There is a new release out of Judicial Watch, which has been meeting with success in its effort to defeat extreme privilege assertions by the Obama Administration in seeking records related to the infamous Operation Fast and Furious. The Obama Administration has been repeatedly criticized for expansive claims of presidential power and privilege. I have been one of those critics. A federal court has expressed growing impatience and even anger with the Administration’s claims and obstruction — recently ordering production of evidence over the vehement objections of the Justice Department. However, nothing likely prepared them for what they claim is the privileges asserted on the “Vaughn index” produced by the Justice Department. The Administration is now reserving the claim of executive privilege over emails between Attorney General Holder and his wife Sharon Malone – as well as his mother. That’s right, executive privilege over communications with your family. It captures the lack of any sense of limitation or logic to the Obama Administration’s view of presidential power, which now overshadows the claims not just of George W. Bush but Richard Nixon.
The index also invokes deliberative process privilege for communications with the “First Lady of the Justice Department.” Ms. Holder is a physician and not a government employee.
The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. It covers 15,662 documents. The index reportedly already shows that Holder was directly involved in handling Congressional inquiries as well as public statements.
However, it is the assertion of executive privilege over nearly 20 email communications between Holder and his spouse Sharon Malone that are so notable for constitutional scholars. To add the deliberative process claim adds to the absurdity, since that claim is based on the protection of internal government deliberations. It would now be extended to cover family members? The result would expand both privileges beyond any recognition or limitation. It shows the radical approach of Holder to these claims and will serve to only undermine the credibility of the Administration with the court and the public.
Last July, Judge John D. Bates issued his order to produce the index after 16 months of delay and excuses from the Administration. The Justice Department sought for another delay until after the election but the court refused and gave it until September 23rd. Two days after that decision, Holder announced his resignation though he denies any connection to such orders or controversies. Congress is also seeking more information on the response to its oversight investigation into the program.
While the Justice Department can drop such claims, it has often been criticized for making frivolous claims of classification and privilege to obstruct discovery or public disclosures. It has spent roughly two years in court arguing the same type of extreme arguments before Bates and other courts.
I have not seen any coverage of these alleged assertions in the mainstream press, which has generally ignored the extreme claims of privilege of this Administration in such cases. Some more conservative sites have reported on the claims. The original source is from Judicial Watch below.
Source: Judicial Watch
60 thoughts on “The New Spousal Immunity Defense? Justice Department Reportedly Invokes Executive Privilege Over Holder’s Communications With Wife Related To Fast and Furious Controversy”
Jill, I doubt you would get a response from this character who, in my opinion, has demonstrated irreversibly that she is not capable of seeing things from a different perspective, even if the reality strikes right between her eyes, at the most you may hear “huh”…
When Holder leaves will be a day of jubilation! His latest is he regrets not getting gun control. Great, an Attorney General regrets not circumventing the Constitution!
From a cursory review of the thread, it appears that, as per usual, Liberal Obama supporters deny each and every new scandal, without troubling to address the salient facts or question.
It’s just we don’t like this conclusion, so we’re not going to believe it.
It must take a lot of effort and self denial to continue to ignore the lawlessness and mountain of scandals and ineptness of this administration.
If he used the government computer for domestic purposes (emailing his wife) could she claim spousal immunity? If he was conducting government business and the information was sensitive enough to claim Executive Privilege why would he be sharing it with his wife?
“[Thou] blunt monster with uncounted heads!” – Shakespeare (Henry IV, part 2)
Thou hast the most unsavoury similes. – Shakespeare (1 Henry IV)
“the lack of any sense of limitation or logic to the Obama Administration’s view of presidential power, which now overshadows the claims not just of George W. Bush but Richard Nixon.”
JT – You state that as if it’s a math problem with only a single objective answer, yet you know that is not the case. Any high school debater or 2L law student could support the opposing view.
Thank you, Judicial Watch. They’re doing the job that is lost in today’s world. . .that of investigative journalist who dig and dig and dig until they get to the truth. I used to think that eventually the truth will come out about so many things with this administration – now I’m not so sure. They take stonewalling and lying to a new level that it seems can’t be penetrated.
So, if we must dismiss facts because the person pointing them out lacks integrity and has an agenda, am I to believe that Eric Holder has no agenda and has been a model of integrity? I would have to be taking a lot of drugs to say either of those things!
Let’s stick to facts. It’s the way out of propaganda, BS, and ridiculous beliefs! Mike A. laid out the legal option very well here. There you have it.
The behavior of Holder’s Justice Department is unacceptable in its lack of transparency and in my view is contemptuous.
= = =
… It’s par for the course of the Obama Administration.
It’s like Supreme Court Judge Thomas and Ginny…
Squeeky, Like all those dead young men claim to be credible journalists. Your remarks have nothing to do with anything………
Why hasn’t spousal privilege been invoked by Mrs.Holder, or has it?
Don’t forget those nasty homosexuals and old ladies in your rant Squeeky.
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