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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 ...


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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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