She just now got around to responding with a form letter.
Dear Mr. Lane:
Thank you for your letter urging that a special prosecutor be appointed to investigate Attorney General Eric Holder. I appreciate the time you took to write and welcome the opportunity to respond.
As you may be aware, Attorney General Holder testified at a Department of Justice Oversight hearing before the House Judiciary Committee on May 3, 2011. At that hearing, Congressman Darrell Issa(R-CA) asked Mr. Holder when he first learned of Fast and Furious. Mr. Holder responded, "I'm not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks." Additionally, when Representative Jason Chaffetzasked the Attorney General when he learned of Fast and Furious, Mr. Holder reiterated that he was unsure.
On November 8, 2011, during a Department of Justice oversight hearing before the Senate Judiciary Committee, the Attorney General elaborated on his testimony before the House Judiciary Committee. In response to a question from Chairman Patrick Leahy (D-VT), Mr. Holder clarified that he became aware of "Fast and Furious" in February 2011 and could have been clearer in his testimony before the House.
After reviewing the Attorney General's testimonies, it does not appear to me that he perjured himself. Mr. Holder's uncertainty about the dates he learned of Fast and Furious—which he himself admitted—does not, in my view, rise to the level of perjury.
As the Attorney General has acknowledged, there were problems with Fast and Furious. You may be interested to know that the Department of Justice Inspector General is currently investigating the operation and hopefully that investigation will provide a comprehensive analysis of what went wrong and how the ATF can avoid similar problems in the future.
While we may have different perspectives on this particular issue, I respect your opinion. If you have further comments or questions, feel free to contact my staff in Washington, D.C. at (202) 224-3841 or visit my website at http://feinstein.senate.gov.
United States Senator