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HOLDER WILL LOSE EXECUTIVE PRIVILEGE FIGHT
Big Government ^ | 6-21-12 | KEN KLUKOWSKI

Posted on 06/21/2012 12:37:48 PM PDT by kingattax

President Obama’s assertion of executive privilege to prevent Attorney General Eric Holder from complying with congressional subpoenas on the Operation Fast and Furious fiasco will blow up in the White House’s face. But not for the reasons you’ve heard on the first day of this legal fight.

Some Republicans are saying—and some media commentators are reporting—that executive privilege only applies when the president himself is involved.

That’s incorrect as a matter of law.

It’s important to get this right, because some are suggesting that today’s invoking of the privilege means Obama himself is involved, a smoking gun that could make this the next Watergate. Not true.

The White House might be involved, but we don’t know one way or another… yet.

As I’ve written before, there are two types of executive privilege. One is a strong form rooted in the Constitution, called the presidential communication privilege. But there is another type, much weaker and rooted in common law instead of the Constitution, called the deliberative process privilege. That second, weaker variety is what President Obama invoked today regarding Holder.

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


TOPICS: News/Current Events
KEYWORDS:

1 posted on 06/21/2012 12:37:52 PM PDT by kingattax
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To: kingattax

Not Holders fight anymore. Now Presidents. He is the one that deemed executive authority.


2 posted on 06/21/2012 12:39:29 PM PDT by edcoil (It is not over until I win.)
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To: kingattax
Holder will lose the court fight. He’ll appeal, of course, but eventually the appeals will be over, and we’ll all learn the truth of what really happened in Fast and Furious.

By then, the requested documents will no longer exist in any readable form.

3 posted on 06/21/2012 12:43:06 PM PDT by Bloody Sam Roberts (My dog, yes. My wife, maybe. My gun....NEVER!)
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To: Bloody Sam Roberts
And the election will be over one way or another so pardons can be passed out flexibly.
4 posted on 06/21/2012 12:44:42 PM PDT by KarlInOhio (You only have three billion heartbeats in a lifetime.How many does the government claim as its own?)
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To: kingattax

Holder will be able to stonewall till after the election.


5 posted on 06/21/2012 12:47:36 PM PDT by Anti-Bubba182
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To: kingattax

I’ll wait to hear what the TOTUS has to say before I rush to judgement. /S


6 posted on 06/21/2012 12:50:55 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: Anti-Bubba182
If he is not convicted until after the inauguration, then 0bama will not be able to pardon him, is this correct?
7 posted on 06/21/2012 12:54:08 PM PDT by NEMDF
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To: KarlInOhio

You brought to mind something I hadn’t thought of WRT Putin and the “have more flexibility after the election”.

Bammers will have 2 months to destroy the country and give away everything, even if he loses.


8 posted on 06/21/2012 12:56:56 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Bloody Sam Roberts

The documents may already be gone.


9 posted on 06/21/2012 12:58:42 PM PDT by fatnotlazy
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To: All

10 posted on 06/21/2012 1:07:31 PM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: MrB
Bammers will have 2 months to destroy the country and give away everything, even if he loses.

Scorched earth.
11 posted on 06/21/2012 1:09:28 PM PDT by crosshairs
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To: kingattax

Holder and his boss will both be voted out of office before it comes to that


12 posted on 06/21/2012 1:10:00 PM PDT by Buckeye McFrog
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To: KarlInOhio
“And the election will be over one way or another so pardons can be passed out flexibly”

Can he be pardoned in advance of conviction? Scenario > Mitt wins the WH, Repubs take the Senate, then move forward with convicting Holder after Bambi is out of Office. Of course Mitt will say let's move forward, turn the page, and let it slid.

13 posted on 06/21/2012 1:13:53 PM PDT by DAC21
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To: Bloody Sam Roberts
"By then, the requested documents will no longer exist in any readable form."

I think you underestimate Issa - he has more than enough documents to show that Holder committed perjury numerous times in front of Congress. Like a good card player, he hasn't shown his hand before he has to. Before the vote in the House, I expect there will be a document dump that will have all but the most mentally deformed Deomcrats running from Holder as fast as they can.

14 posted on 06/21/2012 1:15:40 PM PDT by In Maryland (Liberal logic - the ultimate oxymoron!)
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To: NEMDF
If he is not convicted until after the inauguration, then 0bama will not be able to pardon him, is this correct?

Unfortunately not. He doesn't even have to have been charged with a crime for Obama to be able to issue a blanket pardon for "any and all acts committed while acting as Attorney General", AFAIK. That can be done on Obama's last day in office, or any time before.

15 posted on 06/21/2012 1:18:13 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: NEMDF

This raises a good question...can the president pardon someone for something he’s done but hasnt been convicted of (or even charged with) yet, or can a pardon only happen after a convicion?

In other words, does a pardon apply to conduct or conviction?


16 posted on 06/21/2012 1:19:52 PM PDT by VideoPaul
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To: DAC21
Yes, he can be pardoned in advance of conviction. Ford pardoned Nixon before any conviction had taken place:

NOW, THEREFORE, I, GERALD R. FORD, PRESIDENT OF THE UNITED STATES, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974." [Proclomation 4311]

17 posted on 06/21/2012 1:20:19 PM PDT by In Maryland (Liberal logic - the ultimate oxymoron!)
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To: fatnotlazy
“The documents may already be gone”

Maybe Sandy Burgler was nosing around? Seriously you could be onto something. Maybe they have been deeped sixed, and that is what they are hiding. I would imagine that is a felony by itself?

Is there a way for Repubs to confirm they still physically exist?

18 posted on 06/21/2012 1:21:03 PM PDT by DAC21
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To: In Maryland
I think you underestimate Issa - he has more than enough documents to show that Holder committed perjury numerous times in front of Congress. Like a good card player, he hasn't shown his hand before he has to. Before the vote in the House, I expect there will be a document dump that will have all but the most mentally deformed Deomcrats running from Holder as fast as they can.

Absolutely. There's no doubt in my mind that Issa has many, many documents already provided by whistleblowers. At this point, only he and his staff know what he's got. The Justice Department (and Obama) can only guess how damaging they are.

19 posted on 06/21/2012 1:23:10 PM PDT by Bob
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To: In Maryland
” I expect there will be a document dump that will have all but the most mentally deformed Deomcrats running from Holder as fast as they can”

I guess the runners would be Blue Dog Dems, all five that are left. If it happens it will be a blast hearing from those nitwits of the CBC (less Col. West of course)

20 posted on 06/21/2012 1:26:38 PM PDT by DAC21
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To: NEMDF
If he is not convicted until after the inauguration, then 0bama will not be able to pardon him, is this correct? Obama will likely pardon all his henchmen on his way out the door.

As was Nixon, the President can pardon people from crimes as yet unproven.

21 posted on 06/21/2012 1:28:27 PM PDT by okie01
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To: DAC21

What I got from Rush yesterday was that he believes that Issa, et al, have the information already from whistle blowers, and they just don’t want to expose them, that’s why they’re subpoenaing the docs from Holder.


22 posted on 06/21/2012 1:28:46 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: In Maryland
“Yes, he can be pardoned in advance of conviction”

Humm, that would be an interesting scenario, you know this runs deep with many scumbags involved. Bambi would have to name names during the Pardon process, I doubt he could just make a blanket pardon, then again he is the King.

23 posted on 06/21/2012 1:31:35 PM PDT by DAC21
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To: In Maryland

“I think you underestimate Issa”

Right. 18 months of screwing around by Issa to get it to this point, timed perfectly to remain in the voters minds long enough to see it through the election.

Who are we kidding here?

This will be all thunder and lightning until after the election and then everybody decides to give the Dems another chance and drops the Issue.

How many more times do we let Lucy hold the football for our Charlie Brown?

Holder walks. Obama goes off on mega buck speaking tours like Clinton, and we Encourage the Left to do it all over again.


24 posted on 06/21/2012 1:33:20 PM PDT by To-Whose-Benefit? (It is Error alone which needs the support of Government. The Truth can stand by itself.)
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To: DAC21

“Can he be pardoned in advance of conviction?”

The Great Clinton pardoned a fugitive from justice....


25 posted on 06/21/2012 1:38:43 PM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: To-Whose-Benefit?

But the civil lawsuits filed by the Killed Agents families will go on. Someone correct me by Pardons don’t cover civil liability only criminal.


26 posted on 06/21/2012 1:42:47 PM PDT by VRWCarea51
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To: NEMDF

He will dish out a shit load of pardons before he leaves.


27 posted on 06/21/2012 1:44:47 PM PDT by boomop1 (term limits will only save this country.)
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To: NEMDF

True.


28 posted on 06/21/2012 2:35:38 PM PDT by Anti-Bubba182
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To: kingattax

I don’t know who I hate more.....Him or that Effin POS 0bama.......


29 posted on 06/21/2012 2:37:40 PM PDT by geege
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To: boomop1

“He will dish out a shit load of pardons before he leaves.”

And then release all his muzzie brothers from Gitmo while he’s at it.

ABO!


30 posted on 06/21/2012 3:07:42 PM PDT by panaxanax (Voting 'Third Party' will ensure a Communist-Marxist-Socialist dominated Supreme Court!)
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To: kingattax

You, the American voter, have a limited say in the matter.

Here are your choices:

1. Vote to pardon Holder

2. Vote to appoint Holder to the Supreme Court

You can stamp your feet and hold your breath, but those are your two actual votes.

Pick one.


31 posted on 06/21/2012 3:10:47 PM PDT by samtheman (If we want Obamugabe out, we must vote him out.)
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To: VRWCarea51

You’re right. Aside from a civil case, these dirtbags are above the law if 0bama chooses to make it so, and well they know it. No wonder they behave so feloniously, and with such insufferable arrogance, to boot.


32 posted on 06/21/2012 3:16:22 PM PDT by BlatherNaut
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To: NEMDF

A pardon can be issued anytime, even before an indictment.


33 posted on 06/21/2012 4:24:09 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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