>> guest: to get brian terry killed? >> host: yes. >> guest: oh, absolutely not, i'm not saying that -- >> host: could it -- is your -- the investigation and the documents you've seen, is it raising questions in your mind about a cover up or about wrong intentions? >> guest: i would say both. i call fast and furious a scandal with many scandals in the scandal. in terms of, you know, answering your previous question, i don't think this was set up intentionally to get one of our border patrol agents killed, but looking at the data no matter who you talk to, if it's a local police officer, law enforcement at the state level, law enforcement at the federal level, they will all tell you you do not give guns to criminals because they kill people with them. they knew going into this that they were -- who they were giving guns to, these mexican cartels, who they claimed were very ruthless, and there was a lot of problems down in mexico with all the deaths and murders. they knew that people were going to get killed. when you give

and then brian terry was hit and he was killed. they're lucky that not more were killed that night. >> host: has the family seen his body? >> guest: they have, yes. he went home the next day. the hattie's funeral and they did see his body. >> host: okay. how would you describe the level of satisfaction or dissatisfaction of the brian terry family of what they've been told or haven't been told? >> guest: they are very unsatisfied and they should be. his father has found out most of the -- had to find out most of the information about her son's death through the very few media outlets for actually covering this. former u.s. attorney dennis burke, who mentioned earlier, flew to michigan to meet the family and give the runaround. they didn't give any details. they've been denied, dennis burke once again denied victims' status in this case where they would have a claim against the government for coming you know, hurting men in the fact they allow the sanction of the sales that got them killed. so, they really have no answers. josephine

literally a year before brian terry was killed. they were surveilling him, watching him buy hundreds of weapons for a year, and instead of arresting him throughout that period of a year before he could continually buy more weapons and transfer them to cartels they arrested him on december 15, 2010, the day brian terry was killed because they were panicking and had to say we need something to show why we implemented this program, because right now, we have nothing. and so instead of taking down the big fish, as they claimed they were going to do they instead arrested these mall level, low level straw purchasers who they'd been surveilling for a year, who they could have arrest immediately once they saw them make one or two sales. >> host: that arrest occurred after the killing? >> guest: the day of. within hours he was arrested. within hours he was arrested. >> host: what has come of that case? >> guest: he has been charged with lying on a form, and i believe he is serving time in prison now, but nothing to the extent of taking down

why was officer brian terry killed? we are entering this story and insisting upon hearing the part of the story that began with a democratic administration as if there was no beginning to the story. no matter what you are saying about what this attorney general has done, the fact is we have no information and we have been allowed to question none of those who were responsible for beginning this story. i want to make sure no one begins this story again, not just holding accountable the people who inherited the story, but people who have stopped the guns, but the people who started it. and we are hearing -- and so when the welch amendment is voted down, or perhaps the maloney amendment is voted down, you are simply saying once again, as far as we're concerned, a partial story is enough. when it comes to finding out buy officer brian terry was killed, the only way the public is going to take us seriously, is if we look at the whole story, not because we want to blame the bush administration, everybody made a mistake here.

border patrol agent brian terry speaking out after the white house made an 11th hour move. terry was shot dead while on duty near the arizona border. two of the weapons found at the scene believed to be from "operation fast & furious." >> reporter: josephine terry is no fan of attorney general eric holder. she issued scathing comments about him in the past calling him a joke and a coward. this is the first time she has spoken out since the impending vote about contempt. terri' mother speak out to a radio station in philadelphia. she she is reacting to the president invoking executive privilege. >> all i can say is they apparently don't want issa to get the documents to see what else is in there. >> reporter: the terry family says the most excusating part of this process is not knowing how those guns ended up in the hands of their son's killers. here she is talking about her son the patriot. >> he loved his country and that's all he used to talk about when he was a kid. he wanted to be a policeman. he became a policeman an wanted to achieve something else. and his cousin is a

brian terry was murdered. hundreds of people have been murdered in mexico with guns that went across the border. the justice department said in february of 2011, they had no knowledge about this. 10 months later, they admitted they lied. now, they said they didn't know and then they said they said they did. i don't know what you call that but to me it's a lie. then chairman issa tried again and again to get information so we could get to the bottom of this like the 32 democrats wanted and they refused. he sent subpoenas. they refused. they hid behind this being an ongoing investigation and they couldn't give those dumonts. -- documents. we got a fraction of the documents that should have been given to us. but they wouldn't do that. issa met with the attorney general's people to try to come to some conclusion, some kind of resolution of this. so we wouldn't have to move the contempt citation. nothing. absolutely nothing. and then finally, at the 11th hour, when we knew that we were going to have to move with th

happened with regard to the guns that are at issue there. >> i certainly regret what happened to agent brian terry. i can only imagine the pain that his family has had to deal with, in particular his mother. i'm the father of three children myself. we are not programmed to bury our kids. >> mr. terry, your reaction to that? >> i don't think my son should have went before me, you know. it's very hard. >> josephine? >> to me i was just flabbergasted because i think that all of this was useless. it should have never happened. >> what do you think -- i understand there was a moment when the attorney general was confronted on whether or not he had contacted you, both of you, about the less of your son, guns provided by our government, and before you even got the apology, i understand it, it was leaked to the press. he was kind of embarrassed in that congressional hearing because nobody, as i understood it, up to that point had contacted you? is that true. >> that's true. >> it's true. >> so how did you find out about the attorney general finally apologized after congress kind of embarrassed them into i

may 7th, 2010, before brian terry was gunned down. may 17th, 2010, before brian terry was gunned down. june 2nd, 2010, before brian terry was gunned down. july 2nd, the real date of our independence, 2010, obviously, earlier, before brian terry was gunned down. these wiretap applications which we did not subpoena but which were given to us by a furious group of whistleblowers that are tired of your stonewalling indicate that a number of key individuals in your administration, in fact, were responsible for infrastructure contained in here that clearly shows that the tactics of fast and furious were known. they were known and are contained in these wiretaps. i understand you've read these wiretaps since we brought them to your attention. is that correct? >> i have read them and i disagree with the conclusion you just reached. >> so let me go through a very simple line of questioning if i may, mr. attorney general. james cole, deputy attorney general, has written that the department has a greater obligation than just checking the legal s

before brian terry was gunned down, april 19, 2010, before brian terry was gunned down. may 7, 2010, before brian terry was gunned down. may 17, 2010, before brian terry was gunned down. june 2, 2010, before brian terry was gunned down. july 2, the real date of our independence before brian terry was gunned down. these were applications that we did not subpoena but were given to us by a furious group of whistle blowers that were tired of your stone walling indicate that a number of key individuals, in fact, were responsible for information contained in here that clearly shows that the tactics were known. they were known and contained in these wiretaps. i understand you have read these wiretaps since we brought them to your attention. is that correct? >> i have read them and i disagree with the conclusion that you have just reached. >> james cole has written that the department has a greater obligation than just checking the legal sufficiency and approving the wiretap applications. is that correct? >> applications have to agree with doj policy? >> that's what he said. >>

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: this is brian terry's hometown.tide not pull any punches, accusing the president and the attorney general abusing executive privilege to hide their own culpability. either you believe the administration that admits that fast and furious illegally funneled guns to mexico. but they say those tactics were only known and approved in phoenix and the document do not show a coverup, the foreknowledge that existed in d.c. of gun walking. or you believe the republicans who say the paper trail already shows the top d.o.j. officials knew and approved of those tactics and it could show that fast and furious was meant to establish a link between the american gun stores and the carnage in mexico to justify tougher gun restrictions. now they are using executive privilege to hide those facts. >> i think he's using it because he's got something to hide. he's a lawyer. and i think he's lie together american people. >> when said i did not know nor did my attorney general authorize this program, do you think that's untrue? >> yes, i do

brian terry was murdered. hundreds of people have been murdered in mexico with guns that went across the border. the justice department said in february of 2011, they had no knowledge about this. 10 months later, they admitted they lied. now, they said they didn't know and then they said they said they did. i don't know what you call that but to me it's a lie. then chairman issa tried again and again to get information so we could get to the bottom of this like the 32 democrats wanted and they refused. he sent subpoenas. they refused. they hid behind this being an ongoing investigation and they couldn't give those dumonts. -- documents. we got a fraction of the documents that should have been given to us. but they wouldn't do that. issa met with the attorney general's people to try to come to some conclusion, some kind of resolution of this. so we wouldn't have to move the contempt citation. nothing. absolutely nothing. and then finally, at the 11th hour, when we knew that we were going to have to move with th

who are you going to hold accountable for death of brian terry as well as hundreds of mexicans? we owe this answer to the american people. that is what this committee is charged to do. the terry family sat in this very room and we pledged to them that we would hold someone accountable for the death of their son, their brother, their cousin. that is what this committee is charged to do and that is what we have a responsibility to do. throughout this investigation, the attorney general's actions have been reprehensible. he's been callous toward the victim's family and the accurate information he's provided to congress and he's not taken responsibility for his role. he's dodged difficult questions, if he wanted to provide the documents he would have done so already and we have given him time and he has failed to do it. in addition to the attorney general stonewalling this committee we now have the president threatening to revoke the executive privilege. leaders must lead. they must take responsibility for the good and the bad. and that is what this committee is seeking to find. who

2,000 weapons crosses the mexican border that cost lives on both sides of the border including brian terrys. a year and a half later, the terry family is still searching for answers. the operation contributed to the deaths of countless mexican citizens. it has soured our relationship with our neighbor to the south. it created an ongoing safety problem here in the united states in which even the attorney general has admitted more lives could be lost. the department of justice has fought this committee's investigation every step of the way, starting with an unequivocal denial that it used the reckless tactics we now know were used in fast and furious. the denial proved to be false and ultimately the justice department withdrew it. they withdrew it in december, having giving today's contempt is in no small part because the materials between the time a false statement was given to us in writing and later affirmed in sworn testimony by the justice department's representative, an officer of the court, a lawyer and now the dean of the law school was ultimately false, that intervening period remain

brian terry. there is a question about whether there was a cover-up at the justice department of this operation, in which the doj was involved to some extent. house lawmakers voting to hold attorney general eric holder in contempt of congress yesterday. the first sitting cabinet member found in contempt for refusing to hand over thousands of documents. documents that have been subpoenaed. seventeen democrats crossed party lines, voting in favor of the move. a large group of democratic lawmakers chose to walk out in the middle of the vote. calling the contempt citation and political witchhunt. jason gigot is a member of the house oversight committee that has been pursuing these subpoenas. carson, i'll come back. would you make of the democrats getting up and walking out yesterday? >> they complained about silly political stunts, that is what i saw as. you are instructed to go to congress to make hard difficult votes. i thought it was silly and nonproductive. megyn: you know what happened as well wh

i am freightened to think what would be going on today had agent brian terry not been murdered. would we even know about fast and furious or wide receiver? that is the seminole question that we should be asking ourselves. how things can go on in any department in this government of the nature that fast and furious and wide receiver were. as outrageous as that was and not have it known at the highest levels of government. and i associate myself with the comments by mr. quigley. for all the chest pounding going on in this room today, gun walking is going on right now. we are continuing to aid and abet the cartels in mexico because we don't have the guts to do anything about the loopholes that exist in terms of gun ownership. no one needs an aka

our legal panel will be here. >> could the family of murdered border agent brian terry help get answers in the fast and furious operation. his cousin. >> brian did ultimately come home from christmas, we buried him not far from the house that he was raised in just prior to christmas day. [ gans ] [ marge ] psst. constipated? phillipscaplets use magnesiu an ingredient that rks more naturally with your colon than stulant laxatives, phillipscaplets use magnesiu for effective relie of constation without cramps. thanks. good morning, students. today we're gonna continue... with two times the points on dining in restaurants, you may find yourself asking why not, a lot. chase sapphire preferred. >> new questions about whether the family of a murdered border patrol agent can accomplish what congress has not been able to so far and that's getting the obama administration and the justice department to release thousands of more documents in the investigation into the fast and furious operation. brian terry's family takes the center stage during a white house briefing with reporters this week. take

for the family of murdered patrol agent brian terry. the contempt vote against attorney general eric holder was personal. brian was killed in southern arizona when he and his team got into a gun fight with a crew of armed illegal immigrants. two of the guns recovered from the crime scene were ak 47 rifles that had been lost during the botched fast and furious gun walking operation and brian terry was just 40 years old. attorney general eric holder invoked brian's name today while criticizing house republicans. >> instead of trying to correct the problems that led to a series of flawed law enforcement operations, and instead of helping us find ways to better protect the brave law enforcement agents like agent brian terry, who keep us safe, they have led us to this unnecessary and unwarranted outcome. >> joining me now from san diego, brian's cousin bob hare and from detroit brian's mother josephine terry. mrs. terry, first to you, your reaction? eric holder obviously mentioned brian, said he was, you know, bravely trying to defend this co

plus, border patrol agent brian terry lost his life because of terry lost his life because of the botchednd furious y irregular heartbeat put me at 5 times greater risk of a stroke, my first thoughts were about my wife, and my family. i have the most common type of atrial fibrillation,r afib. it's not caused by a heart valve problem. i was taking warfarin, but my doctor put me on pradaxa instead to reduce my risk of stroke. in a clinical trial, pradaxa® (dabigatran etexilate mesylate) reduced stroke risk 35% better than warfarin. and unlike warfarin, with pradaxa, there's no need for regular blood tests. that's really important to me. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding and seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have a bleeding condition like stomach ulcers, or take aspirin, nsaids, or blood thinners, or if you have kidney problems, especially if you take tell your doctor about all dicines you take, any planned medi

this is a situation where 200 people died and one was a border are patrol agent brian terry and theyt done anything but stone wall. >> sean: the president denied approving this. the question is who approved selling guns to drug cartels, kidnappers, drug runners and criminals. >> they act completely ignore rant. they are are trying to blame the bush administration. now, you have the president with the total abuse of his authority. >> sean: but it happened on their watch. >> and they have a loose relationship with the truth. they could have avoided this because also they should have turned over the privilege logs to say this is why it is a matter of national security and should be protected. they wouldn't even do that so there was no choice for the congressional committee members to go ahead and find him in contempt because he is the head justice official in the country and he refused to be transparent and turn over document. >> sean: a short clip here. this is president obama accus accusing the bush administration of hiding behind executive privilege. >> there has been a tendency on t

brian terry is dead. he's dead with weapons that were allowed to walk by our government and in fact, then false statements were made about letting guns walk. holding the people responsible for brian terry's death within the justice department is critical to the family and to me. holding responsible for false statements made to congress that the american people relied on for eight months is also important. those are the areas that we need to resolve. i know you all realize that if it was your loved one who was gunned down in the streets or in the country in tucson, arizona area, you would be equally upset. so i think getting answers to these questions in which a real law enforcement agent was killed with real guns is at least fairly unique, in my career. okay. last, please. >> do you think that ultimately whatever the attorney general decides to do, the president is responsible for whatever the attorney general decides to do? >> we're not looking to hold people responsible. we're looking for document produ

we are now hearing from the family of murdered agent brian terry.gyn kelly. the department of justice gun running sting may have led dangerous guns slip into the hands of drug cartels. on the evening of december 14th 2010 u.s. border patrol agent brian terry and other -ts were controlling a canyon in arizona, eleven miles from the mexican border. the group came across five suspected illegal immigrants when they fired nonlethal beanbag guns. they responded with their own weapons leading to a firefight. agent terry was killed. his family has than desperately waiting for the truth to come out. when they heard that the president may have put the truth of what happened beyond the reach of congress b

and we hear so many comments about brian terry. and i want to make something really clear here and something that is real painful to me and there's an implication that maybe the people on this side don't care about that family. and that we don't care about the evidence, we do we want to get to the bottom of this too. we made the same commitments. as a matter of fact when the terry family came before this committee, it was right after my nephew was slain and i made a commitment to them that i would do everything in my power to make sure we found out who did a

but again, you didn't find out about those tactics until six weeks, two months after the death of brian terry, is that correct? >> some time in february. i think agent terry was killed december 10th or 14th of december. >> when was anyone in the white house first informed about the tactics that were used under operation fast and furious? >> i don't know. >> did you yourself not inform anyone in the white house about operation fast and furious? >> i'm sure there was contact between staff and the justice department probably and the appropriate people in the white house about fast and furious. i don't remember myself ever sharing that information. >> how would anyone in the white house have learned about it? and who would've learned about it? under the normal chain of command? how would the white house have learned about operation fast and furious if not from you? >> well, through my staff and the interactions that we have with the white house -- >> okay. when did your staff inform the white house about operation fast and furious? >> i don't know. >> were you ever curious about that? >> well, my

brian terry was murdered. hundreds of people have been murdered in mexico with guns that went across the border. the justice department said in february of 2011, they had no knowledge about this. 10 months later, they admitted they lied. now, they said they didn't know and then they said they said they did. i don't know what you call that but to me it's a lie. then chairman issa tried again and again to get information so we could get to the bottom of this like the 32 democrats wanted and they refused. he sent subpoenas. they refused. they hid behind this being an ongoing investigation and they couldn't give those dumonts. -- documents. we got a fraction of the documents that should have been given to us. but they wouldn't do that. issa met with the attorney general's people to try to come to some conclusion, some kind of resolution of this. so we uldn't have to move the contempt citation. nothing. absolutely nothing. and then finally, at the 11th hour, when we knew that we we going to have to move with the co

that wrongdoing cost lives on both sides of the border including the life of brian terry. a year and a half later, the terry family is still searching for answers. the operation contributed to the death of countless mexican citizens. it has soured our relationship with our neighbor to the south. it's created an ongoing safety problem here in the united states in which even the attorney general has admitted more lives could be lost. the department of justice has fought this committee every step of the way, starting with an unequivocal denial that it used the reckless tactics we now know were used in fast and furious. the denial proved to be false and ultimately the justice department withdrew it. they withdrew it in december having given it to us in february. today's contempt is in no small part because the materials between the time a false statement was given to us in writing and later affirmed in sworn testimony by the justice department's representative, an officer of the court, a lawyer, and now the dean of a law school, was ultimately false, that intervening period rem

you didn't find out about those tactics until, say, six weeks or two months after the death of brian terry. is that correct? >> sometime in february. i think agent terry was killed december 10th or 14th i believe of december. >> when was anyone in the white house first informed about the tactics used under "operation fast and furious"? >> i don't know. >> all right. did you yourself not inform anyone in the white house about "operation fast and furious"? >> i'm sure there was -- there was contact between staff and the justice department, probably and the appropriate people in the white house about "fast and furious." i don't remember myself ever sharing that information with -- >> how would anyone in the white house have learned about it, and who would have learned tab? under the norm's chain of command? >> i'm sorry? >> how would the white house have learned about "operation fast and furious" if not from you? >> well, through my staff and the interactions we have with the white house counsel. >> so when did your staff inform the white house about "operation fast and furious "? >> i don't

another big part is the family of brian terry, will they ever get answers to this?to that after a quick break. jenna: welcome back, everyone. taking you back down to d.c. where the committee hear something still taking place and we're waiting to see if that contempt vote of eric holder will come up. amongst this committee there you see, i believe congressman welch on your screen. everyone's had the opportunity to sound off today about this vote potentially for contempt. we're continuing to monitor that committee. and we'll bring you updates as we get them. meantime also down in d.c. we find our bret baier, anchor of "special report". bret, i would like to broaden out the conversation in anticipation of what we might hear over the next several hours of coverage and next several days of this story. our very own judge napolitano, charles krauthamer brought up this is constitutionally significant. we could see a real challenge to the constitution. even a constitutional crisis. what do we mean when we hear that? what should we know and are we really at this point with th