Federal Prosecutor to Take 5th Amendment in Fast and Furious Probe
Federal Prosecutor to Take 5th Amendment in Fast and Furious Probe
January 20th, 2012
Via: Politico:
A senior federal prosecutor in Arizona intends to invoke his Fifth Amendment rights rather than testify before a House committee next week looking into the Justice Department’s handling of the Fast and Furious gunrunning investigation, the prosecutor’s attorney told Congress in a letter on Thursday.
On Wednesday, House Government Reform and Oversight Committee Chairman Darrell Issa issued a subpoena to Patrick Cunningham, the chief of the criminal section at the U.S. Attorney’s Office in Arizona. The deposition subpoena came after a plan to have Cunningham appear for a less formal interview fell apart.
Sources say Cunningham is concerned that he’s caught in a pincer of sorts between senior Justice Department officials in Washington eager to shift blame to lower-ranking staffers and Congressional investigators eager to see heads roll over the investigation, which allegedly allowed more than 1000 weapons to cross the border into Mexico despite suspicions they were destined for drug cartels.
“Department of Justice Officials have reported to the Committee that my client relayed inaccurate information to the Department upon which it relied in preparing its initial response to Congress. If, as you claim, Department officials have blamed my client, they have blamed him unfairly,” Cunningham’s personal attorney, Tobin Romero of Williams & Connolly, wrote to Issa.
“As a professional courtesy and to avoid needless preparation by the committee and its staff for a deposition next week, I am writing to advise you that my client is going to assert his constitutional privilege not to be compelled to be a witness against himself,” Romero wrote. “My client is, in fact, innocent, but he has been ensnared by the unfortunate circumstances in which he now stands between two branches of government. I will therefore be instructing him to assert his constitutional privilege.”
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