The earthquake irony of ‘Taking the Fifth’ in Fast & Furious

Northwest gun rights activists are already talking about the revelation that Patrick Cunningham, chief of the criminal division of the U.S. Attorney’s office in Phoenix, will invoke his Fifth Amendment right against self-incrimination during a deposition scheduled Tuesday with Congressional investigators.

There is no small mount of irony in this, since one suspects there may have been times in Mr. Cunningham’s career when, as a federal prosecutor, he suggested to a defendant that “If you have nothing to hide…” and so forth.

The other night, Texas Rep. Blake Farenthold, a member of the House Committee on Oversight and Government Reform, appeared as a guest on Fox News’ Lou Dobbs program. He was not sympathetic to Cunningham’s situation.

“It’s an absolutely stunning revelation. This man is a government employee being asked to testify before his bosses, the hard-working American taxpayers.”—Congressman Blake Farenthold

The Texan was even more blunt when he added this:

“You take the Fifth when you are about to be charged with a crime or are potentially guilty of a crime.”—Congressman Blake Farenthold

Again, one must ponder whether Cunningham or any of his subordinates ever made the same observation when pressing charges against an accused citizen.

As this column reported, Cunningham’s announcement marks the first time in the year-long investigation of Operation Fast and Furious that someone has invoked the Fifth Amendment right to remain silent. Many believe it was due to happen sooner or later. That group might include Farenthold, who told Dobbs:

“I think the Justice Department is stonewalling. I think you’ve got some issues that go very high up in the organization and nobody wants to get their boss in trouble. .”—Congressman Blake Farenthold

If it is accurate that the only thing Cunningham plans to tell House committee investigators Tuesday is his name and position at the Justice Department, it could be one of the shortest depositions on record. Those following the Fast and Furious scandal might suggest that his silence will speak volumes.

“The Fifth Amendment; you take it when you are being accused of a crime. It doesn’t relieve you of the obligation of reporting to your bosses, who are the American taxpayers.”—Congressman Blake Farenthold

It is fair to question why Cunningham believes he may self-incriminate by answering questions, or what he may know that could be subsequently used against him in a court of law. Others have come forward from the beginning; people whose careers have been damaged because they blew the whistle.

In less than two weeks, Attorney General Eric Holder is scheduled to testify before the House Oversight Committee, chaired by California Congressman Darrell Issa. It would not be unfair to speculate just what it is that Cunningham will not discuss that might have steered questions to Holder by Issa, Farenthold and their colleagues.

What appears to be on Farenthold’s mind, as well as many others, is the lesson learned from Watergate almost 40 years ago.

“The truth always bubbles up in these issues and these facts, and it just takes a while to get there sometimes. I’m frustrated with how long it is taking to get there, but again, you’ve got a cover-up and everyone knows in Washington it’s the cover-up that gets you.”—Congressman Blake Farenthold

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