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Fast and Furious update: Cranking up the pressure, plus DOJ gets the Misfit Politics treatment; UPDATE: New subpoena issued today

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By Michelle Malkin  •  October 12, 2011 10:07 AM

Scroll down for updates…subpoena issued today…

Nope. Eric Holder’s dodging and diversionary tactics yesterday didn’t work.

Here’s the vid of him running away from Fast and Furious questions yesterday:

The questions, lawsuits, and public outrage and frustration over Fast and Furious continue to grow despite Holder’s best efforts to change the subject.

First up, new Judicial Watch FOIA suits to break through the DOJ stonewall:

Judicial Watch, the organization that investigates and fights government corruption, announced today that it filed Freedom of Information Act (FOIA) lawsuits on October 11, 2011 against the U.S. Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to obtain records related to an ATF “gun-running” operation known as Fast and Furious (judicial watch v. u.s. department of justice (no. 1:11-cv-01796)), (Judicial Watch v. Bureau of Alcohol, Tobacco, Firearms and Explosives (No. 1:11-cv-01797)).

Pursuant to a Judicial Watch Freedom of Information Act (FOIA) request filed on July 13, 2011, Judicial Watch seeks the following the following records from the Department of Justice:

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 October 26, 2009 meeting/telephonic conference call between DAG David Ogden, Assistant Attorney General (AAG) Lanny Breuer, ATF Director Melson, Drug Enforcement Administration (DEA) Administrator Michelle Leonhart, Federal Bureau of Investigation (FBI) 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, ATF Operation Fast and Furious.

Judicial Watch filed a similar FOIA request with ATF on the same day. Neither agency has responded by the statutorily mandated deadline, prompting Judicial Watch’s lawsuit.

Next, in case you missed it, 9 Arizona sheriffs calling for an independent investigation into F&F:

More on the impending subpoenas from vigilant CBS reporter Sharyl Attkisson.

Chip Bok’s editorial cartoon on DOJ vs. Attkisson is perfect.

Get your “Am I the only person on the planet that didn’t get guns from the ATF?” here.

And to top off this morning’s scandal coverage, a new video from the brilliant team at Misfit Politics. It’s the DOJ “We’re Sorry” Fast and Furious song. Distractions-R-Us. Forget the bloody corruption. Think puppies and kittens!

***

Update: Just breaking this morning…Issa has issued a subpoena

Rep. Darrell Issa, chairman of the House Oversight and Government Reform Committee, sent a subpoena Wednesday to Attorney General Eric Holder as part of his investigation into the gun trafficking operation known as “Fast and Furious.”

“Top Justice Department officials, including Attorney General Holder, know more about Operation Fast and Furious than they have publicly acknowledged,” the California Republican said in a statement. “The documents this subpoena demands will provide answers to questions that Justice officials have tried to avoid since this investigation began eight months ago. It’s time we know the whole truth.”

The subpoena seeks, among other things, all communications regarding the operation from 16 top Justice officials, including Holder, his chief of staff, Gary Grindler, and the head of the department’s criminal division, Lanny Breuer, as well as correspondence on specific dates to and from the former head of the ATF’s Phoenix field division, William Newell.

It also asks for all documents and communications referring or relating to the murder of Immigrations and Customs Enforcement Agent Jaime Zapata, including any correspondence outlining the details of Zapata’s mission at the time he was murdered.

Congressional investigators are demanding information regarding the investigation into the death of U.S. Border Patrol agent Brian Terry. Two guns found at Terry’s crime scene were linked to the failed operation that allowed more than 2,000 weapons to “walk.”

The subpoena also asks for correspondence that Justice Department officials had with the White House about the gun trafficking operation, as well as what information was shared by Justice officials in Mexico.

This second subpoena follows the first one issued in March to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

From Issa’s office:

House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) today announced the issuance of a subpoena to Attorney General Eric Holder, Jr. for Justice Department documents related to the “Operation Fast and Furious” gun walking scandal.

“Top Justice Department officials, including Attorney General Holder, know more about Operation Fast and Furious than they have publicly acknowledged,” said Chairman Issa. “The documents this subpoena demands will provide answers to questions that Justice officials have tried to avoid since this investigation began eight months ago. It’s time we know the whole truth.”

The subpoena seeks the following:

In accordance with the attached schedule instructions, you, Eric H. Holder Jr., are required to produce all records in unredacted form described below:

1. All communications referring or relating to Operation Fast and Furious, the Jacob Chambers case, or any Organized Crime Drug Enforcement Task Force (OCDETF) firearms trafficking case based in Phoenix, Arizona, to or from the following individuals:

a. Eric Holder Jr., Attorney General;

b. David Ogden, Former Deputy Attorney General;

c. Gary Grindler, Office of the Attorney General and former Acting Deputy Attorney General;

d. James Cole, Deputy Attorney General;

e. Lanny Breuer, Assistant Attorney General;

f. Ronald Weich, Assistant Attorney General;

g. Kenneth Blanco, Deputy Assistant Attorney General;

h. Jason Weinstein, Deputy Assistant Attorney General;

i. John Keeney, Deputy Assistant Attorney General;

j. Bruce Swartz, Deputy Assistant Attorney General;

k. Matt Axelrod, Associate Deputy Attorney General;

l. Ed Siskel, former Associate Deputy Attorney General;

m. Brad Smith, Office of the Deputy Attorney General;

n. Kevin Carwile, Section Chief, Capital Case Unit, Criminal Division;

o. Joseph Cooley, Criminal Fraud Section, Criminal Division; and,

p. James Trusty, Acting Chief, Organized Crime and Gang Section.

2. All communications between and among Department of Justice (DOJ) employees and Executive Office of the President employees, including but not limited to Associate Communications Director Eric Schultz, referring or relating to Operation Fast and Furious or any other firearms trafficking cases.

3. All communications between DOJ employees and Executive Office of the President employees referring or relating to the President’s March 22, 2011 interview with Jorge Ramos of Univision.

4. All documents and communications referring or relating to any instances prior to February 4, 2011 where the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) failed to interdict weapons that had been illegally purchased or transferred.

5. All documents and communications referring or relating to any instances prior to February 4, 2011 where ATF broke off surveillance of weapons and subsequently became aware that those weapons entered Mexico.

6. All documents and communications referring or relating to the murder of Immigrations and Customs Enforcement Agent Jaime Zapata, including but not limited to documents and communications regarding Zapata’s mission when he was murdered, Form for Reporting Information That May Become Testimony (FD-302), photographs of the crime scene, and investigative reports prepared by the FBI.

7. All communications to or from William Newell, former Special Agent-in-Charge for ATF’s Phoenix Field Division, between:

a. December 14, 2010 to January 25, 2011; and,

b. March 16, 2009 to March 19, 2009.

8. All Reports of Investigation (ROIs) related to Operation Fast and Furious or ATF Case Number 785115-10-0004.

9. All communications between and among Matt Axelrod, Kenneth Melson, and William Hoover referring or relating to ROIs identified pursuant to Paragraph 7.

10. All documents and communications between and among former U.S. Attorney Dennis Burke, Attorney General Eric Holder Jr., former Acting Deputy Attorney General Gary Grindler, Deputy Attorney General James Cole, Assistant Attorney General Lanny Breuer, and Deputy Assistant Attorney General Jason Weinstein referring or relating to Operation Fast and Furious or any OCDETF case originating in Arizona.

11. All communications sent or received between:

a. December 16, 2009 and December 18, 2009, and;

b. March 9, 2011 and March 14, 2011, to or from the following individuals:

i. Emory Hurley, Assistant U.S. Attorney, Office of the U.S. Attorney for the District of Arizona;

ii. Michael Morrissey, Assistant U.S. Attorney, Office of the U.S. Attorney for the District of Arizona;

iii. Patrick Cunningham, Chief, Criminal Division, Office of the U.S. Attorney for the District of Arizona;

iv. David Voth, Group Supervisor, ATF; and,

v. Hope MacAllister, Special Agent, ATF.

12. All communications sent or received between December 15, 2010 and December 17, 2010 to or from the following individuals in the U.S. Attorney’s Office for the District of Arizona:

a. Dennis Burke, former United States Attorney;

b. Emory Hurley, Assistant United States Attorney;

c. Michael Morrissey, Assistant United States Attorney; and,

d. Patrick Cunningham, Chief of the Criminal Division.

13. All communications sent or received between August 7, 2009 and March 19, 2011 between and among former Ambassador to Mexico Carlos Pascual; Assistant Attorney General Lanny Breuer; and, Deputy Assistant Attorney General Bruce Swartz.

14. All communications sent or received between August 7, 2009 and March 19, 2011 between and among former Ambassador to Mexico Carlos Pascual and any Department of Justice employee based in Mexico City referring or relating to firearms trafficking initiatives, Operation Fast and Furious or any firearms trafficking case based in Arizona, or any visits by Assistant Attorney General Lanny Breuer to Mexico.

15. Any FD-302 relating to targets, suspects, defendants, or their associates, bosses, or financiers in the Fast and Furious investigation, including but not limited to any FD-302s ATF Special Agent Hope MacAllister provided to ATF leadership during the calendar year 2011.

16. Any investigative reports prepared by the FBI or Drug Enforcement Administration (DEA) referring or relating to targets, suspects, or defendants in the Fast and Furious case.

17. Any investigative reports prepared by the FBI or DEA relating to the individuals described to Committee staff at the October 5, 2011 briefing at Justice Department headquarters as Target Number 1 and Target Number 2.

18. All documents and communications in the possession, custody or control of the DEA referring or relating to Manuel Fabian Celis-Acosta.

19. All documents and communications between and among FBI employees in Arizona and the FBI Laboratory, including but not limited to employees in the Firearms/Toolmark Unit, referring or relating to the firearms recovered during the course of the investigation of Brian Terry’s death.

20. All agendas, meeting notes, meeting minutes, and follow-up reports for the Attorney General’s Advisory Committee of U.S. Attorneys between March 1, 2009 and July 31, 2011, referring or relating to Operation Fast and Furious.

21. All weekly reports and memoranda for the Attorney General, either directly or through the Deputy Attorney General, from any employee in the Criminal Division, ATF, DEA, FBI, or the National Drug Intelligence Center created between November 1, 2009 and September 30, 2011.

22. All surveillance tapes recorded by pole cameras inside the Lone Wolf Trading Co. store between 12:00 a.m. on October 3, 2010 and 12:00 a.m. on October 7, 2010.

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