Pleading the Fifth: Gunwalker Witness Refuses to Testify

Patrick J. Cunningham, chief of the Criminal Division of the U.S. Attorney’s Office in Arizona, is invoking his Fifth Amendment rights and declining to testify about Operation Fast and Furious in front of the House Committee on Oversight and Government Reform.

Cunningham’s attorney Tobin Romero suggests his client is being scapegoated:

Romero claims Cunningham did nothing wrong and acted in good faith, but the Department of Justice in Washington is making him the fall guy, claiming he failed to accurately provide the Oversight Committee with information on the execution of Fast and Furious.

Attorney General Eric Holder’s defense seems to hinge upon the theory that he’s a detached boss more interested in pursuing heavily politicized racial justice schemes than enforcing the law or knowing what his direct reports are engaged in. One has to wonder about how serious the criminal crimes are that the attorney general is attempting to avoid by claiming gross incompetence.

It will be interesting to see if an immunity arrangement can be worked out for Mr. Cunningham so that he can share what he knows about Operation Fast and Furious.