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.
Only sitting Presidents can pardon.
Imprisoned ex-Presidents cannot.
I’m as cynical about elected officials as any guy who grew up in Chicago, but Issa is pushing this pretty hard. I think he deserves an attaboy...
Zero will try to turn the Military on America before he is held legally accountable for anything.
“try” being the operative word.
That attempt would just make it that much easier to remove him.
“Issa just informed the Obama “last chance; how do you want this to go down? because it - and you - will.” He hasn’t been in a hurry (as some FReepers have agonized over) because he’s in a very high stakes game of chess: loser rots in prison (or some equivalent).”
Not to mention the DNC hasn’t had their convention yet whereby their nominate Zero as their candidate. If Issa pulls the trigger right now then the DNC would have time to get someone else in as the candidate and perhaps win the election. Right now it looks like Romney will clean Zero’s clock. Not to mention, by getting this resolved closer to the election other seats in Congress become weaker for the DNC to win as Issa points to the Democrats as responsible for this..
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.
I believe this was from a Theodore White book. My apologies to the author and/or Mr. White if this isn’t a accurate quote.
I have heard Sean Hannity say that both Issa, and Grassley, the ranking member of the Senate Judiciary Committee have more info than they have stated publicly, and at the appropriate time... Let us just say that things could get interesting.
“BUT we have conservative am talkers saying the GOP has to get off this kick”
Who? Name some names!
I agree. He’s been a bulldog.
The Military would turn on Zero or any other president before they would turn on America.
This withHOLDERgate is going no where.
A man’s dead, and other men like the man who died are charged with protecting the border. If we drop it, what message does that send to the people who are still attempting to do that job.
“Take the bribe, because your government has already painted the bullseye on your ass, amigo. Spend this envelope full of money in good health.
As such, I’m afraid ‘dropping this’ isn’t a viable alternative for any elected official worthy of their oath. Those with that opinion should either resign, or prepare themselves for the day nobody responds when they dial 911.
That’s what makes this different than Watergate. Watergate was crap in comparison. An overblown tempest in a teapot engineered by a compliant press and a collection of cowards.
Really!? Hmmm... who are you listening to? I have not heard any of my talker faves even come close to say that. I don't doubt you. I'm just curious who it is saying that so I know who to avoid listening to.
Romney has to get back on the economy and leave poor Obozo/withHOLDER alone.
I believe it's better that Romney allow those elected officials focus on the Fast & Furious investigation. I think Romney should focus his campaign on Obama's economic, foreign and energy policies and the power grabbing he utilizes to push forward those policies. I do think Romney should touch on the Fast & Furious issue in his speeches and also speak about the Obama vs Arizona debacle.
I would like him to say that as President he will make sure that Fast & Furious investigation will continue and justice will be served for all the deaths that had occurred no matter how high up the ladder those responsible may be.
Who? Name some names!
Micahael Meds
Though it’s well on the way,
the left hasn’t “queered” the military enough to get the majority of its members to act as their own tyranical police force.
Don’t get distracted.
Playing games that way loses.
If I may.....You left out “hankie twisters.” John Boehner comes to mind. And if he isn’t one, let him prove it and I’ll be THRILLED to apologize and tell him, “You da’ MAN!”
Obviously. This President will not allow himself to be impeached and thrown in jail though. If it begins to look like this is more than a possibility he would resign and have Biden pardon him. Not that I am opposed to him resigning but preferably everyone and anyone that planned and executed operation "Fast and Furious" should be in jail.
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