Tuesday, January 24, 2012

Fast & Furious: Now Congress Has To Subpoena Government Employees

The Assistant U.S. Attorney who was apparently in charge of Fast & Furious refused to appear voluntarily to testify before the Congressional committee investigating this scandal (and almost certainly criminal acts).  Dave Hardy at Of Arms and the Law pointed me to the letter from Rep. Issa (R-CA) informing Patrick J. Cunningham, "Chief, Criminal Division, United States Attorney's Office for the District of Arizona" that he is going to be subpoenaed since he won't appear voluntarily.

What is really sad is the part of the letter where Issa reminds Cunningham that "your counsel's offer of an attorney proffer, [is] akin to what a defense lawyer would offer for an indicted defendant...."  And perhaps Cunningham realizes that what he and the Obama Administration did is of a nature that this is what he needs to be doing: acting like a criminal.

And surprise, surprise!  The January 20, 2012 Tucson Citizen reports that Cunningham is going to refuse to answer questions, taking the Fifth.  He certainly has that right--but Congressional committees can also provide selective immunity for information obtained in hearings, which prevents you from taking the Fifth (but leaving you open to prosecution for perjury if your statements are false).

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