COMMENTARY | The chairman of the House Judiciary Committee, Rep. Lamar Smith, R-Texas, has requested that President Barack Obama appoint a special counsel to determine whether Attorney General Eric Holder perjured himself in testimony concerning “Fast and Furious.”
“Fast and Furious” refers to a now-controversial program conducted by the Bureau of Alcohol, Tobacco, and Firearms that allowed private gun dealers in the United States to sell weapons to members of the Mexican drug cartels. The idea was the guns would be tracked to the people buying them, who would be identified and arrested. But the ATF lost track of the weapons, which were subsequently involved in a number of murders, including one of a Border Patrol agent.
According to Fox News, the testimony in question took place May 3, in which Holder testified that, “I’m not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks.” However, a memo has been released that suggests Holder was informed of “Fast and Furious” and its nature far earlier than a few weeks before May 3.
The Justice Department claims Holder does not read all of the memos he is sent, thus making it possible that he had not read the memo in question. However, other documents suggest the attorney general received weekly briefings on Fast and the Furious at the National Drug Intelligence Center starting more than a year ago.
One thing that Obama does not need as he faces a tough reelection fight is a special counsel investigating one of the members of his cabinet. Such an investigation has the potential to blight the rest of the president’s term in office, much as Ken Starr did for President Clinton and Lawrence Walsh did for President Reagan.
A special counsel usually has an unlimited mandate to follow the evidence wherever it leads, subpoena witnesses, and indict suspects. The special counsel would operate much like a U.S. attorney, being technically part of the Justice Department but not reporting to the attorney general whom he or she would investigate.
Obama might, were he in the mood to stonewall, try delaying tactics to buy enough time until the end of 2012. If Obama is defeated for reelection, Holder is gone anyway. If Obama wins, then Holder, as many cabinet members have in the past, could resign quietly, allowing the newly reelected president to choose a less controversial replacement.
On the other hand, if Obama were to not be responsive to Chairman Smith’s request, he would open himself to the charge of a coverup. Considering the explosive nature of “Fast and Furious,” which featured the facilitating of gun sales to drug criminals, that may be something the president would want to avoid.
In this matter, Obama does not have any good options.
Sources: Issa: DOJ Covering Up on Mexican Gun-Running Scandal, Fred Lucas, CNS News, June 17, 2011
“Fast And Furious” Just Might Be President Obama’s Watergate, Frank Miniter, Forbes, Sept 28, 2011
House Republicans Request Special Counsel to Probe Holder on ‘Fast and Furious’, Fox News, Oct 4, 2011
User’s Manual: How a ‘Special Counsel’ Would Work in ‘Fast and Furious’ Probe, Fox News, Oct 4, 2011