The career path of former U.S. From the beginning, there
Attorney Dennis Burke can be were huge controversies:
charted through an ascending Senate Bill 1070, Arizona's
string of jobs from Arizona's anti-immigration law, was
Supreme Court to the U.S. under challenge in court. The
Senate, White House, Maricopa County Sheriff's
Department of Homeland Office was being investigated
Security and Justice for alleged civil-rights
Department. violations. Border security
It is a resume that spans had become a political
more than two decades in firefight, with Arizona as a
three branches of government. funnel point for smuggling
Then, suddenly, it nose-dives amid growing fear that
on Aug. 30, 2011, when Burke Mexican violence would spill
resigned as U.S. attorney onto U.S. soil.
amid a scandal over a gun- Authorities in both nations
smuggling case known as were blaming liberal U.S. gun
Operation Fast and Furious. laws for arming the cartels.
Since that day, the The assault-weapons law had
gregarious public servant has expired in 2004. Restoration
gone silent, and nearly of the statute had been on
invisible, except that his Obama's platform, and Burke
name appears prominently in was among the public
Justice Department documents, adherents.
congressional hearings and During a news conference in
news reports. 2010, Burke complained that
Burke's political downfall scores of guns from Arizona
may have been shocking, but were being recovered in
an Arizona Republic Mexico. "We have a huge
analysis of his career problem here. We have now
suggests that the cause -- become the gun locker of the
firearm politics -- has been Mexican drug cartels." What
a pet theme through most of Burke did not mention was
his 23 years in government. that his prosecutors had
The end came after federal allegedly instructed ATF
records and testimony agents to let some of those
revealed that Burke last year weapons "walk" across the
pressed colleagues and border.
superiors to deny that the In fact, just one month after
Justice Department knowingly Burke's appointment as U.S.
allowed guns to be smuggled attorney was confirmed by the
into Mexico under his watch, Senate, Operation Fast and
and that two of those weapons Furious was secretly launched
wound up at the murder scene in Arizona.
of a U.S. Border Patrol agent. According to congressional
In e-mail exchanges with DOJ testimony and DOJ records,
officials, Burke incorrectly the idea was to follow the
described allegations about firearms south so that drug
Fast and Furious by Sen. lords who received them could
Charles Grassley, R-Iowa, as be identified and prosecuted.
"categorically false." He Over a two-year period,
also reviled congressional smugglers moved as many as 1,
investigators as "stooges" 400 weapons across the border.
for gun-rights zealots. The problem: Those AK-47s and
Burke finally quit his post .50-caliber rifles were being
after testifying in secret to used for mayhem in Mexico,
congressional investigators and U.S. investigators had
about the case. not devised a successful way
He was not the only federal to track them.
official to suffer fallout. Agent Terry's death Burke's
At the Bureau of Alcohol, supporters question whether
Tobacco, Firearms and he understood that the ATF
Explosives, national Director strategy knowingly let guns
Kenneth Melson was reassigned into Mexico, but critics say
and Arizona's top agent, e-mails and other Justice
William Newell, was Department records indicate
transferred. On Capitol Hill, he knew exactly what was
Grassley called for the going on.
removal of Lanny Breuer, For example, an ATF memo in
second in command of the January 2010 says Burke was
Justice Department, and many briefed in detail on Fast and
in Congress have said Furious and expressed "full
Attorney General Eric Holder agreement" with a strategy
should be fired. allowing "the transfer of
But, of all the officials firearms to continue to take
caught up in America's so- place ... in order to further
called "gun-walking" scandal, the investigation and allow
Dennis Kiernan Burke is the for the identification of
only one to lose his job. additional co-conspirators."
A resignation letter to In an April 2010 e-mail to a
President Barack Obama said colleague, Burke predicted
simply, "It is the right time that the operation would have
to move on to pursue other a huge public impact: "It's
aspects of my career and my going to bring a lot of
life." attention to straw purchasers
The question: Has he hit of assault weapons," he wrote.
bottom yet, and can he rise "Some of these weapons bought
again? by these clowns in Arizona
'A stand-up guy' Since have been directly traced to
leaving his skyscraper office murders of elected officials
in downtown Phoenix, Burke in Mexico by the cartels, so
has turned down all interview Katie-bar-the-door when we
requests, leaving his lawyers unveil this baby."
to describe him as a "stand- However, available Justice
up guy" who didn't Department documents do not
intentionally mislead include any record where
Congress or the public. Burke explicitly acknowledged
An inspector general probe is an awareness of the gun-
still under way, as well as walking strategy, and it is
congressional investigations. unclear whether he believed a
Friends say Burke, who had furor would result because of
been touted as a possible the investigative tactic, or
candidate for governor or because so many U.S. firearms
Congress, is lying low, were responsible for Mexico's
volunteering full time with a cartel bloodshed.
rape-crisis network and At least some ATF agents
playing golf. All of them bristled at the ATF operation,
speak of him with glowing warning of potentially fatal
adjectives: articulate, consequences. Those
positive, hardworking, decent, predictions proved true on
funny, loyal. Dec. 14, 2010, when Border
"He doesn't have enemies," Patrol Agent Brian Terry was
said Robbie Aiken, a longtime killed in a midnight shootout
friend and vice president for with bandits near Nogales.
federal affairs with Pinnacle Within hours, Burke was
West Capital Corp. "All the notified that two guns found
things he's done, yet I've at the scene were linked to
never really heard anybody Fast and Furious.
say anything negative about A man, who bought them 11
him." months earlier at a Glendale
But there are critics, firearms store, was promptly
especially among staunch arrested on suspicion of
Second Amendment advocates, illegal-weapons purchases,
who paint Burke as a liberal along with other gun-buy
apparatchik who was willing suspects. Yet, at a news
to let criminals move weapons conference announcing the
to Mexican cartels if it busts, federal officials
would help justify new failed to reveal the link
firearms restrictions. with Terry's death and denied
"It's no coincidence that that guns had been allowed to
Dennis Burke, a longtime anti- "walk" as part of the case.
gun policy person, was made U. ATF agents, horrified at what
S. Attorney in mid-2009 ... happened, became whistle-
the same month (sic) that blowers, leaking information
Fast and Furious begins," to Congress. Last January,
said Mike Vanderboegh, a gun- Sen. Grassley sent letters to
rights blogger. "They picked ATF, alleging that the bureau
precisely the right guy to had knowingly allowed guns
run a clandestine program." into the hands of Mexican
(The operation began a month criminals and that two of
after Burke's appointment was those weapons were tied to
confirmed.) Terry's murder. Burke reacted
Curiously, the supporters and by sending e-mails to DOJ
detractors agree on one colleagues denouncing the
point: They say Burke became senator's assertions as
a scapegoat to protect higher "categorical falsehoods."
officials in the Justice In early messages to DOJ
Department or White House. superiors, he incorrectly
Dave Workman, a gun-rights claimed weapons found at the
blogger, described Burke as murder scene were purchased
"the chief sacrificial lamb." before Fast and Furious
Sen. Grassley, in an October started. Later, he clarified
statement, said: "Mr. Burke that although Fast and
is to be commended, to some Furious was under way, the
extent, for being the only buyer was not being
person to resign and take surveilled at the time he
responsibility for the failed bought them.
operation. Of course, I do Bitter denunciations On Feb.
not believe he should feel 1, The Republic
obligated to be the only fall published the first
guy." mainstream news story on the
Phoenix attorney Andy Gordon, gun-running scandal and about
a close friend for nearly two a congressional inquiry into
decades, said Burke may be Fast and Furious.
loyal to a fault, protecting Burke e-mailed a top Justice
higher-ups in the Justice Department official,
Department. "DOJ threw him complaining about the bad
under the bus. That's my view, publicity and about
" Gordon said. Grassley's letter. "They
Another friend, attorney Tim (ATF) got smoked today in the
Nelson, said: "I don't know Arizona Republic . Just
the workings of the Obama smoked," he wrote. "They
administration, whether they punted going on the record to
were looking for a fall guy deny completely fabricated
or what. But it certainly assertions that cut at the
looks that way." heart of their agency and the
Whether those evaluations are mission of law enforcement."
valid or not, associates ATF and Justice officials
agree Burke was devastated to spent three days arguing over
lose a dream job and see his language for a rebuttal to
reputation tainted by scandal. Grassley's letter. Burke, who
Kevin Burke, an older brother wanted a hard-line denial,
who serves as a county judge complained bitterly to
in Minnesota, said Dennis is colleagues: "What is so
focused on defending himself offensive about this whole
as investigations continue. project is that Grassley's
"He's certainly bummed," staff, acting as willing
Judge Burke said. "You want stooges for the Gun Lobby,
people to understand what you have attempted to distract
did and why you did it." from the incredible success
Asked if Dennis privately in dismantling SWB (Southwest
admits to making mistakes, Border) gun trafficking
Kevin answered, "I can operations," he wrote. "Not
categorically deny that. The uttering one word of rightful
idea that he is going around praise or thanks to ATF --
saying, 'Boy, I really but, instead, lobbing this
screwed up'? He's never told reckless, despicable
me that." accusation that ATF is
Strong work ethic and ambition complicit in the murder of a
Since Dennis Burke got his federal law enforcement
law degree at the University officer."
of Arizona in 1988, he has In another missive, Burke
flourished in high-profile wrote, "I am so personally
government jobs, handling outraged by Senator
politicians, journalists, Grassley's falsehoods. It is
lobbyists and lawyers with one of the lowest acts I have
aplomb. ever seen in politics."
Born in 1962 in Chicago, the DOJ eventually issued a
last of five children in an letter denouncing Grassley's
Irish-Catholic home, Burke allegations about Fast and
once credited his immigrant Furious as "false."
grandfather with instilling a Holder has since acknowledged
work ethic to match ambitions. that the senator's assertions
When Dennis was just a boy, were true, and that Fast and
the family moved to Phoenix, Furious was a flawed
where he attended Catholic operation. Spurred by those
schools. (As an adult, he admissions, congressional
once said his life motto was investigators redoubled their
"Love your neighbor as you do efforts, digging up more
yourself" because "several records and questioning
nuns beat that into my head witnesses under oath. This
in grade school.") past summer, Burke was called
After graduation from Brophy before congressional
College Preparatory, Burke investigators for two closed-
earned a bachelor's degree at door interviews.
Georgetown University and got According to subsequently
an early taste of national released excerpts, Burke
politics by serving as an acknowledged mistakes and
intern for U.S. Rep. Martin accepted blame. "It should
Sabo, D-Minn. not have been done the way it
"He was kind of bitten by the was done," he said, "and I
Hill bug," said Kevin Burke, want to take responsibility
who is president of the for that. And I'm not falling
American Judges Association. on my sword or trying to
Former Sen. Dennis DeConcini, cover for anyone else."
D-Ariz., who hired Burke from Motives debated Attorneys
law school as a congressional Lee Stein and Chuck Rosenberg,
intern, said the student who represent Burke, said
stood out for legal smarts their client did not
and people skills. "Just intentionally provide false
really bright," DeConcini information to colleagues and
said, "and he was good with superiors in the Justice
Republicans." Department.
Fresh out of law school, "Dennis has cooperated with
Burke won a coveted position congressional investigators
as clerk with the Arizona and the (Justice)
Supreme Court under Justice Department's inquiry into
James Moeller. this matter," Stein said. "He
Then, in 1989, he was hired takes his public service
as a low-level staff lawyer seriously."
at the U.S. Senate. Within a Critics say the constellation
year -- at age 27 -- Burke of facts points to Burke as a
was assigned to the Judiciary ramrod behind Fast and
Committee, eventually playing Furious, working to provide
a behind-the-scenes role in political powder for more
confirmation proceedings for firearm regulations.
three Supreme Court justices. In a Dec. 18 post, Second
And he began working on gun Amendment blogger John
control. DeConcini said Burke Richardson wrote: "Looking at
helped draft the Anti-Drug Burke's background and his
Assault Weapons Limitation attitude towards gun rights
Act of 1989. A five-year and those who support them, I
battle ensued, ending with see this as even further
President Bill Clinton confirmation that the intent
signing the Violent Crime of Operation Fast and Furious
Control and Law Enforcement from the very beginning was
Act of 1994, which made it a to build support for another
federal offense to possess so-called assault-weapons ban.
certain semiautomatic rifles I just don't think it was
manufactured after the law's coincidental that Operation
passage. Fast and Furious was centered
DeConcini said Burke fostered in Arizona."
the measure in concert with a DeConcini, who has sought to
key figure in the White House, help Burke behind the scenes
policy analyst Rahm Emanuel, with members of Congress,
who years later would become said such inferences are
chief of staff for President "totally unfair," and he
Obama. Emanuel now is mayor insisted that Burke did not
of Chicago. learn of the gun-walking
"Dennis was the one who strategy until after Brian
worked with everyone on the Terry's death.
Judiciary Committee to line Kevin Burke said it is absurd
up these members and votes," to suggest that his brother
DeConcini said. "Dennis had came up with some
all these pictures of these "Machiavellian plan" to
guns -- the Streetsweepers justify gun-control measures.
and the AK-47s. And it passed He said Dennis was dedicated
by one vote. A lot of it was to stopping firearm deaths --
not my eloquence on the not adding to them -- and he
bill, it was stuff that would never have risked lives
Dennis had done." or his career on such a
The law was adopted shortly gambit.
before Burke left his Senate David Steele, a political
job for a position in the consultant and friend,
Clinton White House as a agreed: "The Dennis Burke I
senior policy analyst for law know doesn't engage in that
enforcement and drug issues, kind of political
again working with Emanuel. triangulation," he said. "The
According to preserved e- whole notion that he did this
mails, Burke continued as a conspiracy for gun
handling firearm issues, control is laughable."
discussing whether executive Epilogue Investigations by
orders could be used to Congress and the inspector
extend the Brady Handgun general are ongoing.
Violence Protection Act Guns from Fast and Furious
requirement for background continue to surface at crimes
checks. scenes in Mexico and the
In 1997, Burke became a United States.
federal prosecutor under U.S. The case against those
Attorney Janet Napolitano, accused of killing Brian
getting firsthand experience Terry is sealed in federal
with Mexican syndicates that court.
were smuggling narcotics and And Dennis Burke remains
firearms. In an interview under a cloud.
that year with the Arizona His attorney Stein said the
Business Gazette , he experience has been "sobering,
identified earlier gun- " but Burke keeps busy
regulation efforts as the volunteering with a rape-
most fulfilling professional crisis network. "He's really
assignment he'd undertaken. been using this time to
Over the next decade, he reconnect with family and
served as a chief deputy to friends, and to try to get
Napolitano as she became through all this and decide
Arizona attorney general, what he'll do with the rest
governor and then director of of his life," Stein said.
Homeland Security, where he Other friends say he
again dealt with gun-running understands how scandals work
into Mexico. in the nation's capital.
Fast and Furious launched On "It's a tough town," said
July 10, 2009, President Aiken, who worked in the
Obama named Burke as his Reagan administration.
nominee for U.S. attorney for "Dennis knows that. He's a
Arizona. He was confirmed by tough guy. And I suspect
unanimous consent in the he'll come out of this A-OK.
Senate on Sept. 15 of that (But) I don't think he was
year. treated altogether fairly."
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