More subpoenas could come in the Fast and Furious case

PHOENIX - More subpoenas could be coming in the Congressional investigation into ATF's controversial Fast and Furious case.

In a letter sent Tuesday to the US Attorney General Eric Holder, Rep. Darrell Issa reserved the right to re-request testimony from Patrick Cunningham, chief of the criminal division of the U.S. Attorney's Office, District of Arizona.

Cunningham had been subpoenaed to testify during a January 24, 2012 Oversight and Government Reform Committee hearing, but last week, Cunningham's attorney responded to the subpoena by saying his client would "assert his constitutional privilege not to be compelled to be a witness against himself."

"Mr. Cunningham's broad assertion of his Fifth Amendment privilege raises the specter that the Department has allowed him to continue in his position as Chief of the Criminal Division knowing that he might have criminal culpability himself," Issa wrote in the letter to Holder.

"I have reserved the right to authorize another subpoena for his testimony at a future date … Due to Mr. Cunningham's recent actions, the Committee will be making further document requests of the Department," he continued.

Holder is scheduled to testify in front of the committee on February 2, 2012.

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