Slain Border Patrol agent's family: Trump should unseal Fast and Furious records

More than six years after U.S. Border Patrol Agent Brian Terry was murdered with a firearm from an Arizona gun-running scandal, members of his family are asking President Donald Trump to release records that were sealed by the Obama administration.

In testimony Wednesday before the House Committee on Oversight and Government Reform, Robert Heyer, a cousin who oversees the Brian Terry Foundation, said it is "time for the dirty little secrets of Fast and Furious to be exposed."

"We urge the Trump administration and the Department of Justice to revisit the claim of executive privilege," Heyer added in his written statement. "The American public deserves to see the documents previously sealed by executive order, and for those documents to be turned over to congressional investigators."

Heyer's testimony came as the committee released a new report — based on previously sealed records — that describes an orchestrated effort by former President Barack Obama's Justice Department to conceal any link between Terry's death and the botched firearms case. 

Although many key documents are still missing, the report says, new records show Justice Department administrators sought to cover up the Fast and Furious scandal while viewing Terry's family members as a "public relations nuisance" rather than victims.

Heyer and Josephine Terry, the slain agent's mother, were among several who testified before the House panel. Afterward, Heyer said he's been frustrated that the Justice Department and White House under Trump still have not released all records from Fast and Furious.

"He made promises to the family during the campaign to ensure that all the families' inquiries are answered," Heyer said of the president. "It's disappointing we have a new attorney general and yet the bureaucracy of the Department of Justice continues to limit information ... Make those documents available."

Terry, a member of a special Border Patrol unit, was slain in a December 2010 shootout near Rio Rico after his unit confronted a so-called "rip crew" — criminals who rob smugglers and immigrants as they cross the border. The AK-47 type weapon used to kill Terry was later traced to a Fast and Furious purchase from an Arizona shop that was monitored by federal agents.

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Under Operation Fast and Furious, the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed criminals to buy weapons and smuggle them into Mexico, hoping to track the guns to cartel leaders. No drug lords were prosecuted. An estimated 2,000 firearms went to syndicates, and in several cases were linked to homicides.

After Terry was shot, whistleblowers exposed Fast and Furious as a fundamentally flawed sting operation. Investigations by Congress, the media and others revealed a cover-up within the Justice Department, leading to the resignation of Dennis Burke as U.S. attorney for Arizona. 

The White House under Obama attempted to withhold thousands of records from House and Senate committees, claiming executive privilege. Eric Holder was held in contempt of Congress — the first attorney general to be so charged. House Republicans filed suit and eventually won a court order to get many documents.

The new oversight committee report describes a "highly politicized climate at Main Justice (that) focused more on spin and obfuscation than getting the facts right or being transparent." It says Holder was "significantly more involved" in that effort than previously disclosed, and exhibited "a disdain for the congressional oversight function."

Sen. Chuck Grassley, R-Iowa, who spearheaded the early Fast and Furious probe as chairman of the Judiciary Committee, also testified in Wednesday's hearing. He called for new rules or legislation to prevent the executive branch from using "phony privilege claims and delay tactics." He stressed that the Terry family still needs a full accounting.

Although Grassley's criticism targeted a past Democratic administration, his call for stronger congressional authority could implicate Trump's Republican White House, which is undergoing scrutiny in connection with purported Russian influence and other issues.

"I urge you to take off your partisan hats for a moment," Grassley told colleagues. "Imagine if the shoe were on the other foot. This case has broad implications for the ability of the elected representatives of the American people to do our constitutional duty to act as a check on the executive branch."