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
The complete and utter disregard for the law, and the lack of consequences, just boggles the mind.
I hope Liberals keep note of their opinions today, because this sets a precedent that will be difficult to undo. Are they going to accept this when it’s a Republican or Libertarian doing it?
Nick Spinelli
Darren, There have been more “crashed” servers in the administration than crashes on LA freeways.
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Not really.
There’s that.
Jill, Do you think it is wrong to provide backround information on media organizations?
No fires for me… Not my job… Now I need to start making those calls for Mark Udall. He is one good liberal that is in trouble.
SWM has too many fires to put out today. Just call us all “fascists” and “stormfront” here as well and move on to the Immigration fire post.
SMM,
The facts remain despite people’s agendas. Holder is claiming this immunity in a court of law. If the person doing it is doing it in a court of law, why do you think it is not true?
Jill, Don’t know do you? But they do have a an agenda.
SMM,
The relevant question to ask is this: is the information being presented accurate. For example, even though Rachael Maddow is a shill for the govt., she is able to present accurate information on occasion. As a person who seeks the truth, I must accept her accurate information even though she is a shill and minion of USGinc.
So I am asking you straight out? Is the information being presented by Judicial Watch accurate?
Darren, I am with you. The judicial branch needs to grow a spine and take on this lawlessness.
Steve H.
Dredd: “War does this to any nation ….”
Did you just try to blame Bush?
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It applies to all past and future Executive Departments. It was written a couple of hundred years ago by president, congressman, statesman, cabinet member, and “father of the U.S. constitution” (James Madison) … and is still true.
So, yes it applies to Bush even though Madison did not know Bush.
Judicial Watch’s founder Larry Klayman is a birther. Not too reliable……
SWM – Even a broken clock is right twice a day. And there is still enough about the stuff Obama is hiding to make many of us suspicious, birther or not. There is something in his background he is hiding and he is paying a lot of money to keep it hidden.
Dredd: “War does this to any nation ….”
Did you just try to blame Bush?
Reblogged this on A Conservative Christian Man.
Holder is playing the long game. If he can hold off the courts, he will be a private citizen before it all hits the fan.
Darren, There have been more “crashed” servers in the administration than crashes on LA freeways.
Just remember that all defenses available to the government are available to the people. 🙂
I wonder if the judge can just declare a summary denial against this request by the administration and force them to produce the documents. Certainly there will be another attempt to buy time after this issue is decided against the administration.
In the end, I wouldn’t doubt that some server at the justice department crashes and all the data is “lost”.
Our tax money being spent to protect Holder/Obama.
Another example of our two legal systems: if you or I tried that, we would be charged with obstruction. If we found a lawyer dumb enough to claim spousal immunity, he would face Rule 11 sanctions.
Holder gets deference/leeway unavailable to ordinary Americans.
So much unlawful behavior is going to be uncovered when this lawless and incompetent administration leaves office, the Dem party will be in the toilet worse than it was after Carter. This WH is a hybrid Nixon/Carter. Incredible.
War does this to any nation, even those that think they are exceptional:
(The Greatest Source Of Power Toxins?, quoting James Madison). The military is behind the growth to the power of the commander in chief because it benefits them.
Reblogged this on BLOGGING BAD w/Gunny G ~ "CLINGERS of AMERICA!".