In testimony in front of Congress on May 3, 2011, Holder insisted he’d only heard of Operation Fast and Furious “a few weeks” before he testified; a story he later change to “a few months.” These emails strongly suggest that Holder was aware of Operation Fast and Furious within 48 hours of Brian Terry’s death, if he did not know already about the operation well before then from the memos he began receiving in July of 2010, six months before the firefight that ended Agent Terry’s life.
Holder’s expected appearance before the House Oversight Committee on Thursday, February 2, is further complicated by the actions of Patrick Cunningham, the chief of the Phoenix office’s criminal division within the U.S. Attorney’s Office in Arizona. Cunningham invoked his Fifth Amendment rights in an effort to avoid testifying in front of the Oversight Committee — you can only invoke the Fifth to avoid self-incrimination. The invocation makes it even less plausible for Holder to claim that DOJ was acting lawfully with the Operation. Cunningham resigned from the U.S. Attorney’s Office on Friday, January 27.The question is starting to become what will happen first: Holder resigns as a result of the Fast and Furious scandal or the "mainstream" media actually starts covering the Fast and Furious scandal?