In a major victory for Congress, U.S. District Judge Amy Jackson Berman rejected the executive privilege claims of the Obama Administration in withholding documents from a House Committee looking into the Fast and Furious “gun-walking” scandal. I have long maintained that the refusal of the Administration to turn over material to this and other committees is denial of congressional authority protected under Article I. The case is Comm. on Oversight & Gov’t Reform v. Lynch, 2016 U.S. Dist. LEXIS 5713.
The “Fast and Furious” investigation is a classic example of congressional oversight in looking into the effort by the Bureau of Alcohol, Tobacco, Firearms and Explosives to track guns across the Southwest border. The result was horrific and one of the guns was used to kill a federal officer. Since being made public, the Administration has been stonewalling and slow-walking document demands. The result was that former Attorney General Eric Holder was held in contempt of Congress. The Justice Department then refused to submit the case to a grand jury — a decision that I heavily criticized at the time.
Berman correctly noted that the Administration was making implausible executive privilege claims while it was releasing the same information through other channels.
What harm to the interests advanced by the privilege would flow from the transfer of the specific records sought here to the Committee when the Department has already elected to release a detailed Inspector General report that quotes liberally from the same records? See IG Report at 329-417; see also Reply in Supp. of Def.’s Mot. to Dismiss at 25 (stating that the IG Report “discloses vast amounts of information that the Committee purported to seek in its Complaint”). The Department has already laid bare the records of its internal deliberations – and even published portions of interviews revealing its officials’ thoughts and impressions about those records.
This is but one of a myriad of instances where the Administration has refused congressional demands for information and documents in the exercise of its oversight duties. Whether citizens agree with the majority in Congress today, they should see the danger in a president denying the legislative branch such information needed to perform its vital check and balance role in our system. What was most striking about this case is the utter lack of a plausible or credible claim of privilege. Yet, the Justice Department continued to litigate the case to delay and obstruct the congressional committee.
This record goes beyond the simple failure to fulfill President Obama’s pledge to be the most transparent Administration in history. It strikes at the very heart of our constitutional system in my view.
@Nick Spinelli
1, January 20, 2016 at 11:58 am
“The most lawless President in my lifetime. I never thought someone would be more lawless than Nixon. I was wrong.”
Whistleblower Thomas Drake was working at the NSA during and after the attacks of 9/11. He compares Nixon and that fellow who was president between Clinton and Obama:
Operation Fast and Furious was started during the Obama administration. Operation Wide Receiver, a similar program during the Bush administration, was shut down in 2007 by the Bush administration because of obvious flaws/ risks in the program.
There were no known murders committed with “loose guns” under Wide Receiver. In addition to the INS officer killed, hundreds of Mexicans were killed with lose guns under Fast and Furious.
Thats right Hildegard, If we only had a President that followed the rule of law like Dubya…….. Who started Fast and Furious……D’oh….Or we had a President that could deal with Iran like St Ronnie……D’oh …….Presidents have each others backs on these type of matters. Did you ever think maybe Obama had Dubya’s back when he said we have to look forward not back on all the crimes Dubya did?
Glenn – Dubya DID NOT start Fast and Furious. He had another program which did NOT lose any guns. This one is all Obama and Holder
Isaac….oh ISAAC!!! “Should the terrorists occupying the government buildings in Oregon, armed to the teeth, be charged with domestic terrorism …”
Wake up Isaac! You have to be the #1 dupe on this blog site. Are you a writer for CNN by any chance or just their #1 fan? Have you ever imagined that maybe, just maybe main stream media is using you and lying to you day and night to further an agenda that might not be in your best interest? Or do you assume they’re giving you both sides of every story so that you can form an intelligent opinion?
C’mon Isaac, it’s not that hard! You really have NO idea what’s really going on in Oregon and furthermore I don’t believe you even want to know. I could easily post videos and links galore here, but I already know that your mind is like a steel trap…and no light gets in there.. So sad…;(
“This record goes beyond the simple failure to fulfill President Obama’s pledge to be the most transparent Administration in history. It strikes at the very heart of our constitutional system in my view.”
In YOUR view? This is precisely what us RIDICULED ‘tin foil hat conspiracy theorists’ have been saying for years and years and years. Are people waking up? PLEASE GOD, TELL ME IT’S TRUE. Obama is a felon and belongs in prison.
He will have completed his term before anything happens
The Science Geek
http://www.thesciencegeek.org
Well, he succeeded in holding out until his term almost completed. I’d call that a win for Obama.
Put isaac down as approving of the F&F gun-walking scheme. And for that matter, include him among the group of progressives that don’t really care HOW this government performs as long as it limits itself to what he wants accomplished. What isaac may not realize (perhaps he does) is it’s precisely because of people like him that our government is so corruptible.
Nicely done!
The purpose of the Fast and Furious scheme was to have a bunch of guns, specifically long guns (rifles) to be released to the Mexican cartels and gangs which would then be used in some horrific crimes (or so the government wished). When those guns were used and people killed then the government hoped to be able to make a case for further gun control regulations
From CBS Sharyl Attkinson
On July 14, 2010 after ATF headquarters in Washington D.C. received an update on Fast and Furious, ATF Field Ops Assistant Director Mark Chait emailed Bill Newell, ATF’s Phoenix Special Agent in Charge of Fast and Furious:
“Bill – can you see if these guns were all purchased from the same (licensed gun dealer) and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks.”
On Jan. 4, 2011, as ATF prepared a press conference to announce arrests in Fast and Furious, Newell saw it as “(A)nother time to address Multiple Sale on Long Guns issue.” And a day after the press conference, Chait emailed Newell: “Bill–well done yesterday… (I)n light of our request for Demand letter 3, this case could be a strong supporting factor if we can determine how many multiple sales of long guns occurred during the course of this case.”
So Obama and the government purposely put guns out into the hands of criminals in order to further try to undermine the 2nd Amendment. Nevermind that people died from these guns, including a border Patrol officer. The ends justified the means according to their twisted warped illegal logic. People die. big deal right?
Just another instance of a lawless government and why the rebellion may be closer than they would like to think.
Yes, Obama is the most lawless and inept President in my lifetime. I think of him every year at tax time when I am fined over $1900 for not buying his stupid health insurance.
The most lawless President in my lifetime. I never thought someone would be more lawless than Nixon. I was wrong.
The unraveling continues. National polls show Sanders beating Trump. Maybe no Biden. Sanders says he would be ok with a top tax rate of 90%. Even in France that didn’t fly. Rich folks started to move out of the country. But if you are an ideologue, outcomes don’t matter.
Did you notice murders up 6%+ nationally? Comey says “Ferguson Effect”. Progs say nah, just an anomaly.
Dick
And now one of the F&F guns has shown up at El Chapo’s place. The Obama legacy: arming criminals while attempting to revoke the Constitutional right of law abiding citizens to self-defense.
“The result was horrific and one of the guns was used to kill a federal officer.”
One of the 300 million guns loose in the US. Yeah, this is a real problem.
Question for Turley, Should the terrorists occupying the government buildings in Oregon, armed to the teeth, be charged with domestic terrorism and put on a list which will see them barred from having the right to bear arms, as are criminals and others that most sane people agree should not bear arms, like people who have openly threatened the US, etc? I would really appreciate Turley’s opinion on this, as long as it is not lawyerspeak, which is another word for BS.
Obama is going to be out of office before anyone is arrested for this.
Techies: Is there any way to link the case? I would like to read it. Thanks!
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