DoJ figure taking the 5th in Fast & Furious probe

It’s every citizen’s right to take the Fifth Amendment in court and Congressional hearings when testifying.  When the sitting chief of a criminal investigation division for a US Attorney’s office does it, though, it certainly calls into question what in blazes the Department of Justice has been doing, especially with Operation Fast and Furious:

The chief of the Criminal Division of the U.S. Attorney’s Office in Arizona is refusing to testify before Congress regarding Operation Fast and Furious, the federal gun-running scandal that sent U.S. weapons to Mexico.

Patrick J. Cunningham informed the House Oversight Committee late Thursday through his attorney that he will use the Fifth Amendment protection.

Cunningham was ordered Wednesday to appear before Chairman Darrell Issa and the House Oversight Committee regarding his role in the operation that sent more than 2,000 guns to the Sinaloa Cartel. Guns from the failed operation were found at the murder scene of Border Agent Brian Terry.

The letter from Cunningham’s Washington DC attorney stunned congressional staff. Last week, Cunningham, the second highest ranking U.S. Attorney in Arizona, was scheduled to appear before Issa‘s committee voluntarily. Then, he declined and Issa issued a subpoena.

Cunningham is represented by Tobin Romero of Williams and Connolly who is a specialist in white collar crime. In the letter, he suggests witnesses from the Department of Justice in Washington, who have spoken in support of Attorney General Eric Holder, are wrong or lying.

Rep. Darrell Issa, chair of the House Oversight and Government Reform committee, issued a statement few minutes ago calling this move “extremely rare” and “an indictment” in itself of the DoJ’s integrity.  Issa also points out that the scope of the strategy that Cunningham will employ will leave him answering no questions except his name and title:

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