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“Although ATF was aware of these facts, no one was arrested, and ATF failed to even approach the straw purchasers. Upon learning these details through its review of this wiretap affidavit, senior Justice Department officials had a duty to stop this operation. Further, failure to do so was a violation of Justice Department policy,” the letter says.
Holder declined to discuss the contents of the applications at a House Judiciary Committee hearing June 7 but said the applications were narrowly reviewed for whether there was probable cause to obtain a wiretap application.
Thousands of wiretap applications are reviewed each year by the DOJ’s criminal division. The applications are designed to obtain approval, so they tend to focus on the most suspicious information available.
A line attorney first creates a summary of the application, which is then usually reviewed by a deputy to Lanny Breuer, the head of the division, on his behalf. It is then reviewed and approved or denied by a judge.
Cummings has sided with the DOJ in the debate over the secret applications, but the full substance of his argument is unknown.
A June 5 letter from Cummings responding to Issa’s May 24 letter said Issa “omits the critical fact that [redacted].” The entire first section of the letter’s body is likewise blacked out.
"Sadly, it looks like Mr. Issa is continuing his string of desperate and unsubstantiated claims, while hiding key information from the very same documents," a Democratic committee staffer said. "His actions demonstrate a lack of concern for the facts, as well as a reckless disregard for our nation’s courts and federal prosecutors who are trying to bring criminals to justice. We’re not going to stoop to his level. Obviously, we are going to honor the court’s seal and the prosecutors’ requests. But if Mr. Issa won’t tell you what he is hiding from the wiretaps, you should ask him why."