Can Obama make an executive-privilege claim stick?

posted at 8:41 am on June 21, 2012 by Ed Morrissey

This is actually two questions, both equally important, thanks to the calendar.  Will Barack Obama’s claims of executive privilege work legally, and will it work politically?  We’re more likely to find the answer to the second question before we find the answer to the first, as the presidential election will arrive before any definitive court ruling on the action yesterday from Obama and Attorney General Eric Holder.  In my column for The Fiscal Times, I predict that Obama will lose on both counts:

A Congressional Research Service analysis from 2008 makes the need for presidential involvement in a claim of executive privilege quite clear, quoting from US v Espy, a Clinton-era case:

“Not every person who plays a role in the development of presidential advice, no matter how remote and removed from the President, can qualify for the privilege. In particular, the privilege should not extend to staff outside the White House in executive branch agencies. Instead, the privilege should apply only to communications authored or solicited and received by those members of an immediate White House advisor’s staff who have broad and significant responsibility for investigation and  formulating the advice to be given the President on the particular matter to which the communications relate. Only communications at that level are close enough to the President to be revelatory of his deliberations or to pose a risk to the candor of his advisers.”

Therefore, the Obama administration can’t claim executive privilege for actions that don’t involve the President, or his immediate staff in advising the President.  The claim of privilege appears a tacit admission that previous claims that Obama and his White House staff were unaware of Operation Fast and Furious and uninvolved in it were false. That opens up potential criminal charges for anyone who testified differently under oath for perjury and obstruction of justice – the end results of most executive-branch scandals, most famously in Watergate. …

By asserting executive privilege, the Obama administration has made it clear that they fear the exposure of ATF and Department of Justice documentation, and that Obama himself has some connection to the papers.  The question that arises has more than a whiff of Watergate to it: what did the President know, and when did he know it?  Thanks to the claim of executive privilege, the media will no longer be able to ignore the deadly outcomes of Operation Fast and Furious, and the timing of this scandal could ensure that Obama won’t have the ability to call on executive privilege after January.

My good friend and target-shooting partner John Hinderaker says that Espy is more complicated than that, but still believes that Obama’s assertion of privilege is frivolous:

Holder’s letter is a remarkable document. Viewed from a strictly technical standpoint, it is a terrible piece of legal work. Its arguments are weak at best; in some cases, they are so frivolous as to invite the imposition of sanctions if they were asserted in court. I will explain why momentarily, but first this observation: if an opposing party requests documents that plainly are protected by a privilege, a lawyer will routinely assert the privilege, on principle, even though there is nothing hurtful to his case in those documents. On the other hand, a lawyer will not assert a lousy claim of privilege unless he badly wants to keep the documents in question out of the opponent’s hands because of their damaging nature. If I am correct that the administration’s assertion of executive privilege is baseless, it is reasonable to infer that the documents, if made public, would be highly damaging to President Obama, Attorney General Holder, or other senior administration officials. …

[T]he case that is most directly pertinent to Holder’s assertion of executive privilege isIn re Sealed Case (Espy), 121 F.3d 729 (D.C. Circuit 1997), which, along with Judicial Watch v. Department of Justice, 365 F.3d 1108 (D.C. Cir. 2008), cites and relies upon Espy, contains the most up to date judicial exposition of the doctrine of executive privilege. Unbelievably, Holder’s letter never cites or mentions the Espy case. If a first-year associate wrote a memorandum for me in which he failed even to mention the most significant case, I would fire him….

But Holder’s letter completely fails to acknowledge what a weak reed the “deliberative process privilege” is in the circumstances of this case. In Espy, the court said:

The deliberative process privilege does not shield documents that simply state or explain a decision the government has already made or protect material that is purely factual….

The deliberative process privilege is a qualified privilege and can be overcome by a sufficient showing of need. … For example, where there is reason to believe the documents sought may shed light on government misconduct, ‘the privilege is routinely denied,’ on the grounds that shielding internal government deliberations in this context does not serve ‘the public’s interest in honest, effective government.’”

As John notes, Darrell Issa narrowed his document request in the subpoena in question to issues and documents relating to false testimony given by DoJ officials in Congress.  That is specific to government misconduct, which also means Espy applies and the privilege doesn’t exist, especially the “deliberative process” brand of privilege.

Former DoJ attorney J. Christian Adams declares the assertion of privilege flat-out illegal, quoting from a statement by former House Judiciary Chair James Sensenbrenner, speaking about Espy (cited as Sealed Case) as well:

It continued:  “Moreover, the privilege disappears altogether when there is any reason to believe government misconduct occurred.”   In Re: Sealed Case, 121 F.3d 746 (D.C. Cir. June 17, 1997, No. 96-3124).

The First Circuit agreed.  It found that, where there is reason to believe the documents sought may shed light on government misconduct, “the privilege is routinely denied,” on the grounds that shielding internal government deliberations in this context does not serve “the public’s interest in honest, effective government.”  Texaco Puerto Rico, Inc. v. Department of Consumer Affairs, 60 F.3d 867, 885 (1st Cir. 1995); see also In re Comptroller of the Currency, 967 F.2d at 634 (“the privilege may be overridden where necessary to ‘shed light on alleged government malfeasance.’”)

The Department literally asserted this privilege in the face of Congressional contempt proceedings.  It clearly cannot argue that there is no reason to believe that government misconduct occurred.  The assertion of the privilege was therefore illegal.

Clearly, Obama won’t win the legal argument.  What about the political argument?  The White House is certainly trying to shrug this off as a partisan election strategy on the part of House Republicans, but the connection of Operation Fast and Furious to the deaths of two American law-enforcement officers makes that a very risky strategy.  Until the assertion of privilege, most of the media had ignored the story — but asserting executive privilege, especially on the 40th anniversary of Watergate, has forced everyone to start reporting on OF&F.  The Washington Post lays out the risk in its analysis:

On Wednesday, his role had changed, but the debate was the same: Republican were asking what exactly Obama was trying to hide by invoking his right to executive privilege for the first time. The administration is refusing to turn over documents related to the Justice Department’s “Fast and Furious” operation, which involved the flow of illegal guns to Mexico. A House committee on Wednesday voted to find Attorney General Eric H. Holder Jr. in contempt of Congress for failing to turn over the documents.

The answers to his critics’ questions could have broad implications for Obama five months before voters decide whether to grant him a second term. The expected protracted legal dispute has the potential to embarrass and distract the White House during the heart of the reelection campaign. Obama’s assertion of privilege quickly became fodder for his political opponents, who have latched onto the Fast and Furious scandal to accuse the president of trying to avoid congressional scrutiny.

Even if Obama can convince people that partisan politics is driving the confrontation, most people will want to get to the bottom of how an ATF operation contributed to the deaths of two Americans and hundreds of Mexicans while arming drug cartels.  Bloomberg News’ editorial today gripes about the partisanship on both sides, for example, but also says that the Oversight Committee is right, and the documents need to be released:

Democrats say efforts by the U.S. House Oversight and Government Reform Committee to hold Attorney General Eric Holder in contempt of Congress over a botched gun- sting operation are a partisan stunt. They are right about the politics. The committee is nevertheless right on the merits.

Holder should turn over the Justice Department documents Congress has demanded.

Here’s why. The controversy stems from a misguided effort to stem the flow of U.S. weapons to Mexican drug cartels. Starting under the George W. Bush administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed thousands of guns to be bought by so-called straw purchasers in the U.S. The agency then attempted to track the firearms as they found their way into the hands of Mexican traffickers.

Operation Fast and Furious, initiated in 2009, was the largest and last of these “gunwalking” stings, involving more than 2,000 firearms. It was a monumental failure: Only about a third of the guns have been recovered, and two weapons involved were found where U.S. Border Patrol agent Brian Terry was fatally shot on Dec. 14, 2010.

The only way to salvage something positive from this fiasco is to investigate what went wrong and learn from the mistakes. Instead, the Justice Department seems intent on burying the past.

The DoJ’s refusal to cooperate, especially on a probe of false testimony given by government officials to Congress, makes it clear that the administration thinks it has something to hide — from Obama on down.  He might get a day or two of sympathy about having to deal with big meanie Republicans, but the hundreds of deaths that occurred in this operation and the dishonesty from Obama’s administration during the probe will erode that very, very quickly.  Both sides of this arguments are losers, and the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week.  If they do that now, whatever embarrassing materials that do arise have a few months to lose their sting before the election.


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Most of the regs here like them.

Resist We Much on June 21, 2012 at 10:17 AM

Sorry, dudette: how do you know that?

pain train on June 21, 2012 at 10:20 AM

o/t

RULED: Union must give fee increase notice…

‘The majority thus decides, for the very first time, that the First Amendment does require an opt-in system in some circumstances [for union dues]: the levying of a special assessment or dues increase’

Resist We Much on June 21, 2012 at 10:20 AM

Most of the regs here like them.

Resist We Much on June 21, 2012 at 10:17 AM

Sorry, dudette: how do you know that?

pain train on June 21, 2012 at 10:20 AM

Quit being a jerk.

SWalker on June 21, 2012 at 10:21 AM

I fear the problem is more complicated. I think the deliberative process being hidden here relates more to gun control in the US than to walking the guns into Mexico.

Putting the guns over the border is a good idea like pouring dyed water on your roof to find a leak. You will only find the leak when it is leaking and you will only find the guns when they are being used.

Deaths become data points in tracking and predicting movement of these walked guns. No other way to track these weapons was established…they always planned to track the guns by the crimes committed and that will be part of the deliberative process. That callousness is bad enough but the other part of the deliberative process is how is the data used?

The trail will flow from one gun shop in south Texas to literally hundreds of crime scenes in northern Mexico. The horrific tally of death and crimes will prove beyond a doubt that the only solution is to outlaw gun shops in southern Texas. That is the deliberative process in question here.

Think of it this way, the way F&F was set up, there is only one logical problem statement: Determine if guns purchased in Texas are being used in crimes in Mexico.

How do you gather data to prove this problem statement? You record the serial numbers, sell the weapons, and analyze the crime scenes.

That sounds like F&F in application. If that is written down as part of the deliberative process…the only choice Obama has is to refuse to comply. To apply privilege, the chances of this hurting his re-election must be greater with disclosure.

One last thought, Obama cannot fire Holder. Imagine the deliberative process an angry Holder could disclose about the Black Panthers….Obama needs to keep Holder off the bookshelves.

sgmstv on June 21, 2012 at 10:23 AM

Sorry, dudette: how do you know that?

pain train on June 21, 2012 at 10:20 AM

Because they tell me so….here, in email, and on my blog. In fact, you two are the first complainers.

Resist We Much on June 21, 2012 at 10:26 AM

A pardon means that Holder is beyond prosecution.

He is not beyond testifying.

…..

Holder, free and clear, can sing like a bird …

ajacksonian on June 21, 2012 at 10:14 AM

First, Holder will never sing. Two, you imply that F&F can be linked to ‘O’ via Congressional investigation.

Congress has been at this for over a year and has not yet linked anything to Holder.

If ‘O’ fails to win re-election, Congress had better spend every waking minute undoing everything ‘O’ has done.

Wasting time on F&F would be the equivalent of ‘O’ wasting two years on Obamacare.

On second thought, that will likely be exactly what they do. Crap!

Carnac on June 21, 2012 at 10:28 AM

Quit being a jerk.

SWalker on June 21, 2012 at 10:21 AM

Asking RWM to refrain from continually posting, in the comments section, URL’s to her website makes me a jerk?

pain train on June 21, 2012 at 10:30 AM

One last thought, Obama cannot fire Holder. Imagine the deliberative process an angry Holder could disclose about the Black Panthers….Obama needs to keep Holder off the bookshelves.

sgmstv on June 21, 2012 at 10:23 AM

Holder sing? About the Black Panthers?
(ignore the question marks as they don’t require a response)

Carnac on June 21, 2012 at 10:36 AM

Wasting time on F&F would be the equivalent of ‘O’ wasting two years on Obamacare.

On second thought, that will likely be exactly what they do. Crap!

Carnac on June 21, 2012 at 10:28 AM

Are you saying the GOP can’t walk and chew gum at the same time?

That’s what I dislike about the whole “Romney wants this to be about the economy” schtick. As if Issa and his committee cannot investigate while everyone else does whatever the hell they want to.

There are only 40 members on the committee.

What good is naming it the Committee on Oversight & Government Reform if they don’t provide oversight or attempt to reform bad parts of government?

ButterflyDragon on June 21, 2012 at 10:37 AM

Marco Rubio has now called for Eric Holder to resign.

si se puede!

ted c on June 21, 2012 at 10:39 AM

The controversy stems from a misguided effort to stem the flow of U.S. weapons to Mexican drug cartels.

Holder’s and DOJ’s persistent stonewalling, and now the assertion of Executive Privilege suggests that the withheld documents will reveal just about the opposite: this was a deliberate effort to put more U.S. weapons into the hands of the Mexican drug cartels. Who presumably would use them on people. Why?

During the meeting [between gun control advocate Sarah Brady and Press Secretary Jay Carney], President Obama dropped in and, according to Sarah Brady, brought up the issue of gun control, “to fill us in that it was very much on his agenda,” she said. “I just want you to know that we are working on it,” Brady recalled the president telling them. “We have to go through a few processes, but under the radar.”

Under claims of Executive Privilege, too.

de rigueur on June 21, 2012 at 10:41 AM

Portia
Infuriating
Teds linky explains it perfectly ….yet again an actual report from across the pond

cmsinaz on June 21, 2012 at 10:04 AM

Good summation but not even close to the whole story. It’s fascinating that Obama’s justification for executive privilege here is that he has a right to withhold information about discussions as to HOW they would deal with this. That is precisely what Nixon claimed.

We all need to start remembering the ONE thing that separates us from all governments past and present is the rule of law. Without it, we will be Mexico or Cuba or China. One law for thee but not for me. Most Americans voluntarily obey the laws because most Americans view them as just. When they see that it all depends on who you are, they will cease obeying. Anarchy, which is step one to dictatorship.

Portia46 on June 21, 2012 at 10:43 AM

…and the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week.

Not if the documents suggest the President was more directly involved than he has been portrayed up to this point. My mind always goes back to his comment to Ms Brady about working on gun control ‘under the radar’ and I think this project was a big part of that. As an aside, I like many others here think the Republicans can be pretty spineless too often. With this affair being drawn out as long as it has and even getting to the point of a contempt vote, I gotta believe Issa must really have something on Holder.

DaveDief on June 21, 2012 at 9:19 AM

I believe this is about Valerie Jarrett. Little Bammie is too lazy and hands-off to have masterminded F&F. Perhaps Jarrett mentioned what she was doing to LB and he nodded assent, -no more than that.

Now both Holder and LB have to protect Jarrett, because she is little Bammie’s brain and the CPU of his administration. Jarrett can’t be thrown under the bus, if anything she is the only one that can throw little Bammie under the bus.

slickwillie2001 on June 21, 2012 at 10:45 AM

Hiding documents never looks good in a political year. This is not going to help Obama.

Dollayo on June 21, 2012 at 8:51 AM

Exactly…..

Yes the MSM will howl and whine about “but Bush”….and “witch hunt”….and everyone’s “a racist”……

But Americans are growing de-synthesized to these lame themes and distractions.

At the end of the day…..People are going to say “What is the President hiding”……

………..and now millions of people that still linked “Fast-n-Furious” to a movies are now finding out that the OBama administration knowingly sold assault weapons to Mexican Cartels.

All the “but Bush” whining in the world is not going to stop millions of Americans to say “how could they do something so stupid”….. “what’s that…hundreds of Mexicans killed…what the he!!”..
………….and as the two border guards families start to get more attention……Americans overall are going to believe they need justice.

This looks and smells like a cover-up and the democrats can’t spin their way out of it.
Remember….all of the lame accusations and talking points coming from democrats have not included a single credible defense of what Obama/Holder have done.democrats have only tried to deflect with race baiting and blaming Bush.

Bloomberg article is a prime example of how the democrats are going to lose this…..no matter the politics….

“Holder should turn over the Justice Department documents Congress has demanded.”

…….is still the conclusion most analyst will come to.
And when and if they do……they are busted.
Obama loses either way on this…..the way he is taking now will just take longer and he will still have the benefit of “no smoking gun” for a while longer.
But either way…..his corruption has caught up to him.

The Amateur and Chief.

Baxter Greene on June 21, 2012 at 10:47 AM

Can Obama make an executive-privilege claim stick?

…why not?…everything JugEars does is sticky!

KOOLAID2 on June 21, 2012 at 10:47 AM

What we really need is a hacker whistle-blower in the DoJ.

The Rogue Tomato on June 21, 2012 at 9:33 AM

Agreed. No more lying. And watching them squirm would be fun as well.

magicbeans on June 21, 2012 at 10:50 AM

Congress has been at this for over a year and has not yet linked anything to Holder.

Carnac on June 21, 2012 at 10:28 AM

He’s already been linked to the cover-up. Flat out false testimony before the Oversight Committee and a flat out false letter to same, all now “rescinded.” He lied about DOJ’s knowledge of Fast and Furious, beginning with the assertion that it was a rogue Phoenix BATF operation that no one else knew about, when in fact high officials in his own department knew what was going on even before Agent Terry was murdered; he lied about former USAG Mukasey in an attempt to implicate him; he’s completely failing to cooperate now with a legitimate Congressional investigation (and will deservedly be charged by the House with contempt of Congress or Boehner wouldn’t have the nerve to bring it to the floor). Sure, his defense will be– as it has been– that he was “misinformed” by subordinates. Maybe, but that’s what the requested documents will show. Or not. He’s in it so deep, the flailing about to grab onto Executive Privilege as a life-saver is transparent to everyone.

It’s not the original crime, it’s the cover-up. There’s plenty to link Holder to that.

de rigueur on June 21, 2012 at 10:52 AM

While many folks believe that “Fast and Furious” was an attempt to create an atmosphere to severely restrict 2nd amendment rights, there is a alternate theory that there is an immunity deal between U.S. and the Sinaloa cartel, which does lots of business in Chicago.

J_Crater on June 21, 2012 at 9:48 AM

Zowz.
Hadn’t heard that one yet.
Who/what/where is running with this?

verbaluce on June 21, 2012 at 10:54 AM

I believe this is about Valerie Jarrett. Little Bammie is too lazy and hands-off to have masterminded F&F. Perhaps Jarrett mentioned what she was doing to LB and he nodded assent, -no more than that.

Now both Holder and LB have to protect Jarrett, because she is little Bammie’s brain and the CPU of his administration. Jarrett can’t be thrown under the bus, if anything she is the only one that can throw little Bammie under the bus.

slickwillie2001 on June 21, 2012 at 10:45 AM

I believe you are right.

Every mess coming out of the White House has valerie Jarrett’s prints all over them.

Roy Rogers on June 21, 2012 at 10:54 AM

The Leftist/MSM meme will be far less complicated than all this: “They’re going after Holder because they’re RACIST!”

ConservativeLA on June 21, 2012 at 10:55 AM

It’s obviously just another delaying tactic to get past the election. There must be documents that show that they were purposefully doing this to produce “anecdotes” in support of stricter gun control. Any sort of willful intent, and this starts to look less like a botched law enforcement operation and more like a murder case. Clearly, they’ll got to any lengths to prevent that. I’d expect a pardon at the end of this road.

Progressive Heretic on June 21, 2012 at 10:56 AM

With this affair being drawn out as long as it has and even getting to the point of a contempt vote, I gotta believe Issa must really have something on Holder.

DaveDief on June 21, 2012 at 9:19 AM

And if he doesn’t, that what does that mean?
I can understand the need to really believe he really has something here. Because otherwise, what case can be made that it isn’t a dog & pony show?

verbaluce on June 21, 2012 at 10:58 AM

What good is naming it the Committee on Oversight & Government Reform if they don’t provide oversight or attempt to reform bad parts of government?

ButterflyDragon on June 21, 2012 at 10:37 AM

“Committee on Oversight & Government Reform” is a hysterical misnomer. $16T in debt and someone, anyone, has been providing “Oversight & Government Reform”? “Let them do their job.” Seriously?

I believe this is about Valerie Jarrett. Little Bammie is too lazy and hands-off to have masterminded F&F.

slickwillie2001 on June 21, 2012 at 10:45 AM

VERY, VERY likely to be accurate and provides the justification for executive privilege. Valerie Jarrett IS the puppeteer in the White House.

Carnac on June 21, 2012 at 10:59 AM

Fox reporting GOP willing to negotiate end to Fast n Furious dispute.

Smart move or RINO cave-in?

fogw on June 21, 2012 at 11:04 AM

“Let them do their job.” Seriously?

Oh magic Carnac: Don’t let them do their job? Seriously? What does 16T in debt have to do with any of this. How much debt did we have in Nixon’s time? Should a cover-up of a third rate burglary by the white house gone unpunished? Seriously?

oldroy on June 21, 2012 at 11:05 AM

Fox reporting GOP willing to negotiate end to Fast n Furious dispute.

Smart move or RINO cave-in?

fogw on June 21, 2012 at 11:04 AM

I think they are giving Holder and Obama more rope to hang themselves with.

oldroy on June 21, 2012 at 11:07 AM

verbaluce on June 21, 2012 at 10:58 AM

Sadly, those wiretaps which required upper level authorization, are still out there in full view. That info wasn’t provided by Holder….Issa got it from someone else. So, what happens when the mole keeps providing documents in light of Scooter’s EO? Is he allowed the same latitude as David Sanger’s sources?

a capella on June 21, 2012 at 11:08 AM

During a speech in 1995 Eric Holder says people need to be brainwashed into thinking negatively about guns.

http://www.youtube.com/watch?v=gYyqBxD-3xw

If brainwashing won’t work, lies and cover ups work.

Roy Rogers on June 21, 2012 at 11:09 AM

Congress has been at this for over a year and has not yet linked anything to Holder.

Carnac on June 21, 2012 at 10:28 AM

You do not know that. It is very likely that Issa has quite a bit on Holder. Issa has people inside the DoJ and Holder has perjured himself.

dogsoldier on June 21, 2012 at 11:10 AM

Remember when Obama declared a moratorium on deep-water offshore drilling after the BP fiasco, and the courts overturned it, then he reimposed it, and the courts…(lather rinse repeat)? It doesn’t matter to him whether his argument will hold water. All that matters is that the slow process of judicial response affords him cheap rent on months of doing (or not doing) what he damn well wants. And if they say no? Change one word of your argument, pretends it’s new, do it all over again.

sistrum on June 21, 2012 at 11:10 AM

…and the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week

But what if the evidence shows that Obama himself was involved from the get go? He would be cutting his own throat. Hah!

xrayiiis on June 21, 2012 at 11:14 AM

During a speech in 1995 Eric Holder says people need to be brainwashed into thinking negatively about guns.

http://www.youtube.com/watch?v=gYyqBxD-3xw

It seems to be working famously in Chicago. I wonder if Holder didn’t mean it to apply to his people.

a capella on June 21, 2012 at 11:15 AM

To Ed’s question –
‘ Can Obama make an executive-privilege claim stick?’ –
It’s interesting to see that the debate in conservative legal circles (volokh conspiracy, etc.) seems to be (suddenly) focused on whether EP is valid at all…not just in this case.
Of course it took Obama invoking EP for the debate to to move in that direction.
Regardless, it’s fair to accuse Obama of hypocrisy on the issue based on past statements.
But at the same time, there seems to be plenty of hypocrisy on the issue to go around.
So now the EP debate will be argued primarily from a partisan view.
And these days, that’s a perfect set up for SCOTUS ‘review’.

verbaluce on June 21, 2012 at 11:16 AM

Starting under the George W. Bush administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives allowed thousands of guns to be bought by so-called straw purchasers in the U.S. The agency then attempted to track the firearms as they found their way into the hands of Mexican traffickers.

This is a BOLD FACED LIE. NO EFFORT was made to “track” the guns. And the Mexican government wasn’t even told about the program.

GarandFan on June 21, 2012 at 11:18 AM

Obama is simply running the clock. He is going to lose the Executive Priveledge when it goes to court. However, the Supreme Court won’t meet again till October, Congress will be busy getting re elected, and win or lose Obama will pardon everyone involved.

jpmn on June 21, 2012 at 11:20 AM

So now the EP debate will be argued primarily from a partisan view.
And these days, that’s a perfect set up for SCOTUS ‘review’.

verbaluce on June 21, 2012 at 11:16 AM

Most divisive President ever.

No one administration has done more damage to civility and bipartisanship than Obama’s has done.

Roy Rogers on June 21, 2012 at 11:20 AM

Fox reporting GOP willing to negotiate end to Fast n Furious dispute.
Smart move or RINO cave-in?

fogw on June 21, 2012 at 11:04 AM

Boehner does NOT want this going forward. The House AND the Senate is potentially at stake. The “R”‘s can’t win this argument with independents given the MSM media.

Pre-election this is a loser regardless of right or wrong. I don’t much care for Boehner, he is a RINO, but on this issue he is correct.

“It’s the economy, stupid.”

Carnac on June 21, 2012 at 11:21 AM

Most divisive President ever.

Roy Rogers on June 21, 2012 at 11:20 AM

Hard to shake hands with folks when they have the backs turned and arms folded. And don’t forget they don’t do that as a reaction to anything he’s done…but as part of an established and expressed strategy by a party with one singular objective.
But look on the bright side…in the end, they may get their prize.

verbaluce on June 21, 2012 at 11:25 AM

Obama is simply running the clock. He is going to lose the Executive Priviledge when it goes to court. However, the Supreme Court won’t meet again till October, Congress will be busy getting re elected, and win or lose Obama will pardon everyone involved.

jpmn on June 21, 2012 at 11:20 AM

YUP! Except for losing in court. Valerie Jarrett is the reason executive privilege applies and will be upheld.

Pardons for Holder and VALERIE JARRETT.

Carnac on June 21, 2012 at 11:27 AM

It’s interesting to see that the debate in conservative legal circles (volokh conspiracy, etc.) seems to be (suddenly) focused on whether EP is valid at all…not just in this case.

Patently false. No one has brought up the overall validity of EP. In fact, conservatives are not even questioning it, realizing it dates back to the Founding Fathers and in certain instances (e.g. – in matters of national security), is necessary to invoke. On what exactly is O’Butthead going to base his assertion of EP? It’s the right thing to do? National security? Really?

This is all about running out the clock until November 6th. Of course, someone forgot to tell O’Butthead that the 4 corners offense doesn’t work in college basketball anymore, and it won’t here either.

ICanSeeNovFromMyHouse on June 21, 2012 at 11:28 AM

Hard to shake hands with folks when they have the backs turned and arms folded. And don’t forget they don’t do that as a reaction to anything he’s done…but as part of an established and expressed strategy by a party with one singular objective.
But look on the bright side…in the end, they may get their prize.

verbaluce on June 21, 2012 at 11:25 AM

I won!

a capella on June 21, 2012 at 11:29 AM

Hard to shake hands with folks when they have the backs turned and arms folded. And don’t forget they don’t do that as a reaction to anything he’s done…but as part of an established and expressed strategy by a party with one singular objective.
But look on the bright side…in the end, they may get their prize.

verbaluce on June 21, 2012 at 11:25 AM

Let’s start here.

“I won”.

At least attempt some intellectual honestly, mmkay?

ICanSeeNovFromMyHouse on June 21, 2012 at 11:30 AM

“It’s the economy, stupid.”

Carnac on June 21, 2012 at 11:21 AM

Obama’s Commerce Secretary resigns:
http://www.bloomberg.com/news/2012-06-21/u-s-commerce-secretary-john-bryson-resigns-after-medical-leave.html

So much for the “economy”

Back to prosecuting Obamagate.

Roy Rogers on June 21, 2012 at 11:30 AM

a capella on June 21, 2012 at 11:29 AM

Damn you! :)

Great minds and all.

ICanSeeNovFromMyHouse on June 21, 2012 at 11:31 AM

…the hundreds of deaths that occurred in this operation…

For people who are obsessed with the “rights” of illegal Mexican immigrants, the left sure seems unconcerned about hundreds of Mexican being killed.

KS Rex on June 21, 2012 at 11:31 AM

Fox reporting GOP willing to negotiate end to Fast n Furious dispute.

Smart move or RINO cave-in?

fogw on June 21, 2012 at 11:04 AM

That was stated by Issa and others during the Oversight Committee debate before the contempt report vote, that Holder could still, at any time, release the requested documents, before or after the vote, and end this.

As for Boehner not wanting this to proceed, he could have stopped it with only 6 Republican “aye” votes on any of the 3 Democrat amendments to the report that were offered (all failed on straight party lines), or a “no” vote on the Republican amendment which passed– any one of which would have been the signal to Issa not to proceed with the final vote, so that it never came to the floor of the House.

But the report holding Holder in contempt passed 23-17 with every Republican voting aye. Wouldn’t even have been voted on, much less approved by every Republican on the committee, if Boehner wasn’t willing for it to come to the floor. He’s a big crybaby, all right, but on this one he showed some spine– or saw which way the wind was blowing.

de rigueur on June 21, 2012 at 11:34 AM

For people who are obsessed with the “rights” of illegal Mexican immigrants, the left sure seems unconcerned about hundreds of Mexican being killed.

KS Rex on June 21, 2012 at 11:31 AM

Exactly!!!

All those potential Obama votes lost…

Roy Rogers on June 21, 2012 at 11:35 AM

verbaluce on June 21, 2012 at 11:16 AM

Nope. The debate is still pretty much centred on Fast and Furious itself. It’s just an interesting side note that Bammie doesn’t understand EP, nor do the LSM know the difference between politicising criminal activity (F&F and Holder), and criminalising political activity (Alberto Gonzalez).

oldroy on June 21, 2012 at 11:35 AM

This will all be a moot point if Boehner makes a deal.

moonsbreath on June 21, 2012 at 11:35 AM

Hard to shake hands with folks when they have the backs turned and arms folded. And don’t forget they don’t do that as a reaction to anything he’s done…but as part of an established and expressed strategy by a party with one singular objective.
But look on the bright side…in the end, they may get their prize.

verbaluce on June 21, 2012 at 11:25 AM

You are an idiot when it comes to good-faith negotiations, besides the other issues you are an idiot about. Have you met the challenge to produce the true narrative to the F&F story yet, w/o omitting any facts which are disfavorable to 0bamessiah’s administration’s assertions? ROFL

Holder, an abusive, proven deceiver on F&F, hasn’t done what is required of someone who wants to be treated with open arms, you intellectually dishonest hack.

Bizarro No. 1 on June 21, 2012 at 11:36 AM

What about the political argument? The White House is certainly trying to shrug this off as a partisan election strategy on the part of House Republicans, but the connection of Operation Fast and Furious to the deaths of two American law-enforcement officers makes that a very risky strategy.

I heard another interesting opinion recently on the political implications of Fast&Furious this morning on talk radio in Connecticut, by a conservative talker named Jim Vicevich (not sure of the spelling of his name).

The contempt vote against Holder occured about a week after Obama announced his Executive DREAM Act to pander to Hispanic voters by enabling “children” (up to 30 years old) of illegal immigrants to remain in this country, most of whom are from Mexico.

Although white voters will be sensitive to the deaths of the two border-enforcement officers, the guns sold to druglords in the Fast&Furious operation were also used to kill hundreds of innocent Mexicans. If the Romney campaign plays this right, voters who have legally migrated from Mexico could be persuaded to believe that the Obama Administration deliberately sold (or forced the sale of)guns used to kill their fellow Mexicans in their own country. This could actually cost Obama some Hispanic votes…

Steve Z on June 21, 2012 at 11:40 AM

“Moreover, the privilege disappears altogether when there is any reason to believe government misconduct occurred.”

Someone is going under the bus.

Holder?

Jarrett???

Perhaps some DoJ attorney will testify (or already HAS provided documented evidence of a criminal cover up at the highest levels) regardless of Obama’s “promises” of a pardon?

Roy Rogers on June 21, 2012 at 11:40 AM

the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week.

If they could have, they already would have.

That would imply incompetence and they’re not incompetent, about the law.

Stepping out of bounds and then lying about it, bad moon on the rise.

Its just over. The bullet train to hell has blown a tire, its headed off the tracks.

Speakup on June 21, 2012 at 11:43 AM

Time for hardball from the good guys.. How about some ads showing the families of the deceased and maybe a word or two from the “fatherless children” asking how the USA could do such an evil thing to them?

Don L on June 21, 2012 at 11:44 AM

Pre-election this is a loser regardless of right or wrong. I don’t much care for Boehner, he is a RINO, but on this issue he is correct.

“It’s the economy, stupid.”

Carnac on June 21, 2012 at 11:21 AM

Yeah, and Watergate (which did not involve murders) wasn’t politically damaging to Nixon, either.

The Rogue Tomato on June 21, 2012 at 11:46 AM

Perhaps some DoJ attorney will testify (or already HAS provided documented evidence of a criminal cover up at the highest levels) regardless of Obama’s “promises” of a pardon?

Roy Rogers on June 21, 2012 at 11:40 AM

I believe that Issa’s already been citing the content of DOJ emails that Holder didn’t give him.

de rigueur on June 21, 2012 at 11:52 AM

Bizarro No. 1 on June 21, 2012 at 11:36 AM

’0bamessiah’.
Enough said about ‘intellectual honesty’ or who is a ‘hack’.

verbaluce on June 21, 2012 at 11:54 AM

Roy Rogers on June 21, 2012 at 11:40 AM

Yeah, I think Issa is protecting his sources. Bammy wandered off into the weeds on this one. Issa is focusing on the coverup ’cause that’s where the vulnerability lies. I’m perfectly content to let the thing play out and gamble on a change in administrations. I would like to see someone nail down Mitt on whether he will see this thing through to completion, if elected. This would be a good time to ask that question.

a capella on June 21, 2012 at 11:55 AM

I believe that Issa’s already been citing the content of DOJ emails that Holder didn’t give him.

de rigueur on June 21, 2012 at 11:52 AM

That explains the rising desperation levels from the left.

Didn’t rat faced Henry Waxman successfully prosecute Scooter Libby for perjury?

IF Obama wins in November and issues pardons, Fast and Furious could be the grounds for high crimes and misdemeanors.

Someone(s) on the left is going down hard.

Roy Rogers on June 21, 2012 at 11:58 AM

ICanSeeNovFromMyHouse on June 21, 2012 at 11:28 AM

Where in the past would you also assert EP has been asserted wrongly?

verbaluce on June 21, 2012 at 12:01 PM

the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week.

This won’t happen because Obama is involved in it up to the teeth. Can he throw himself under the bus too?

neyney on June 21, 2012 at 12:02 PM

And the Mexican government wasn’t even told about the program.

GarandFan on June 21, 2012 at 11:18 AM

They may have been:

http://cnsnews.com/news/article/obama-made-pre-inaugural-pledge-stopping-guns-mexico-holder-napolitano-worked-issue

Three and a half years before he invoked executive privilege in refusing to hand over to Congress internal Justice Department documents about Operation Fast and Furious–and just eight days before his inauguration–President-elect Barack Obama met with Mexican President Calderon over lunch at the Mexican Cultural Institute in Washington, D.C., and “pledged” that he would take action aimed at stopping the flow of guns into that country from the United States.

Public statements from both Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano demonstrate that they were both personally working on this issue from their first month in office.

So the conspiracy began THEN and included Obama, Holder, Napolitano and perhaps Clinton as well.

Many dems are involved.

dogsoldier on June 21, 2012 at 12:05 PM

During a speech in 1995 Eric Holder says people need to be brainwashed into thinking negatively about guns.

http://www.youtube.com/watch?v=gYyqBxD-3xw

If brainwashing won’t work, lies and cover ups work.

Roy Rogers on June 21, 2012 at 11:09 AM

Holder in that clip reminded me of Oswald Bates (Damon Wayans).

Here’s
what I’m hoping to see sometime in the furure.

pain train on June 21, 2012 at 12:06 PM

Remember when Obama declared a moratorium on deep-water offshore drilling after the BP fiasco, and the courts overturned it, then he reimposed it

And the lawless sociopath will likely do the same thing if the Supreme Court’s healthcare ruling doesn’t go his way–ignore the ruling and proceed with implementation.

Right Mover on June 21, 2012 at 12:06 PM

Are you saying the GOP can’t walk and chew gum at the same time?

-ButterflyDragon

It often appears to me that the GOP can’t walk OR chew gum as stand alone activities.

krome on June 21, 2012 at 12:07 PM

The “R”‘s can’t win this argument with independents

Sure they can. It’s been a long time since the sociopath in chief has been popular with independents. You think they’re going to come flocking back to him in sympathy now?

Right Mover on June 21, 2012 at 12:09 PM

If Issa wants to break this conspiracy wide open, he and the GOP must go for the arrest of Eric Holder. There is only one way to stop this and a civil action will nor produce a good result.

These people conspired to overturn the second amendment to the constitution and caused the deaths of Terry, Zapata and 300 Mexicans.

Time for RICO, Mr. Issa.

dogsoldier on June 21, 2012 at 12:10 PM

F&F continues a 20 year old Democrat policy:

Via the “Justice Department,” Changing “Government for the people” into “Government AGAINST the people”!!!

The Clinton Administration’s Janet Reno killed 2 at Ruby Ridge and 75 at Waco: 53 American citizens, and 24 British nationals. The Obama Administration has (so far) killed 2 Americans and 200+ Mexican citizens.

landlines on June 21, 2012 at 12:10 PM

Roy Rogers on June 21, 2012 at 11:40 AM
Roy Rogers on June 21, 2012 at 11:58 AM

I’m perfectly content to let the thing play out and gamble on a change in administrations. I would like to see someone nail down Mitt on whether he will see this thing through to completion, if elected.

a capella on June 21, 2012 at 11:55 AM

My understanding is that anything undertaken in a given Congress has to be re-started in a new Congress. So the pressure actually is on the House to get contempt charges against Holder into a court, or get the documents it has requested, to get at the truth and possibly lay the groundwork for prosecutions, before the final adjournment of this Congress. Once matters are in the legal system, the wheels of justice start grinding to their own clock.

This is why Holder has been stalling for more than a year. He just wants to run out the legislative clock. Of course, the next Congress could take up Fast & Furious again, but the political dynamics will have changed… and there’s always a political component.

It would suffice for Romney to say that Congress needs to be allowed to do its job and the Administration should stop obstructing its legitimate oversight responsibilities.

de rigueur on June 21, 2012 at 12:12 PM

Resist We Much, ignore the naysayers.

You are one of the best minds around here and our legal expert in demostic and international matters.

Do Not Stop. Your comments, with or without links to your site are delightful.

p.s. that long article on the Cuban revolution…had it all verified by top agency insiders…he was not part of them, just his own agent. Thank you for pointing it out. It was an incredible read. Viva Cuba libre!

Schadenfreude on June 21, 2012 at 12:12 PM

demostic = domestic

Schadenfreude on June 21, 2012 at 12:13 PM

I think it’s great that B.O. has hidden behind “Executive Privilege”, the fact he killed a Federal agent and countless Mexicans. Now, no one really cares about the dead Mexicans, but even people who believe O.J. is innocent, will be upset by a president mowing down his own troops.

JackM on June 21, 2012 at 12:14 PM

Resist We Much on June 21, 2012 at 10:26 AM

Ignore the criticism. I occasionally follow the links myself. Unless the site managers have a problem with it, go right ahead and link. I don’t understand why anyone who isn’t interested in your links would care.

Personally, I am more inconvenienced by the moronic manifestos occasionally cut and pasted in their entirety by one troll or another around here. But I just scroll on past, which involves way less energy and has a lower aggravation factor than getting my shorts all wadded up about it.

novaculus on June 21, 2012 at 12:17 PM

For people who are obsessed with the “rights” of illegal Mexican immigrants, the left sure seems unconcerned about hundreds of Mexican being killed.

KS Rex on June 21, 2012 at 11:31 AM

Exactly!!!

All those potential Obama votes lost…

Roy Rogers on June 21, 2012 at 11:35 AM

Mexicans, the leftists don’t care about you, dead or alive; they only want your votes. Wake up.

Same goes for the blacks. Pitchfork your modern day masters.

Schadenfreude on June 21, 2012 at 12:17 PM

the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week. If they do that now, whatever embarrassing materials that do arise have a few months to lose their sting before the election.

Ed, I agree. If Obama tosses Holder and his crew under the bus immediately, the problem will gradually become a nonissue giving Obama a chance to concentrate on his reelection. Democrats, are you listening to us? We’re giving you good advice. You ignore us at your own peril.

The Democrats depend a great deal on conservative blogs for their campaign strategy. Frankly, I don’t know what they’d do without us.

Burke on June 21, 2012 at 12:18 PM

Schadenfreude on June 21, 2012 at 12:12 PM

I respect Schadenfreude.

White flag.

pain train on June 21, 2012 at 12:19 PM

White flag.

pain train on June 21, 2012 at 12:19 PM

Glad you are ‘seeing’. RWM is the best to be on our side, at the barricades, and in the court room. You/we have an incredible asset in her.

Schadenfreude on June 21, 2012 at 12:21 PM

Can Obama make the EP stick? Answer: All major news outlets last afternoon led with the northeast heat wave. Sounds like a distraction. Mitt Romney use this EP and use it often!

jjnco73 on June 21, 2012 at 12:22 PM

’0bamessiah’.
Enough said about ‘intellectual honesty’ or who is a ‘hack’.

verbaluce on June 21, 2012 at 11:54 AM

Whether or not I am one doesn’t change the fact that you are what I accuse you of, as you prove by refusing to directly address what I said to you, you cowardly, intellectually dishonest hack.

Bizarro No. 1 on June 21, 2012 at 12:23 PM

GarandFan on June 21, 2012 at 11:18 AM

It has been a real hoot watching the Flying Monkey Media cover a story they have been suppressing for months and months. NOt only are they getting the fact wrong, repeatedly, but in their efforts to spin this debacle as favorably to Obama and Holder as they can, they are repeating long discredited and obviously false arguments.

This article by Bloomberg is particularly contemptible.

novaculus on June 21, 2012 at 12:23 PM

Roy Rogers, thank you.

Arrogance and the appearance of guilt are two qualities voters do not like in their elected officials, especially when they are done in the act of bailing out a long-term friend (Attorney General Eric Holder).

President Obama may have just cost himself the 2012 election.

This is the most impertinent admin. ever and must/will be punished, so as to never repeat.

Schadenfreude on June 21, 2012 at 12:24 PM

Obama is simply running the clock. He is going to lose the Executive Priveledge when it goes to court. However, the Supreme Court won’t meet again till October, Congress will be busy getting re elected, and win or lose Obama will pardon everyone involved.

jpmn on June 21, 2012 at 11:20 AM

That has been the goal all along. The circumstances strongly suggest that Obama and Holder simply can’t release the documents without signing their own political death warrants. It may well mean Holder and a couple of his underlings will go to prison.

All they wanted to do was hold on until after the election. That is why the bogus EP claim comes late in the game. They are running our of stalling tactics, and several long months remain until election day.

novaculus on June 21, 2012 at 12:27 PM

in contempt of congress’ in reality translates into the administration’s contempt for the american citizens, for anyone harmed by fast and furious, and for the Constitution.

Bush was and is continuously personally accused of being a criminal for casualties in a war but barry is not therefor similarly guilty in relation to the deaths caused by fast and furious guns?

the dictatorship presidency. The NPD presidency.

“The lower functioning NPD individual (in closer proximity to the sociopath on the continuum) will be prone to constantly bending the rules for himself although outwardly he may criticize others for a similar infraction or transgression. Alongside his tendency to disobey the rules, he will have no real remorse for the effects of his offenses on others and will rationalize his deceptive manipulations in any number of ways.”

Eleanor Payson. The Wizard of Oz and Other Narcissists: Coping with the One-Way Relationship in Work, Love, and Family (Kindle Locations 233-236). Kindle Edition.

mittens on June 21, 2012 at 12:28 PM

verbaluce, why haven’t you provided the true narrative to the F&F story yet, w/o omitting any facts which would incriminate 0bamessiah, hmmmmm?

verbaluce’s response: “BAWWWWWWK BAWWWWWWK BAAAAAAAAAAAAAWWWWWWWWWWWKKKKKKKK!!!!!!!!!!!” :)

Bizarro No. 1 on June 21, 2012 at 12:31 PM

The bottom line here is: B.O. is a gun grabbing socio-commie bastard who hates America and all her greatness. The purpose of his disgusting presidency is to re-make America into something equaling a vulgar third world society, of which he can then be proud.

To accomplish this transmogrification of our souls, he must first make sure the good people of America cannot shoot back. Thus he must murder Federal agents and Mexicans and fool dumb-assed liberals into fearing guns even more than they do via their pathetic and natural left-winged insanity.

So far, the Constitution remains intact enough to cause the elections in November when the good people can dispose of this Administration and return the country to a natural born American who loves our heritage and will follow the laws of our land set down by the Founders.

JackM on June 21, 2012 at 12:32 PM

Schadenfreude on June 21, 2012 at 12:24 PM

You are very welcome my friend.

The GOP is on track to pick up more seats in the House (thanks in no small part to the Tea Party), and has a good chance at winning back the majority in the Senate.

IF Obama is able to scrape up enough dead absentee voters to steal the election in November, and Fast and Furious has not been resolved with Holder’s resignation or prosecution, I can see “Impeach Obama” from my front porch.

It all comes down to:

“Moreover, the privilege disappears altogether when there is any reason to believe government misconduct occurred.”

Roy Rogers on June 21, 2012 at 12:34 PM

It would be a surprise if the 70,000 pages of documents now being shielded by “executive privilege” did not outline, in some way, a plan to ultimately weaken or eliminate the 2nd amendment.
Let’s say the walking weapons were used to kill in Mexico (which they were) and were also used to kill in the US (which they were). Then we have international pressure to “do something” about our gun laws as well as internal pressure to “stop the killing.” Luckily, the folks who dreamed up this scheme aren’t all that smart and didn’t think about how the weapons sales might be traced back to them rather than to the gun shops in Arizona, New Mexico and Texas.
You don’t have to be smart to read, from a teleprompter, a speech someone else wrote for you and you don’t have to be smart to blindly follow the “dear reader.”
What we have is a gaggle of blind followers in formation behind a dangerous, dishonest narcissist whose goal is total dictatorship. Next step: create a high-visibility catastrophe, blame it on conservatives and round ‘em up using the federal troops under the guise of the “Insurrection Act!” Remember the Dear Reader’s Colorado Springs campaign speech in 2008: “We gotta have a civilian national security force that’s just as powerful, just as strong, just as well funded (as the US Military) http://www.youtube.com/watch?v=Tt2yGzHfy7s
We’ve seen this scenario before, haven’t we?

TimeOnTarget on June 21, 2012 at 12:34 PM

Wouldn’t even have been voted on, much less approved by every Republican on the committee, if Boehner wasn’t willing for it to come to the floor. He’s a big crybaby, all right, but on this one he showed some spine– or saw which way the wind was blowing.

de rigueur on June 21, 2012 at 11:34 AM

Boehner has had me worried on this issue too. It is very clear that Issa wanted to move forward with contempt some time ago but didn’t have the support of House Republican leadership. But Issa just kept building his case and the pressure to cite Holder for contempt.

They are beaucoup committed now. And there is no reason not to leave the door open for Holder to comply with the subpoenas. It is the reasonable thing to do, and by now I think anyone who looks at the situation understands Holder and Obama can’t release the documents because they will prove criminal wrongdoing and lying to Congress and the American people.

novaculus on June 21, 2012 at 12:34 PM

Press Secretary Jay Carney just called the Fast and Furious probe a “Tax payer funded fishing expedition” Since when has this gang cared about the tax payer?

birdwatcher on June 21, 2012 at 12:35 PM

Can Obama make the EP stick? Answer: All major news outlets last afternoon led with the northeast heat wave. Sounds like a distraction. Mitt Romney use this EP and use it often!

jjnco73 on June 21, 2012 at 12:22 PM

No, I watched NBC. They lead with F&F and the EP. They had to go through a whole background story (their version of it at least) just so their viewers had a clue what the EP was for.

I’m confident if the EP had not been invoked, it would not have made the news at all.

WisRich on June 21, 2012 at 12:35 PM

Roy Rogers on June 21, 2012 at 12:34 PM

In a just world the voters send them all to Hades, incl. some of ours.

Schadenfreude on June 21, 2012 at 12:37 PM

Both sides of this arguments are losers, and the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week.

Never going to happen…..he’s too invested in it now.

The idiot’s inherent narcissism and hubris are on full display…”the party be damned, this is about meeeeeeeee”.

Tim_CA on June 21, 2012 at 12:38 PM

… the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week.

Do you really think that (1) Obama wouldn’t in a heartbeat let Holder hang and twist in the wind if he thought it would save his own hide, and (2) that Holder wouldn’t gladly fall on his sword to protect Obama if that’s what it came down to?

The reason why Obama is trying to extend executive privilege to Holder is because they’re joined at the hip when it comes to Fast and Furious, and there’s no way to simply sacrifice Holder without Obama being dragged down with him. The only other plausible explanation is that Mr. “Constitutional Scholar” — who would’ve flunked Con Law at the law school where I went to with his, “Marbury v. Madison? What’s that?” mentality — is once again demonstrating either his woeful ignorance of or contempt toward the Constitution.

I’d wager good money that what happened in Fast and Furious is of a pattern that we’ve seen with the imposition of ObamaCare as the trigger to complete nationalization of the healthcare system: come up with a self-serving policy in the guise of a “solution” to a crisis, then engineer a problem to bring about the “crisis.”

Just like ObamaCare is purposely designed to create a catastrophe in the system of private health insurance, thereby opening the door to “rescue” by the government in the form of a single-payer system, Fast and Furious was purposely designed to create death and destruction in Mexico and here so that the Federal government could ride to the rescue in the form of a renewed assault on the Second Amendment — which was the over-arching objective from the beginning.

The documents that Obama and Holder are hiding will demonstrate that Holder came to Obama with the idea of sacrificing Mexicans and even some Americans to bootstrap a campaign to severely restrict the ability of American citizens to acquire and own firearms, and that Obama OK’d the plan. That’s why it’s impossible to just sacrifice Holder, or they’d have done so already.

Spurius Ligustinus on June 21, 2012 at 12:40 PM

Press Secretary Jay Carney just called the Fast and Furious probe a “Tax payer funded fishing expedition” Since when has this gang cared about the tax payer?

birdwatcher on June 21, 2012 at 12:35 PM

Yeah, a couple of the Dems on the committee were pulling that “how much money and time spent that could have been used to bring jobs to Americans” bullchit yesterday.

They looked like the slime that they are when they were asked how much the life of Brian Terry and hundreds of dead Mexicans was worth?

Flora Duh on June 21, 2012 at 12:42 PM

In a just world the voters send them all to Hades, incl. some of ours.

Schadenfreude on June 21, 2012 at 12:37 PM

There is much to pray for these days, and I will put my faith and prayers up against Obama and his Chicago thugs any day of the week and twice on Sunday.

Fortnight for Freedom

Roy Rogers on June 21, 2012 at 12:43 PM

Glad you are ‘seeing’.

Schadenfreude on June 21, 2012 at 12:21 PM

I’m not sure what you think I’m “seeing.”

I never questioned what she had to say, only the way she goes about it. I think it is disrespectful to Ed & AP for a blogger to routinely post full URL’s back to their site.

Treacher doesn’t do it. Jammie doesn’t do it.

I just think its tacky; take two seconds to embed it in a comment.

pain train on June 21, 2012 at 12:44 PM

Both sides of this arguments are losers, and the White House would probably be better served by tossing Holder and his crew under the bus and releasing everything in a single Friday-night document dump this week. If they do that now, whatever embarrassing materials that do arise have a few months to lose their sting before the election.

If they could have, they already would have.

That would imply incompetence and they’re not incompetent, about the law.

Stepping out of bounds and then lying about it, bad moon on the rise.

Its just over. The bullet train to hell has blown a tire, its headed off the tracks.

Speakup on June 21, 2012 at 11:43 AM

This.

The blood trail runs through Eric Holder right to the Oval Office. Bammie’s bloody fingerprints are on it right next to Holder’s and can’t be scrubbed.

novaculus on June 21, 2012 at 12:45 PM

verbaluce, why haven’t you provided the true narrative to the F&F story yet.

Bizarro No. 1 on June 21, 2012 at 12:31 PM

Bizarro,
Are you asking me to provide what did not happen…to detail what people did not say?
I know you think this is clever, but it’s moot.
Someone denying, say, robbing a house is not required to prove who robbed it…or that the house was robbed.
Follow?

verbaluce on June 21, 2012 at 12:45 PM

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