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Obama still holding out on those subpoenaed Fast & Furious documents ("Executive Privilege")
Hotair ^ | 04/25/2013 | Erika Johnsen

Posted on 04/25/2013 12:39:18 PM PDT by SeekAndFind

Congress is still steadily pursuing the investigation on the very dark spot on the Obama administration's record that is Operation Fast and Furious --- and when I say "dark spot," I do mean that literally, because so much of the evidence was so thoroughly redacted. The administration is continuing to fight Congressional attempts to uncover all of the details into the deadly gun-walking operation, and the dispute has moved into district-court territory. In front of a federal judge on Wednesday, the Department of Justice argued that the court should really just decline to decide on the case and leave the executive and legislative branches to duke it out on their own:

A U.S. Justice Department lawyer said on Wednesday that if a judge agreed to consider a Republican bid to get administration documents related to a botched operation against gun-trafficking it would prompt a flood of requests for courts to referee Washington political disputes.

President Barack Obama is resisting a congressional subpoena for documents related to how the administration responded to the revelation of the failed operation known as “Fast and Furious” on the U.S.- Mexican border. It has already turned over thousands of pages of documents about the operation itself.

Justice Department lawyer Ian Gershengorn told a hearing the matter was best left to the give-and-take of the U.S. government’s two elected branches, the president and Congress, and should not be a matter for the courts.

“That is how it has worked for 225 years,” said Gershengorn, referring to the ratification of the U.S. Constitution in 1788.

Mm hmm. “Best left to the give-and-take” of the legislative and executive branches, and not involve the checks-and-balances role of the judiciary? To me, that translation sounds an awful lot like “anything The Executive Branch doesn’t want to give, you’re not getting, ’cause we do what we want” — and it sounds like the judge wasn’t having it either, positing, “If you could have worked this out yourselves, wouldn’t you have worked this out yourselves?”

U.S. District Court Judge Amy Berman Jackson spent most of an hour-and-a-half hearing Wednesday sharply questioning Deputy Assistant Attorney General Ian Gershengorn about the administration’s assertion that a lawsuit the House panel filed last year should be dismissed and the legislative and executive branches of government left to work out their differences by themselves. …

Jackson, an Obama appointee, repeatedly suggested that Gershengorn was giving the judiciary short shrift.

“You keep talking about the two [branches] as if the third one isn’t there,” she said.

The judge called the fight over whether the documents are subject to legal privilege — in this case executive privilege — the kind of “classic legal dispute that this court has to [resolve] all the time.” …

House General Counsel Kerry Kircher complained that Holder was seeking “absolute and judicially un-reviewable authority to determine what executive branch documents are privileged as against Congress.”

Yeah, sorry, but there is definitely such a thing as abusing executive privilege, and how. The Obama administration is very clearly doing their best to thwart Congress’ oversight role on this one and would no doubt like to add this to the list of debacles about which they’d really prefer everybody just forgive and forget.


TOPICS: Crime/Corruption; Foreign Affairs; Government; Mexico; News/Current Events
KEYWORDS: 2deadfeds; 300deadmexicans; atf; banglist; brianterry; dea; dhs; doj; executiveprivilege; fastandfurious; fastfurious; fbi; gunrunner; gunrunning; gunwalker; holder; hsi; ice; jaimezapata; obama; terry; zapata

1 posted on 04/25/2013 12:39:18 PM PDT by SeekAndFind
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To: SeekAndFind
They will keep fighting until the court orders them to turn over the documents.

At that point, the documents in question will mysteriously disappear.

2 posted on 04/25/2013 12:41:46 PM PDT by Redleg Duke ("Madison, Wisconsin is 30 square miles surrounded by reality.", L. S. Dryfus)
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To: SeekAndFind

Holder and Obama will fight this to the bitter end or until they take over the House because to do otherwise would expose their plot to increase gun violence that got both Americans and Mexicans killed.


3 posted on 04/25/2013 12:45:14 PM PDT by Truth29
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To: SeekAndFind

They obviously have something to hide. Resigning would be the honorable thing to do.


4 posted on 04/25/2013 12:45:28 PM PDT by I want the USA back (Pi$$ed off yet?)
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To: SeekAndFind; MestaMachine; Nachum; neverdem; Joe Brower; marktwain

5 posted on 04/25/2013 12:50:46 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: SeekAndFind
"Universal background checks" for the peasants.

"Executive privilege" for the ruling class.

6 posted on 04/25/2013 12:51:30 PM PDT by DTogo (High time to bring back The Sons of Liberty !!)
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To: I want the USA back

They obviously have something to hide. Resigning would be the honorable thing to do.


Honorable??????? Where is your sarc tag because that line needs one. There is nothing “honorable” about those two asswipes or the Hilderbeast who is up to her thunder thighs involved in this coverup

I say, there is enough evidence to arrest, try, convict and hang these three for the crimes against this country. Role in Bengazi if you like


7 posted on 04/25/2013 12:58:22 PM PDT by eartick (Been to the line in the sand and liked it)
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To: SeekAndFind

Thanks for posting this.
I was wondering where F&F had gone. I thought Issa had dropped the issue, but apparantly not.


8 posted on 04/25/2013 12:59:24 PM PDT by kidd
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To: kidd
I was wondering where F&F had gone. I thought Issa had dropped the issue, but apparantly not.

There were a lot of folks around here who wanted to think that. And wanted you to think it, too.

As so often happens, they were mistaken.

9 posted on 04/25/2013 1:05:10 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: eartick

YOU ARE RIGHT.


10 posted on 04/25/2013 1:05:52 PM PDT by Repent and Believe (Promote good. Tolerate the harmless. Let evil be crushed.)
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To: eartick

How long before they claim Executive Privilege on Benghazi?


11 posted on 04/25/2013 1:12:10 PM PDT by dontBSme
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To: eartick
I say, there is enough evidence to arrest, try, convict and hang these three for the crimes against this country. Role in Bengazi if you like

I agree, but they will never be held accountable, or at least not in this life. I am reminded of the Old Testament Prophet, who asked why do the wicked prosper? We are still asking that same question.

12 posted on 04/25/2013 1:27:35 PM PDT by Mark17 (My body is in California, but my heart is in the Philippines)
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To: SeekAndFind

Obama has placed himself, of his own free will and accord, in a very dangerous, legally, position.

His has claimed that he had no personal knowledge of the documents requested. When this tactic failed he went with executive privilege. To legally claim that he had to have direct personal knowledge of the documents and their individual and collective contents.

So, which is it? Obama didn’t know hence no executive privilege. Obama did know hence his claim of executive privilege is valid and he was lying earlier.


13 posted on 04/25/2013 1:41:44 PM PDT by Nip (BOHEICA and TANSTAAFL - both seem very appropriate today.)
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To: okie01
I was wondering where F&F had gone. I thought Issa had dropped the issue, but apparantly not. There were a lot of folks around here who wanted to think that. And wanted you to think it, too. As so often happens, they were mistaken.

It might as well. About of the lib playbook (style over substance). NOTHING is ever going to come of it. Live in realville.

14 posted on 04/25/2013 3:02:03 PM PDT by Digger
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To: Digger
NOTHING is ever going to come of it. Live in realville.

Why don't we wait to see how it plays out...before we give up?

15 posted on 04/25/2013 3:17:38 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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