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Ex-US attorney faulted in arms-trafficking scheme

Justice report says he retaliated against agent

WASHINGTON — The US attorney in Arizona violated Justice Department policy by providing Fox News with information apparently aimed at undercutting the credibility of a federal agent who helped reveal a botched inquiry into an arms trafficking scheme, the Justice Department’s inspector general said Monday.

There was substantial evidence in the 2011 incident that former US attorney Dennis Burke’s motive for disclosing a memo by federal agent John Dodson was retaliation, the inspector general’s report said.

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In testimony to a House committee just two weeks earlier, Dodson had raised serious concerns about the investigation into the trafficking, known as Operation Fast and Furious.

In Dodson’s memo, which was eventually leaked, he proposed a tactic similar to the one being used at the time in Operation Fast and Furious. Dodson proposed acting in an undercover capacity to deliver firearms to a suspected firearms trafficker, but taking no enforcement action upon delivering the firearms.

Dodson later told investigators he and other ATF agents had proposed the transaction in hopes that it would shock their superiors into realizing what they were doing in Operation Fast and Furious.

Instead, a superior approved Dodson’s proposal and Dodson sold six firearms to the suspect. Dodson later told investigators he regretted delivering the firearms.

The operation used a tactic called gun-walking in an attempt to follow illicit gun buyers to major arms traffickers and dismantle the gun rings supplying weapons to drug cartels in Mexico. The tracking effort was largely unsuccessful and hundreds of weapons wound up at crime scenes in the United States and Mexico. Two of the weapons were found at the site of the slaying of US border agent Brian Terry.

After Terry’s death, Dodson and several other agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives described the gun-walking tactic to US Senator Chuck Grassley, an Iowa Republican, and to the House Oversight and Government Reform Committee.

The report noted that in a separate incident, Burke had told the deputy attorney general that he himself had improperly disclosed information to The New York Times about a criminal suspect in Operation Fast and Furious.

According to the inspector general, Burke knew at the time of his disclosure of the Dodson memorandum that he was under investigation by the Office of Professional Responsibility for that earlier leak. The inspector general’s office is referring its report to the responsibility office to determine whether Burke’s conduct violated rules in the states where he is licensed to practice law.

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