower who had the guts to come forward and tell Congress the truth about Operation Fast and Furious. The Inspector General confirmed that Mr. Burke went to great lengths to discredit Special Agent Dodson and Congress’ investigation into the gunwalking that led to the death of Customs and Border Patrol Agent Brian Terry. Mr. Burke’s refusal to cooperate with the Inspector General’s investigation shows me that he didn’t operate in good faith. His actions are indicative of this administration’s willingness to attack whistleblowers who cooperate with Congress and show the administration’s commitment to undermine legitimate congressional oversight.”
The Congressional investigation into the Fast and Furious scandal was sparked after National Gun Rights Examiner David Codrea and independent blogger Mike Vanderboegh at Sipsey Street Irregulars began probing allegations surrounding the murder of Brian Terry in the Arizona desert in December 2010. A gun recovered at the scene was traced back to a Fast and Furious suspect who purchased the weapon months before at an Arizona gun shop.
Once Dodson appeared on the CBS Evening News, public interest in the case outpaced interest shown by the mainstream press. Fast and Furious was downplayed as a scandal, but ironically is back in the news now after the Obama administration has been under fire for three other scandals in recent days. Attorney General Eric Holder was held in contempt of Congress – the first time in the nation’s history that has happened to an attorney general – for refusing to turn over subpoenaed documents to the House Oversight committee, chaired by Congressman Darrell Issa.
“The report brings into question, yet again, the treatment that whistleblowers receive from this administration,” Grassley said. “Instead of examining the allegations that came forward, the Justice Department almost immediately began to attack the credibility and good name of a dedicated federal agent upset with what he was ordered to do.”
Fast and Furious allowed some 2,000 guns to be delivered into the hands of Mexican drug cartel gunmen. Senior ATF officials in Arizona were relieved of command. The investigation resulted in a shakeup of ATF officials, several of whom are no longer with the agency.
