Lawsuit wants to know who said what and when

Eric Holder

New subpoenas are expected from Congress in its investigation of the fractured federal "Fast and Furious" operation in which government agents directed weapons into the hands of Mexican drug lords, but that's not all Attorney General Eric Holder may have to worry about.

A private government watchdog, Judicial Watch, which hunts down, reveals and prosecutes government corruption, has filed a lawsuit to obtain documentation of the conversations and exchanges that facilitated the program, which has been blamed for the weapons used to kill U.S. Border Patrol agent Brian Terry.

The organization announced that it has filed Freedom of Information Act lawsuits against the U.S. Department of Justice and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

The legal cases came after the federal agencies did not respond to the organization's requests in July for information.

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"We've asked for basic information and we haven't received one document from the Department of Justice or ATF regarding Fast and Furious. And, given their dissembling, Justice and ATF are apparently in cover-up mode. We think it is important that an independent investigation of this scandal take place and our lawsuits are a good way to do it," said Judicial Watch President Tom Fitton.

The group's requests are for:

• All records of communication, contracts and correspondence between ATF Director Kenneth E. Melson and any official, officer or employee of the Office of the Deputy Attorney General (DAG) regarding ATF Phoenix Operation Fast and Furious.
• All records regarding, concerning or related to the Oct. 26, 2009, meeting/telephonic conference call between DAG David Ogden, Assistant Attorney General Lanny Breuer, ATF Director Melson, Drug Enforcement Administration Administrator Michelle Leonhart, Federal Bureau of Investigation Director Robert Mueller and other DOJ officials regarding the Southwest Border Strategy (including, but not limited to, any agendas, minutes, transcripts, notes or presentations).
• All records prepared for or submitted to the House Committee on Oversight and Government Reform regarding, concerning or related to Fast and Furious.

Meanwhile, Fox News reported that congressional investigators are sending a subpoena to Holder seeking communications from the attorney general and nearly a dozen other Justice Department officials about the program.

Holder, in a news conference, indicated that he will comply with the congressional demand. It was just last week that he responded to members of Congress who asked about 2010 memos addressed to him that referred to the program. The memos appeared to conflict with Holder's previous testimony stating he learned of the program only this year. 

He explained he simply doesn't read every document he gets.

Rep. Darrell Issa, R-Calif., said that Holder needs to take some responsibility.

"Operation Fast and Furious was the department's most significant gun trafficking case. Whether you realize yet or not, you own Fast and Furious. It is your responsibility," he told Holder in a letter this week.

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