Posted on 06/26/2012 7:37:31 AM PDT by SeekAndFind
In case readers didn't already realize it ... it's on. The Daily Caller has a letter sent by House Oversight Chair Darrell Issa to President Barack Obama challenging the assertion of executive privilege in the investigation of Operation Fast and Furious. In the letter, Issa tells Obama that the assertion means one of two things: either the highest levels of the White House were involved in the effort to mislead Congress on OF&F, or Obama is deliberately obstructing the investigation:
“[Y]our privilege assertion means one of two things,” Issa wrote to the president in a letter dated June 25. “Either you or your most senior advisors were involved in managing Operation Fast & Furious and the fallout from it, including the false February 4, 2011 letter provided by the attorney general to the committee, or, you are asserting a presidential power that you know to be unjustified solely for the purpose of further obstructing a congressional investigation.”
Issa said Obama’s assertion of executive privilege “raised the question” about the veracity of how the “White House has steadfastly maintained that it has not had any role in advising the department with respect to the congressional investigation.”
Obama's assertion of executive privilege cited the "deliberative process" clause, but Issa rejects that as inapplicable under the circumstances:
Issa laid out that this is because the “Justice Department has steadfastly maintained that the documents sought by the committee do not implicate the White House whatsoever.”
“If true, they are at best deliberative documents between and among department personnel who lack the requisite ‘operational proximity’ to the president,” as legal precedent Issa cites requires. “As such, they cannot be withheld pursuant to the constitutionally-based executive privilege.”
Issa further breaks down how, “[c]ourts distinguish between the presidential communications privilege and the deliberative process privilege.”
“Both … are executive privileges designed to protect the confidentiality of executive branch decision-making,” Issa wrote. “The deliberative-process privilege, however, which applies to executive branch officials generally, is a common law privilege that requires a lower threshold of need to be overcome, and ‘disappears altogether when there is any reason to believe government misconduct has occurred.’”
Misconduct occurred on two levels. Issa’s reference is to the false information submitted by DoJ officials in Congressional testimony, which is the specific subject of the subpoenas on which the contempt charge is based. However, the overall investigation into OF&F also probes official misconduct in deliberately allowing thousands of weapons to be carried over the border with no way to track them, which violates regulations at the ATF — which is why ATF insiders blew the whistle on the operation in the first place. Either way, Issa is entirely correct under US v Espy that deliberative process executive privilege does not survive in these circumstances.
The letter goes on to explain why Issa didn’t cut a deal with Attorney General Eric Holder. Holder demanded that Issa “permanently” shelve the contempt charge and state that Holder had complied entirely with the subpoenas, in exchange for accepting a selective document dump, sight unseen. Small wonder the meeting didn’t last long, and Holder had to run to Obama for an assertion of executive privilege immediately afterward.
If the White House wasn’t involved in OF&F or the cover-up, then Holder should have just coughed up the materials. For that matter, Holder and the White House should have just fired the people involved in the first place and offered a “mistakes were made” mea minima culpa, which would have solved all of their political problems more than a year ago. This would be old and barely relevant news had Obama and Holder done so. The more they fight to keep those records secret — and especially when they offer ridiculous “deals” like the one Issa describes — the more it becomes clear that Obama really does have something to hide.
” GOP, take a good, hard look at Congressman Issa:
This is what a REAL Republican looks like.”
Yeah, and we may have about 4 left in the whole country......
“...Yeah, and we may have about 4 left in the whole country....”
Well, that’s a good start, brother!!! :^) At least it ain’t only three!!!
One man can be a positive example to many. One man with courage can be infectious.
I was referring to people who post about how long it’s taking to do anything, that nothing will ever happen and that Issa has no balls.
Douglas MacArthur drove tanks on 15000 unarmed unemployed hungry WWI veterans during the Bonus March protest. The 101st lined up against the "will of the people of Arkansas" at the direction of Ike for civil rights.
During 9/11, F-16's were armed and prepped to take out a commercial airliner.
Especially if it appears to be an existential crisis, the military will follow orders.
So you could be right, but there's a plenty of examples of the US military favoring their command structure first and "turning on" whoever the President says is the bad guy.
The opposition to a standing army by the founders was exactly because they knew we could find ourselves wondering who's side they'll be on.
whose side they’d be on... I meant.
Actually rottdog, you beg an interesting question.... Is there ANY example in modern history of the US Military turning on their commanders in deference to citizens?
I think we all agree that the local police forces are loading up on GI Joe accouterments, we can guess which side the union cops will take.
Have we any examples of the US Military standing down rogue policing operations to protect citizens? In New Orleans? In Waco? Anywhere? Or do they just provide assistance in the form of advisors or just watch with observers?
“I remember reading that in Nixon’s final days, Alexander Haig contacted the Joint Chiefs and said if Nixon orders the military to occupy American cities to ignore the order.”
Or maybe it was Nixon who told the JCS to ignore Haig....lolololol
The New Orleans confiscations stopped quick when other departments objected. Whatever happened was kept quiet but worked.
IMHO there was another purpose besides gun control: The arming of reconquista guerillas in Texas, New Mexico , and Arizona, based in and working out of federal lands in these states. Few understand the scope of Obama’s usurpation, or why it would be done. Obama is a fascist*. Few understand that. We have the worst possible enemy of the People sitting in the White House.
Holder and Obama have perpetrated acts of war on Mexico , which have resulted in the genocide deaths of 300+ Mexican citizens, and two US BATF agents, and maybe more.As such they both are war criminals who deserve arrest, trial and execution.
Thats the ugly truth in total.
*
See:
http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html
I’m sure that Sinaloa cartel was generous with political figures in order to get the special treatment it got.
I doubt it, not from the senior military officers, colonel or commander or above. In fact I would estimate that 80% of this rank or above are avid 0dumb0 supporters. It is like the senior management team at Fortune 500 companies....demoRAT supporters & 0dumb0 supporters to the core. At the senior military level or senior business level - liberal socialist, pro-homo/pro-lesbian, pro-Islamic, pro globalist New World Order, anti-Christian & anti-American becomes the predominate factors in whether you advance or get drummed out. And look how eagerly the senior military officers are rushing to encourage & promote homo/lesbian activities in the military. I recall in the 2008 election, seeing a picture of 50-60 retired admirals & generals all posing with 0dumb0 and endorsing him.
No, our senior military officers are for most part hard-core demoRAT & hardcore 0dumb0 supporters to the core. Our military has been subverted & perverted in the last 3 1/2 years. Political correctness & liberalism-socialism-islamic-homo/lesbian teachings are now the official policies of the U.S. military.
hope like hell he has all the cards and the testimonies are bulletproof...
he might also consider hiring a food taster sooner, rather than later, too...
Prohibition works great. If your goal is a police state.
Hey Gilbo ol’ buddy!!!! Good to hear ya!!!
I’m just loving the fact that someone on our side is taking these criminal asswipes to the woodshed and not backing down.
Issa needs to be commended and let know that we appreciate his efforts.
“We’re black and we don’t care. We don’t have to.”
” One man can be a positive example to many. One man with courage can be infectious.”
Add Sheriff Joe to the mix.
Sheriff Joe has iron cajones...A good American.
Hope his Deputies are learning from his example to keep the tradition going long after him.
Joe hand-picked his guys.
It’s a beautiful thing, isn’t it?
By 'special treatment' you mean the DEED to ARIZONA ?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.