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Executive privilege claim ahead on Solyndra
Washington Examiner ^ | 11/7/11 | Gene Healy

Posted on 11/07/2011 5:37:53 PM PST by Nachum

On Friday, citing "longstanding and important Executive Branch confidentiality interests," White House counsel Kathryn Ruemmler refused a House panel's demand for "all communications among White House staff and officials" relating to Solyndra.

Solyndra is one of the administration's pet "green energy" firms. It received a $535 million loan guarantee from the Department of Energy before its top executives took the Fifth before Congress.

What's been unearthed so far is embarrassing enough. The Obama administration seems to have rushed the deal through despite multiple warning flags and a lack of due diligence. The now-bankrupt firm, whose largest shareholder is a major Obama fundraiser, spent some $1.8 million on lobbying while waiting for the guarantee.

"If we want to compete with China," the president said recently, "we've got to make sure that our guys here in the United States of America at least have a shot." "Our guys," indeed.

Obama's legal team hasn't yet made an explicit claim of executive privilege, but that seems to be where this is heading.

Executive privilege is a judge-made doctrine, born of "penumbras and emanations" said to flow from the president's constitutional role. A privilege claim is stronger in national security matters and areas over which the Constitution gives the president sole discretion, like the pardon power.

A privilege claim is weaker where, as here, the president's alleged "confidentiality interests" involve shielding potential malfeasance from the taxpayers on the hook for Solyndra's bankruptcy.

But since the courts are reluctant to wade into inter-branch disputes, the struggle for executive-branch transparency is often resolved in a tug-of-war between the White House and Congress.

In 1996, for example, President Clinton claimed executive privilege over documents related to the Travelgate scandal, but a threat to cite the White House Counsel for contempt of Congress forced a climb-down.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: News/Current Events
KEYWORDS: claim; executive; privilege; solyndra

1 posted on 11/07/2011 5:37:59 PM PST by Nachum
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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/


2 posted on 11/07/2011 5:40:13 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum

IMPEACH NOW. Boy pharaoh’s crimes far surpass Nixon’s.


3 posted on 11/07/2011 5:42:33 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Nachum

And you just post to invite everyone to you ping list?


4 posted on 11/07/2011 5:46:02 PM PST by hamboy
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To: Nachum

And you just post to invite everyone to your ping list?


5 posted on 11/07/2011 5:46:33 PM PST by hamboy
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To: hamboy

Not at all. I post more than that hamboy.


6 posted on 11/07/2011 5:48:49 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum

Wonder how this will play out when THIS White House counsel is cited for contempt?


7 posted on 11/07/2011 5:48:49 PM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: hamboy

Here are some things posted recently not to my ping list:

Human Shields? D.C. Occupiers Use Children to Blockade Door in Violent Scuffle

http://www.freerepublic.com/focus/f-news/2803881/posts

Reports: One Cain Accuser Got $45K, Other Got $35K

http://www.freerepublic.com/focus/f-news/2803789/posts

Conservatives Trapped By Occupy DC Claim 9-1-1 Operators Hung Up on them 4 Times

http://www.freerepublic.com/focus/f-chat/2803792/posts

Jew-hating Trade Union leader threatens Jewish schools because of Israel’s reaction to UNESCO vote

http://www.freerepublic.com/focus/f-bloggers/2803754/posts


8 posted on 11/07/2011 5:55:33 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum
I don't think that these claims of Executive Privilege are going to find a lot of sympathetic support.

There is a lot of evidence of misconduct and irregularities resulting in a major 525 million dollar loss to taxpayers. There are very real oversight reasons why Congress should have access to these documents.

Executive Privilege is not a basis to cover up misconduct or wrongdoing

9 posted on 11/07/2011 6:19:21 PM PST by rdcbn
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To: rdcbn

Let’s up


10 posted on 11/07/2011 6:29:07 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum

OWS is just a cover story created by these crooks. Shift the blame is their game. Smoke and mirrors is what they do best. Just my 2 cents. Which is not a lot because of the inflation that they are causing.


11 posted on 11/07/2011 7:18:22 PM PST by jimpick
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To: hamboy

You’re more ham-HANDED, I’d say....


12 posted on 11/07/2011 7:51:11 PM PST by bitt ( Obama is so unpopular now that the Kenyans say he was definitely born in Hawaii)
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