Darrell Issa Puts Details of Secret Wiretap Applications in Congressional Record
By Jonathan Strong
Roll Call Staff
June 29, 2012, 12:06 p.m.
In the midst of a fiery floor debate over contempt proceedings for Attorney General Eric Holder, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) quietly dropped a bombshell letter into the Congressional Record.
The May 24 letter to Rep. Elijah Cummings (D-Md.), ranking member on the panel, quotes from and describes in detail a secret wiretap application that has become a point of debate in the GOP’s “Fast and Furious” gun-walking probe.
The wiretap applications are under court seal, and releasing such information to the public would ordinarily be illegal. But Issa appears to be protected by the Speech or Debate Clause in the Constitution, which offers immunity for Congressional speech, especially on a chamber’s floor.
According to the letter, the wiretap applications contained a startling amount of detail about the operation, which would have tipped off anyone who read them closely about what tactics were being used.
Holder and Cummings have both maintained that the wiretap applications did not contain such details and that the applications were reviewed narrowly for probable cause, not for whether any investigatory tactics contained followed Justice Department policy.
The wiretap applications were signed by senior DOJ officials in the department’s criminal division, including Deputy Assistant Attorney General Jason Weinstein, Deputy Assistant Attorney General Kenneth Blanco and another official who is now deceased.
In Fast and Furious, agents for the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed assault guns bought by “straw purchasers” to “walk,” which meant ending surveillance on weapons suspected to be en route to Mexican drug cartels.
The tactic, which was intended to allow agents to track criminal networks by finding the guns at crime scenes, was condemned after two guns that were part of the operation were found at U.S. Border Patrol agent Brian Terry’s murder scene.
Straw purchasers are individuals who buy guns on behalf of criminals, obscuring who is buying the weapons.
While Issa has since said he has obtained a number of wiretap applications, the letter only refers to one, from March 15, 2010. The full application is not included in what Issa entered into the Congressional Record, and names are obscured in Issa’s letter.
In the application, ATF agents included transcripts from a wiretap intercept from a previous Drug Enforcement Administration investigation that demonstrated the suspects were part of a gun-smuggling ring.
“The wiretap affidavit details that agents were well aware that large sums of money were being used to purchase a large number of firearms, many of which were flowing across the border,” the letter says.
The application included details such as how many guns specific suspects had purchased via straw purchasers and how many of those guns had been recovered in Mexico.
It also described how ATF officials watched guns bought by suspected straw purchasers but then ended their surveillance without interdicting the guns.
In at least one instance, the guns were recovered at a police stop at the U.S.-Mexico border the next day.
The application included financial details for four suspected straw purchasers showing they had purchased $373,000 worth of guns in cash but reported almost no income for the previous year, the letter says.
“Although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers. Upon learning these details through its review of this wiretap affidavit, senior Justice Department officials had a duty to stop this operation. Further, failure to do so was a violation of Justice Department policy,” the letter says.