Grassley says emails suggest ATF blocking Senate gun probe

By Jerry Seper
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The Washington Times
7:23 p.m., Friday, April 8, 2011

The Senate Judiciary Committee's ranking Republican, who has questioned whether the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed suspected gun smugglers to purchase assault rifles that later may have been used in the killing of a U.S. Border Patrol agent, wants to know if ATF has ordered its agents not to cooperate in his investigation of the shooting.

In a letter Friday to ATF Acting Director Kenneth E. Melson, Sen. Charles E. Grassley said emails obtained through the Freedom of Information Act "appear to contain proposed guidance" on how to respond to questions from the senator's office, including instructions that agents were "in no way obligated to respond" and should refer inquiries in the matter to ATF's office of congressional affairs.

The Iowa Republican described the emails as "further attempts to prevent direct communications with my office" by telling agents they were "not authorized to disclose non-public information.

"It is of grave concern because, as you know, such attempts to prevent direct communications with Congress are not a lawfully authorized activity of any officer or employee of the United States whose salary is paid with appropriated funds," he wrote.

Mr. Grassley has raised questions on whether ATF allowed suspected gun smugglers to purchase and keep assault rifles that later were used to kill Border Patrol Agent Brian A. Terry, and if the agency allowed the sale of the weapons to "known and suspected straw purchasers for an illegal trafficking ring near the Southwest border." He said two of those weapons reportedly were recovered at the site of the Terry shooting.

The senator said ATF agents told his staff the agency, as part of "Project Gunrunner" and its "Fast and Furious" component, allowed guns to "walk" across the border, despite warnings from agents in the field that the policy would result in somebody getting killed. "Fast and Furious" was a gunrunning sting set up by ATF that funneled more than 1,700 smuggled weapons from Arizona to Mexico.

Terry, 40, was attempting to arrest bandits who prey on illegal aliens when he was fatally shot about 10 miles north of the U.S.-Mexico border.

Mr. Grassley said ATF had been tracking the gun purchases of one of those arrested in the shooting, Jaime Avila, since November 2009 when he made his first buys at a Glendale, Ariz., gun shop. He said Avila bought three more weapons at the same dealer on Jan. 9, 2010, and three AK-47 assault rifles on Jan. 16. Over the next several months, he said ATF continued to track his multiple firearms purchases, including two purchases of .50-caliber rifles in June 2010.

While at least one Arizona gun dealer wanted to stop participating in sales "like those to Avila," he said ATF encouraged the dealer to continue selling to suspected traffickers.

After the Terry shooting, law enforcement officials recovered from the scene two assault rifles that were traced by the agency and matched two of the three rifles purchased by Avila "and tracked by ATF nearly a year earlier."

The Justice Department has denied that guns sold in purchases sanctioned by federal firearms agents were later used in the shootout that left Terry dead. Assistant U.S. Attorney General Ronald Weich said in a letter to Mr. Grassley that the claim was false.

In his letter, Mr. Grassley said that for Congress to exercise its oversight authority and act as a check on executive power, it was "crucial" that agency employees were free to communicate directly with members of Congress and their committee staffs. He said without such unfiltered communications, "Congress would still be unaware of and unable to inquire about the serious allegations involving the death of Border Patrol Agent Brian Terry and the sales of weapons to known and suspected gun traffickers."

Among the emails noted by Mr. Grassley was one to ATF Deputy Director Billy Hoover regarding suggestions on how agents should be directed to respond to congressional requests.

"Since our investigation began, I've continued to be contacted by agents and others within ATF about wrongdoing regarding Fast and Furious at the ATF and the Justice Department," Mr. Grassley said. "If people have concerns they should be able to express themselves without feeling pressure from their bosses."

He said one agent who contacted him was George Gillett, assistant special agent in charge of the ATF's Phoenix field division, who chose to disclose to the agency that he had protected contacts with Congress. Mr. Grassley said the contact was "an essential component of our inquiry," noting that the high-ranking ATF agent had participated in two meetings with staffs from the Senate Judiciary Committee and the House Oversight and Government Reform Committee.

"As you know, retaliation for such communications is prohibited by law," Mr. Grassley said in the letter.

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