Mischaracterizing' Evidence in Probe of Operation Fast and Furious




The Justice Department is accusing the Republican congressman who is leading an investigation into "Operation Fast and Furious" of "mischaracterizing evidence" and "maligning" federal law enforcement officials by questioning Sunday whether the FBI was trying to cover up the existence of a third gun at the scene of Border Patrol agent Brian Terry's murder last year.

"The FBI has made clear that reports of a third gun recovered from the perpetrators at the scene of Agent Terry's murder are false," the department said in a statement Monday.

This comes one day after Rep. Darrell Issa, R-Calif, chairman of the House Oversight and Government Reform Committee, appeared on a Sunday morning news show and noted that a now-public FBI ballistics report labeled two guns tied to "Fast and Furious" as "K2" and "K3," but "there's no 'Ticket 1.'"

"One weapon has a '2,' one has a '3,' on it. There's no '1,'" Issa said on CBS. "When agents who were at Brian Terry's funeral made statements to his mother indicating that there were three weapons, when the two weapons that they have tested don't conclusively match up [to the bullet that killed Terry], then you look and say, 'Well, was there a third weapon at the scene?'"

Asked why the FBI would make such a move, Issa said the agency "has a history in some cases of working with felons and criminals and hiding their other crimes in order to keep an investigation going."

In its statement late Monday, the Justice Department offered its first public explanation of "K1."

"According to the FBI, the item that Chairman Issa refers to as 'K1' is a blood sample from Agent Terry, not a firearm," the statement said. "For this reason, it was not listed on the ballistics report prepared by the FBI."

The Justice Department said law enforcement officials refer to some items seized at scenes as "known" items -- or "Ks" for shorthand.

"Unfortunately, this most recent false accusation not only maligns the dedicated agents investigating the murder of Agent Terry, it mischaracterizes evidence in an ongoing case," the Justice Department said in its statement Monday night.

Rep. Elijah Cummings of Maryland, the ranking Democrat on Issa's committee, also criticized Issa for fueling what he called "baseless speculation" about tampered evidence.

"It is unbelievably reckless for Chairman Issa to go on national television and repeat these baseless accusations, which attack the integrity and credibility of entire law enforcement agencies and undermine the prosecution of those responsible for Agent Terry's death," Cummings said.

But an Issa spokesman said the Justice Department is playing “word gamesâ€