Posted on 06/14/2011 8:01:33 AM PDT by Kaslin
Presidential administration officials have been held in contempt only 12 times since Watergate in the 1970s, but number 13 may be on its way. Attorney General Eric Holder has refused to supply the House Oversight Committee with requested documents surrounding Operation Fast and Furious, the lethal and botched operation in which thousands of semi-automatic weapons were illegally sent over the border and into the hands of Mexican drug cartels. The operation resulted in the death of thousands of Mexican citizens and Border Patrol Agent Brian Terry, and involved the Bureau of Alcohol, Tobacco, and Firearms (a division of Holder’s Justice Department.)
Yesterday, during a hearing on Capitol Hill examining whether the DOJ must respond to a lawfully issued and valid Congressional subpoena, multiple witnesses confirmed that the DOJ is not above the law and must, in fact, comply with the subpoena. The witnesses, which included Commissioner on Wartime Contracting Professor Charles Tiefer, American Public Law Specialist at the Library of Congress Morton Rosenberg, and Legislative Attorney Todd Tatelman, confirmed it is a Constitutional duty for Congress to oversee and question executive branch activities.
“The Justice Department is not immune from these investigations,” Rosenberg said.
The hearing sustained that both the House and Senate Congressional Oversight Committees have the absolute right to pursue and obtain information surrounding actions taken by the executive branch, as was the Founding Fathers’ intention in limiting the size and power of the President and his administration. Legally, the executive branch can decline providing the Congressional Oversight Committees with requested documentation only when the President invokes a Privilege Law, which shields the release of certain information. In this case, President Obama has yet to do so, and at this point in time, the House Oversight Committee has full rights to the requested documents.
The Obama Justice Department has been stonewalling the House Oversight Committee for months, citing ongoing investigations within the DOJ surrounding Operation Fast and Furious, in addition to claiming the House Oversight Committee does not have the authority to access the requested information.
“As things stand now, they owe you the documents,” Professor Tiefer said while giving testimony, adding there is no Constitutional basis for the DOJ’s refusal.
The little documentation currently available for the Congressional Oversight Committee is only the information accessible by the general public, hundreds of pages of which have been so redacted that the Committee has been unable to obtain much useful information about the Operation. They have made little progress in getting to the bottom of the scandal, and there is no way the Committee can satisfy its Constitutional duty to oversee the executive branch when the only information presented is heavily redacted material.
“I don’t think it’s appropriate and I think it sends the wrong signal that there may be some things they [DOJ] don’t want you to see,” said Morton when answering a question about the validity of hundreds of redacted documents from the DOJ.
Congressman Darrell Issa’s attempts to look into operations conducted by the Obama Justice Department are nothing new. Congressional Oversight investigations are regular occurrences throughout U.S. history, including Watergate, Iran-Contra, the Tea Pot Dome Scandal, and the Bush Administration FBI informant program.
Issa’s requests are simple. He wants to know what happened, how high up in command the operation went, who ordered the operation, how the government can avoid this type of botched and lethal operation in the future and what the consequences of bad decisions made by officials in the DOJ have led to.
“Nobody wants to have to go to this step,” Rep. Jason Chaffetz of Utah said when commenting on whether the DOJ will be held in contempt. “But you have a president and an attorney general who claim to be oblivious to what went on.”
A second hearing is scheduled for tomorrow, when the family of murdered Border Patrol Agent Brian Terry will testify.
“I want the people who killed Agent Brian Terry to be tried and convicted.” –Rep. Issa
Executive Privilege? How can Obama claim EP when he has said that neither he nor Holder know anything about this?
If Obama steps down, then what of the election?
Biden becomes Pres, but does he become the nominee, or does Hillary or someone else vy him for it? I think a scandal would probably hurt ANY Democrat, but beating Biden would be so much more entertaining.
“Legally, the executive branch can decline providing the Congressional Oversight Committees with requested documentation only when the President invokes a Privilege Law, which shields the release of certain information. In this case, President Obama has yet to do so, and at this point in time, the House Oversight Committee has full rights to the requested documents.”
So, what does the Pres. do? Look towards Issa, cover his eyes, and say “You Can’t See Me”. A little more information would have been in order from this author as the topic was broached here.
I’ll do a search to see what I can find on this. I’m curious as to what it could be other than say National Security that Obama could use to deflect Congressional inquisition, and how that in itself must be presented.
Don’t you know anything? He is the One, he can do anything he wants
If it wasn’t for Free Republic, imagine what we wouldn’t know.
The liberal elites in this administration believe themselves above the petty laws that regulate the rest of us. Their actions show it.
When I said step down... I meant it in the sick politico terms of them having a challenger against him.Then the debates will be as stupid as the current GOP ones. Do you prefer coke or pepsi? Will you as President tear this country down?
If the dems join in voting him and Holder in contempt he may pull a Nixon and resign but it will be a weiner Nixon IF IT WERE TO HAPPEN.
About as likely as my wife suggesting I get a 30 YO live in girlfriend.
Exactly what I was thinking. So why can these things not be criminal contempt?
Contempt Power: The power of a public institution (as Congress or a cout) to punish someone who shows contempt for the process, orders, or proceedings of that institution.(color me guilty)
Contempt:a) The act or state of despising;
b) Conduct that defies the authority or dignity of a court or legislature -- because such conduct interferes with the administration of justice, it is punishable by fine or imprisonment;
c) Disregard of, or disobedience to, the rules or orders of a legislative or judicial body ... as to disturb the proceedings or tho impair the respect due to such a body;
d)An act that obstructs justice or attacks the integrity of the court;
e)Deliberate interference with the duties or powers of Congress.
Why should such "contempt" apply only to courts and Congress? Why should they not apply to the Constitution that created them?
Under definition (e), why could not most Congresscritters be found guilty of "contempt of Congress" by their deliberate interference with the LEGITIMATE duties and powers of Congress -- AS DEFINED IN THE U.S. CONSTITUTION?
Holder Testimony
http://www.youtube.com/watch?v=4NqH88cSBqI
Obama states he and Holder were not informed nor did he or Holder authorize
http://www.youtube.com/watch?v=Lh37v_NkmM4
whats wrong with that picture, either way ya look at it ???
It’s why the drafters created the LEGISLATIVE BRANCH at Article ONE!!!!
Unless the spineless retards on Capitol Hill hike ‘em up and take back the power they’ve shipped down Pennsylvania Avenue, they’re on their way to extinction — along with our few remaining freedoms.
This is a precursor to Issa getting really, really mad. Nothing will come of it. This administration is currently ignoring two federal court orders. They completely side stepped the Congress on Libya, and Congress resolved that they were distressed. He completely ignored the War Powers Act, and again they were disturbed.
Sixty Years of observing politics and you tend to get a little pessimistic about Republicans doing anything in the least bit brave. It just makes it too hard for them to get invited on TV and to the best cocktail parties.
Some are just place holders that can be counted on to vote with the Dims when necessary.
Not to be haughty but the Congress and even the US courts are known to generally operate outside of Constitutional law. Thus, anyone expecting that to change in this Gun Walker case may want to review the Constitution and compare what it says to much of the legislation that is now law. This Issa investigation has a ring of Barnum and Baily.
From your keyboard to God’s eyes.
No, they will not even try to impeach obama. They would need to have 2/3 of the congress and senate to get an impeachment. That will never happen. trying would only make him stronger and give him YET another pity party that would infuriate his loyal obots. They would work 10x harder to get him re-elected.
This is the beginning of them getting rid of Holder. Once that is done, Obama becomes VERY exposed. This is them squeezing him on every angle until he no longer wants to be in the WH and tosses the election.
Impeachment requires only a simple majority in the House.
You think you will get that in the senate?
no way
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