Mueller Disputes Allegations of a Third Gun at Scene of Border Patrol Agent’s Death

By Melanie Arter | December 14, 2011 | 5:34 PM EST

FBI Director Robert Mueller waits to testify on Capitol Hill in Washington, Wednesday, Sept. 22, 2010, before the Senate Homeland Security and Government Affairs Committee hearing to examine nine years after 9/11, focusing on confronting the terrorist threat to the homeland. (AP Photo/Manuel Balce Ceneta)

( – FBI Director Robert Mueller on Wednesday denied allegations that the FBI engaged in a cover-up in the death of Border Patrol Agent Brian Terry, who was killed with a weapon that was part of the gunwalking scheme Operation Fast and Furious.

At the Senate Judiciary hearing, Sen. Patrick Leahy (D-Vt.) asked Mueller what he thought of Rep. Darrell Issa’s (R-Calif.) allegation that the FBI is engaging in a cover-up in Terry’s murder and that there was a third gun recovered from the scene.

“I’ve been reading so much about allegations, and conspiracy theories have been aired by some congressional Republicans. I thought I’d ask you a couple questions. Congressman Issa went on national television. He suggested the FBI engaged in a cover-up at the crime scene at which ICE agent Brian Terry was killed and is continuing a cover-up," Leahy said.

“He suggested there was a third gun recovered at the crime scene, even that it was the murder weapon, the FBI is intentionally covering it up. I believe I know the answer to this, but what are the facts with respect to whether there was a third gun recovered at the scene of the crime as Chairman Issa suggested?” Leahy asked.

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“Well, let me start with adamantly rejecting the suggestion that the FBI would in any way cover up … what happened in the tragic killing of Brian Terry. To the contrary, every available necessary resource has been put on that and similar investigations where we lose one of our own,” Mueller said.

“I do and am familiar with the suggestion that there was a third gun at the scene. There was no third weapon found at the scene. There were two weapons that were found at the scene, not a third,” he said.

“Why there were suggestions as to a third, I’m still not certain. It may well be that the two weapons that were found were designated K2 and K3 because there was a K1 that was not a weapon, but the fact of the matter is that there were only two weapons found at the scene,” Mueller added.

Leahy also asked Mueller to respond to allegations that the FBI is not looking for Terry’s killer.

“Again to the contrary, there’s been one arrest. There’s an ongoing investigation. There are documents that have been filed that are under seal and is an ongoing, an ongoing strong investigation, and we will bring to justice those persons who are in any way involved in the killing of Officer Brian Terry,” Mueller added.