Some Fast & Furious documents relating to Terry murder could be released

The Washington Times is reporting that some of the documents relating to the slaying of Border Patrol agent Brian Terry – the event that ignited the Fast and Furious scandal – may soon be unsealed, provided the court agrees.

It would be the first opportunity for public access to at least some of the facts uncovered during the investigation into Terry’s death in a southern Arizona canyon gunfight that involved at least five armed gunmen in December 2010. If the documents do become public in time for review before Attorney General Eric Holder testifies before the House Committee on Oversight and Government Reform on Feb. 2, it could open up a new line of questioning.

Two guns linked to the Fast and Furious investigation were recovered at the Terry murder scene. One suspect, Manuel Osorio-Arellanes has been charged in connection with the murder. He was shot and wounded, and arrested at the scene.

Federal prosecutors have indicated in court documents they have no objection to releasing some of the information, but not any that pertains to any suspects that may have been charged but not yet arrested and taken into custody. This column has obtained copies of the court documents relating to the request.

On Wednesday, prosecutors said that although unsealing the entire case would reveal the identity of those charged in the shooting but not yet apprehended, they were willing to unseal the remaining documents.

Five illegal immigrants armed with at least two AK-47 semiautomatic assault rifles purchased during the Fast and Furious operation were hunting for Border Patrol agents near a desert watering hole known as Mesquite Seep just north of the Arizona-Mexico border when a firefight erupted and Terry was killed.—Washington Times

Several news agencies in Arizona petitioned the court last year for access to the documents, arguing the public has a right to the information. Senator Charles Grassley told the Washington Times that it is typical for investigators to seal files while criminal suspects are still on the loose. However, he also asserted that the Department of Justice should “make every effort to release more information than they normally would.”

“More transparency is especially needed when there are credible questions about whether Operation Fast and Furious contributed to the death of a federal agent.”—Sen. Charles Grassley

The government notes in its response that it “does not oppose unsealing the docket sheet so long as the docket contains no reference to the identity or other identifying information of any charged defendant who has not yet appeared (in court).” Further, the government says that “certain pleadings should remain under seal.”

Also, prosecutors say that all charging documents and arrest warrants relating to defendants who have not yet appeared should also remain sealed.

Perhaps more importantly, the government does not want any information released that might identify or reveal the possible location of any charged defendant who is not in custody.

There was no indication when the court might rule and allow the requested documents to be released.

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