Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge Slaps Down Eric Holder's Request For Fast and Furious Lawsuit to be Dismissed
Townhall.com ^ | October 1, 2013 | Katie Pavlich

Posted on 10/01/2013 5:54:37 AM PDT by Kaslin

Late Monday night, U.S. District Court Judge Amy Berman Jackson denied a Department of Justice request to dismiss a lawsuit filed by the House Oversight Committee last summer over Operation Fast and Furious documents.

“In the Court's view endorsing the proposition that the executive may assert an unreviewable right to withhold materials from the legislature would offend the Constitution more than undertaking to resolve the specific dispute that has been presented here,” Jackson wrote in her ruling. "Neither legal nor prudential considerations support the dismissal of this action, the defendant’s motion to dismiss the action will be denied."

The lawsuit was filed shortly after Attorney General Eric Holder was held in contempt of Congress for failing to turn over requested Fast and Furious documents to Congress and after President Obama asserted executive privilege over documents despite denying any involvement in the operation.

"This ruling is a repudiation of the Obama Justice Department and Congressional Democrats who argued the courts should have no role in the dispute over President Obama's improper assertion of executive privilege to protect an attempted Justice Department cover-up of Operation Fast and Furious,” Chairman of the House Oversight Committee Darrell Issa said in a statement. “I remain confident in the merits of the House's decision to hold Attorney General Eric Holder in contempt; this ruling is an important step toward the transparency and accountability the Obama Administration has refused to provide."

Senator Chuck Grassley, who has been investigating Operation Fast and Furious since early 2011, also released a statement.

“This is an important step toward ensuring that Congress’ constitutional responsibility to provide oversight of the executive branch is vindicated. The President’s sweeping assertion of executive privilege over Fast and Furious documents is completely contrary to the transparent government that he promised and beyond any valid claim of privilege under the law," Grassley said. "The documents subpoenaed by the House of Representatives are essential to gaining a full understanding of the gunwalking program that led to the tragic death of a U.S. Border Patrol agent and the efforts to keep the truth about it from Congress and the American people. Given that its refusal to comply with the subpoena is unlikely to survive legal scrutiny, I fully expect the Obama administration to continue to put up procedural roadblocks to resolving this dispute. However, I look forward to the court finally deciding the case on the merits.”

At this point, there has not been a ruling from Jackson about whether Obama's executive privilege will stand. A ruling on whether executive privilege applies to the Fast and Furious documents in question is expected within the next two weeks.


TOPICS: Crime/Corruption; Editorial; Government
KEYWORDS: banglist; corruption; criminalag; democrats; fastandfurious; gunwalker; holder
Navigation: use the links below to view more comments.
first 1-2021 next last

1 posted on 10/01/2013 5:54:37 AM PDT by Kaslin
[ Post Reply | Private Reply | View Replies]

To: MestaMachine; Nachum

2 posted on 10/01/2013 5:59:56 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

3 posted on 10/01/2013 6:00:49 AM PDT by AppyPappy (Obama: What did I not know and when did I not know it?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin
Overheard outside Holder's office:

OH, %%@@, WHAT THE @#^% AM I GONNA DO NOW"?

4 posted on 10/01/2013 6:02:29 AM PDT by JPG (Putin Does Obama.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Does the government shutdown mean that we will no longer be purchasing assault weapons for Mexican drug cartels?


5 posted on 10/01/2013 6:08:56 AM PDT by Hoodat (BENGHAZI - 4 KILLED, 2 MIA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Whack!

Justice prevails.


6 posted on 10/01/2013 6:18:23 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

This case will never see the light of day —this ruling is just more eyewash.


7 posted on 10/01/2013 6:18:36 AM PDT by Venturer ( cowardice posturing as tolerance =political correctness)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx; maggief; hoosiermama; TigersEye; penelopesire; ConservativeMan55; AllAmericanGirl44; ...

Well well we have a little life in the judicial branch. It states 2 weeks we get a ruling on contempt.


8 posted on 10/01/2013 6:29:22 AM PDT by crosslink (Moderates should play in the middle of a busy street)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Kaslin
At this point, there has not been a ruling from Jackson about whether Obama's executive privilege will stand

That would be the Executive Priveledge over documents that the chief Executive or his staff assert that they have no knowledge of.

Judge: "These documents that you claim are too important for Congress to review...what is the nature of their content?"

Obama Lawyer: "I don't know. But it's real important"

9 posted on 10/01/2013 6:32:20 AM PDT by kidd (No blood for ego)
[ Post Reply | Private Reply | To 1 | View Replies]

To: crosslink

Yep!


10 posted on 10/01/2013 6:33:07 AM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: onyx

Justice prevails.

********
The APPEARANCE of justic prevails. Holder will ignore it. These people are lawlessness personified.


11 posted on 10/01/2013 6:44:50 AM PDT by Starboard
[ Post Reply | Private Reply | To 6 | View Replies]

To: Kaslin

The way things are puttering along, it will be after next years 4th of July before this topic is in the news again.


12 posted on 10/01/2013 6:45:30 AM PDT by lee martell
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

shame the corrupt media will ignore this again though.


13 posted on 10/01/2013 6:48:13 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


14 posted on 10/01/2013 6:48:35 AM PDT by Nachum (I am Breitbartacus!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Kaslin

That’s a judge who seems to know her law.


15 posted on 10/01/2013 6:53:04 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Have they even provided a privilege log saying which documents they are claiming privilege over?


16 posted on 10/01/2013 7:22:07 AM PDT by The Free Engineer
[ Post Reply | Private Reply | To 1 | View Replies]

To: freekitty

A judge who is not afraid to die!


17 posted on 10/01/2013 7:46:54 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Starboard

“These people are lawlessness personified.”

Oh, worse than that.

They’re the Khmer Rouge, the V.C., the Viet Minh,
and the SS, all rolled comfortably into one entity, ready to exercise absolute power.

IMHO


18 posted on 10/01/2013 9:27:52 AM PDT by ripley
[ Post Reply | Private Reply | To 11 | View Replies]

To: Travis McGee
Judge Amy Berman may want to google Lieutenant Quarles Harris Jr.

He was shot point-blank in the head in his church parking lot after accessing the clown's social security records.

Perhaps they will decide to send another message with Ms. Berman.

19 posted on 10/01/2013 9:45:34 AM PDT by Gabrial (The nightmare will continue as long as the nightmare is in the Whitehouse.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: crosslink

Thanks for the ping. This is one contempt ruling I don’t want to miss!
May have to mark the calendar !


20 posted on 10/01/2013 3:57:25 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then)
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson