He wouldn't go.
http://blogs.abcnews.com/politicalpunch/2011/07/atf-chief-testifies-before-congress-in-secret-over-controversial-gun-program.htmlThe acting head of the Alcohol, Tobacco and Fire Arms agency, facing scrutiny over a controversial gun program across the U.S. - Mexico border linked to the death of a Border Patrol agent last year, appeared secretly before Congressional investigators on July 4 with his own private attorney, rather than lawyers from the Justice Department.
According to sources close to the investigation, ATF Acting Direction Ken Melson had previously wanted to testify before the oversight committees but Justice Department officials sought to delay his testimony.
According to a letter sent to Attorney General Eric Holder by Rep Darrel Issa, R-CA and Senator Charles Grassley, R-Iowa, who have been investigating the Fast and Furious program, Melson expressed dismay during testimony over how the operation was run and that “he was sick to his stomach” when he reviewed internal documents.” The letter also notes that Melson’s testimony corroborated information indicating that DEA and FBI may have had a role in the operation.
In the July 5,2011 letter lawmakers who were once very critical of Melson and his tenure at ATF, have since changed their tune and are now urging the Attorney General to ensure Melson is being treated fairly – even suggesting that action against Melson by the Justice Deparmtment could have the effect of “intimidating others who might want to provide additional information to the committees.”
http://abcnews.go.com/Politics/alcohol-tobacco-firearms-chief-ken-melson-clean-atf/story?id=14009585Melson testified that he and top management at ATF moved to reassign supervisors working on Fast and Furious and that officials at DOJ allegedly tried to prevent ATF from notifying the oversight committees about the full nature of the management moves. The letter sent to Holder notes, "If his account is accurate, then ATF leadership appears to have been effectively muzzled while the DOJ sent over false denials and buried its head in the sand. That approach distorted the truth and obstructed our investigation. The Department's inability or unwillingness to be more forthcoming served to conceal critical information that we are now learning about the involvement of other agencies, including the DEA and the FBI."
The letter further notes on that issue, " said that ATF was kept in the dark about certain activities of other agencies, including DEA and FBI. Mr. Melson said that he learned from ATF agents in the field that information obtained by these agencies could have had a material impact on the Fast and Furious investigation as far back as late 2009 or early 2010."
"The evidence we have gathered raises the disturbing possibility that the Justice Department not only allowed criminals to smuggle weapons but that taxpayer dollars from other agencies may have financed those engaging in such activities," Issa and Grassley noted.
According to the letter based on Melson's testimony Justice Department officials in the Office of the Deputy Attorney General (ODAG) have not been forthcoming with the congressional investigation. "Mr. Melson provided documents months ago supporting his concerns to the official in the ODAG responsible for document production to the Committees, but those documents have not been provided to us."