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Issa letter to Obama: So the White House is involved in Fast and Furious, then?
Hotair ^ | 06/26/2012 | Ed Morrissey

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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: 2deadfeds; 300deadmexicans; atf; banglist; dea; dhs; doj; fastandfurious; fbi; gunrunner; gunwalker; holder; ice; issa; murdergate; obama
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1 posted on 06/26/2012 7:37:36 AM PDT by SeekAndFind
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To: SeekAndFind; MestaMachine; Nachum; Joe Brower; Lazamataz; marktwain

MURDERGATE:

"Gun control under the radar."

The trail is getting hotter...and closer...

2 posted on 06/26/2012 7:41:48 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Big Giant Head

Ping


3 posted on 06/26/2012 7:43:47 AM PDT by listenhillary (Courts, law enforcement, roads and national defense should be the extent of government)
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To: SeekAndFind

Good. Keep the heat on.


4 posted on 06/26/2012 7:46:48 AM PDT by MichaelCorleone (The GOPe has played us like a violin for the last time; high time to build the Constitution Party.)
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To: Joe Brower; Travis McGee; LucyT; vette6387; MetaThought; 60Gunner; XHogPilot; FreedomPoster; ...

Maybe Issa finally has his smoking gun. I don’t think he would do this unless he did. But we will see.


5 posted on 06/26/2012 7:50:58 AM PDT by MestaMachine (obama kills)
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To: SeekAndFind
This withHOLDERgate is going no where. They both should be impeached. BUT we have conservative am talkers saying the GOP has to get off this kick - Romney has to get back on the economy and leave poor Obozo/withHOLDER alone. IT turns the moderates, undecided, turn away from the GOP.
6 posted on 06/26/2012 7:52:23 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: SeekAndFind

Maybe it’s time to subpoena Obama. The guy is such an idiot, it would make for good entertainment, if nothing else.


7 posted on 06/26/2012 7:56:27 AM PDT by Jaidyn
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To: SeekAndFind

This appears to contradict the numerous FR posters who continually claim that Issa is a wimp doing nothing but getting played by Obama.


8 posted on 06/26/2012 7:57:44 AM PDT by karnage
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To: Jaidyn
Maybe it’s time to subpoena Obama.

Can an emperor be subpoenaed?

9 posted on 06/26/2012 7:59:28 AM PDT by Right Brother
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To: MestaMachine
Maybe Issa finally has his smoking gun.

To this day, I believe that F&F originated in Hillary's Department of State. While Holder is certainly capable of as much on his own, I doubt seriously that he would rig a gambit like this involving another country without DOS consent. He's too much of a coward not to assure that he won't be hung out to dry on his own.

I can see no other objective in this game worth the risk other than the complete destruction of the Second Amendment pursuant to the UN Small Arms Treaty. That's her turf too.

10 posted on 06/26/2012 8:01:56 AM PDT by Carry_Okie (The Slave Party: advancing indenture since 1787.)
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To: Carry_Okie

I agree with you...and THAT is the reason obama exerted executive privilege.


11 posted on 06/26/2012 8:07:16 AM PDT by MestaMachine (obama kills)
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To: SeekAndFind

wouldnt it be interesting if the docs showed Gabby Giffords perp to have used one?


12 posted on 06/26/2012 8:07:44 AM PDT by Revelation 911 (How many 100's of 1000's of our servicemen died so we would never bow to a king?" -freeper pnh102)
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To: karnage

Issa has been “operating under the radar”. Love it.
Looks like baraq is getting played by Issa while giving the impression of the opposite. Especially since baraq tried to use executive privaledge.


13 posted on 06/26/2012 8:09:06 AM PDT by Texas resident (November 6 - Vote Against obama)
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To: Revelation 911

I have often wondered that.


14 posted on 06/26/2012 8:12:01 AM PDT by RushIsMyTeddyBear (Wings cannot be redistributed, they can only be broken. ~ Oleg Atbashian (People's Cube))
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To: MestaMachine

Issa has plenty of smoking guns. Going to be lots of October surprises.


15 posted on 06/26/2012 8:18:21 AM PDT by SeaHawkFan
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To: Revelation 911
Agents were worried at the time, that might be the case.....but it was not. Agents worried ATF program connected with Loughner gun
16 posted on 06/26/2012 8:20:42 AM PDT by Girlene
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To: Carry_Okie

Originated, dunno. Involved, yes.
Hillary would have Holder’s head on a platter if his subordinates facilitated violent crimes in another country without her notification & approval.
And, of course, something that severe linking DoJ with DoS _must_ have POTUS approval.

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).


17 posted on 06/26/2012 8:41:54 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: MestaMachine

GOP, take a good, hard look at Congressman Issa:

This is what a REAL Republican looks like.

Cowboy the hell up and support him.


18 posted on 06/26/2012 8:54:43 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: ctdonath2

It has to be considered that Obama will pardon anyone that appears to be implicated.


19 posted on 06/26/2012 8:56:38 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: karnage

There are a lot of bed wetters, hand wringers and wet blankets around. ;-)


20 posted on 06/26/2012 9:06:47 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Durus

Only sitting Presidents can pardon.
Imprisoned ex-Presidents cannot.


21 posted on 06/26/2012 9:22:03 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: TigersEye

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...


22 posted on 06/26/2012 10:09:27 AM PDT by karnage
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To: ctdonath2

Zero will try to turn the Military on America before he is held legally accountable for anything.


23 posted on 06/26/2012 10:09:51 AM PDT by VRWCarea51
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To: VRWCarea51

“try” being the operative word.
That attempt would just make it that much easier to remove him.


24 posted on 06/26/2012 10:20:24 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: ctdonath2

“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..


25 posted on 06/26/2012 10:31:46 AM PDT by CodeToad (Homosexuals are homophobes. They insist on being called 'gay' instead.)
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To: Carry_Okie
I can see no other objective in this game worth the risk other than the complete destruction of the Second Amendment

I believe there is a memo/email/audiotape-type record on an administration official saying exactly this... that F&F could be a way to further the regime's anti-2A goals.
26 posted on 06/26/2012 10:34:51 AM PDT by snowrip (Liberal? You are a socialist idiot with no rational argument.)
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To: VRWCarea51

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.


27 posted on 06/26/2012 10:38:15 AM PDT by jayrunner
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To: MestaMachine

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.


28 posted on 06/26/2012 10:40:40 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: Cheerio

“BUT we have conservative am talkers saying the GOP has to get off this kick”

Who? Name some names!


29 posted on 06/26/2012 10:47:06 AM PDT by vette6387
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To: CodeToad
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..

DNC September 3-6, Machiavellian release date, Monday September 10.
30 posted on 06/26/2012 10:52:26 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: karnage

I agree. He’s been a bulldog.


31 posted on 06/26/2012 11:15:29 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: VRWCarea51

The Military would turn on Zero or any other president before they would turn on America.


32 posted on 06/26/2012 11:25:05 AM PDT by rottndog (Political Correctness KILLS...)
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To: Cheerio

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.


33 posted on 06/26/2012 11:43:01 AM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: Cheerio
BUT we have conservative am talkers saying the GOP has to get off this kick

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.

34 posted on 06/26/2012 11:51:25 AM PDT by tsowellfan (Should Obama recuse himself from making any decisions on immigration?)
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To: vette6387

Who? Name some names!

Micahael Meds


35 posted on 06/26/2012 11:51:54 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: VRWCarea51

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.


36 posted on 06/26/2012 11:54:33 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: CodeToad

Don’t get distracted.
Playing games that way loses.


37 posted on 06/26/2012 11:54:56 AM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: vette6387
posted June 22 http://www.freerepublic.com/focus/news/2898534/posts?page=14#14
38 posted on 06/26/2012 12:01:33 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: TigersEye

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!”


39 posted on 06/26/2012 12:19:00 PM PDT by Tucker39 ( Psa 68:19Blessed be the Lord, who daily loadeth us with benefits; even the God of our salvation.KJV)
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To: ctdonath2
"Only sitting Presidents can pardon. Imprisoned ex-Presidents cannot."

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.

40 posted on 06/26/2012 1:08:06 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: NFHale

” GOP, take a good, hard look at Congressman Issa:

This is what a REAL Republican looks like.”

Yeah, and we may have about 4 left in the whole country......


41 posted on 06/26/2012 1:56:24 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: stephenjohnbanker

“...Yeah, and we may have about 4 left in the whole country....”

Well, that’s a good start, brother!!! :^) At least it ain’t only three!!!

One man can be a positive example to many. One man with courage can be infectious.


42 posted on 06/26/2012 2:38:12 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Tucker39

I was referring to people who post about how long it’s taking to do anything, that nothing will ever happen and that Issa has no balls.


43 posted on 06/26/2012 3:08:16 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: rottndog; jayrunner; VRWCarea51; ctdonath2; MrB
The Military would turn on Zero or any other president before they would turn on America.

Douglas MacArthur drove tanks on 15000 unarmed unemployed hungry WWI veterans during the Bonus March protest. The 101st lined up against the "will of the people of Arkansas" at the direction of Ike for civil rights.

During 9/11, F-16's were armed and prepped to take out a commercial airliner.

Especially if it appears to be an existential crisis, the military will follow orders.

So you could be right, but there's a plenty of examples of the US military favoring their command structure first and "turning on" whoever the President says is the bad guy.

The opposition to a standing army by the founders was exactly because they knew we could find ourselves wondering who's side they'll be on.

44 posted on 06/26/2012 3:39:16 PM PDT by sam_paine (X .................................)
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To: sam_paine

whose side they’d be on... I meant.


45 posted on 06/26/2012 3:43:37 PM PDT by sam_paine (X .................................)
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To: rottndog; jayrunner; VRWCarea51; ctdonath2; MrB

Actually rottdog, you beg an interesting question.... Is there ANY example in modern history of the US Military turning on their commanders in deference to citizens?

I think we all agree that the local police forces are loading up on GI Joe accouterments, we can guess which side the union cops will take.

Have we any examples of the US Military standing down rogue policing operations to protect citizens? In New Orleans? In Waco? Anywhere? Or do they just provide assistance in the form of advisors or just watch with observers?


46 posted on 06/26/2012 4:05:42 PM PDT by sam_paine (X .................................)
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To: jayrunner

“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.”

Or maybe it was Nixon who told the JCS to ignore Haig....lolololol


47 posted on 06/26/2012 4:47:59 PM PDT by Forty-Niner (The barely bare, berry bear formerly known as..........Ursus Arctos Horribilis.)
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To: sam_paine

The New Orleans confiscations stopped quick when other departments objected. Whatever happened was kept quiet but worked.


48 posted on 06/26/2012 5:12:39 PM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com)
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To: Travis McGee

IMHO there was another purpose besides gun control: The arming of reconquista guerillas in Texas, New Mexico , and Arizona, based in and working out of federal lands in these states. Few understand the scope of Obama’s usurpation, or why it would be done. Obama is a fascist*. Few understand that. We have the worst possible enemy of the People sitting in the White House.

Holder and Obama have perpetrated acts of war on Mexico , which have resulted in the genocide deaths of 300+ Mexican citizens, and two US BATF agents, and maybe more.As such they both are war criminals who deserve arrest, trial and execution.

Thats the ugly truth in total.

*
See:
http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html


49 posted on 06/26/2012 6:19:40 PM PDT by Candor7 (Obama fascism article: http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Candor7

I’m sure that Sinaloa cartel was generous with political figures in order to get the special treatment it got.


50 posted on 06/26/2012 6:35:14 PM PDT by little jeremiah
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