DOJ wonders if federal court wouldn’t mind just dismissing Fast & Furious lawsuit

posted at 4:01 pm on October 17, 2012 by Erika Johnsen

Surprise, surprise — it looks like the Justice Department is hoping that maaaaybe we can all just settle our differences and move on from that whole stonewalling, contempt-charge, executive-privilege, deadly Fast-and-Furious debacle, via the NYT:

The Justice Department has asked a federal court to dismiss a lawsuit by the House oversight committee seeking to compel the Obama administration to release more internal records involving the botched gun-trafficking case known as Operation Fast and Furious.

The judiciary should play no role in a dispute like this one between the executive and legislative branches, the department said — one in which the White House has asserted executive privilege over its internal deliberations, and the House of Representatives has voted to hold Attorney General Eric H. Holder Jr. in contempt for refusing to comply with the committee’s demands.

“Disputes of this sort have arisen regularly since the founding,” the department said in a brief filed Monday night in the United States District Court for the District of Columbia. “For just as long, these disputes have been resolved between the political branches through a constitutionally grounded system of negotiation, accommodation, and self-help.”

As you might suspect, House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) isn’t such a huge fan of that idea, according to a statement issued Tuesday (h/t Doug Mataconis):

WASHINGTON – Today, Oversight and Government Reform Committee Chairman Darrell Issa issued the following statement on the Justice Department’s request for dismissal of legal action requiring the production of subpoenaed documents related to Operation Fast and Furious.

“The Obama Administration’s argument should trouble Americans who believe the President and the Federal government are not above the law.  In perpetuating a cover-up, through false and misleading statements that even the Justice Department’s own Inspector General found troubling, the Obama administration argued for months that it did not have to meet its legal obligations to a lawfully issued congressional subpoena. Now, the Department is advancing arguments – already rejected by the federal judiciary – that our court system does not have jurisdiction to ensure accountability either.  The American people deserve to know the full truth about what happened in Operation Fast and Furious and why top justice officials stood behind false denials of reckless conduct.”

It may be true that the judiciary more usually tries to stay out of legislative-executive disputes and let them resolve things amongst themselves, but the Fast and Furious investigation came this far for a reason — the Justice Department’s relentless stonewalling, and President Obama’s invocation of executive privilege, make it desperately apparent that there’s more going on here than the executive branch wants anyone else to know about, be it flagrant top-level incompetence or something much worse. I particularly enjoyed the way Mitt Romney used the Second-Amendment question to bring up Fast & Furious during the debate last night, openly wondering, “For what purpose [Fast and Furious] was put in place, I can’t imagine. … I’d like to understand who it was that did this, what the idea was behind it, what the idea was behind this.” Indeed, Governor. Indeed.

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Update: Oops, I had the wrong video clip embedded initially — click the image to watch.


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No.

Liam on October 17, 2012 at 4:06 PM

Hopefully this will take care of you, Holder, and your thugs too.

Schadenfreude on October 17, 2012 at 4:07 PM

No.

Liam on October 17, 2012 at 4:06 PM

I second that!

kcd on October 17, 2012 at 4:08 PM

I expect Obama to be signing a presidential pardon for Holder to have on hand.

INC on October 17, 2012 at 4:09 PM

The republicans need to bring this to a head very soon, for maximum impact in the election.

Afterwords, in the Romney administration, we can start sending these 0bama regime criminals to prison.

Rebar on October 17, 2012 at 4:09 PM

When RR get in, I think we will see much more of the thuggery exposed.

kcd on October 17, 2012 at 4:10 PM

That’s what kills me about this – I still have never seen an explanation of what this program was supposed to accomplish – how it was supposed to work.

Lefties all say – it was just a botched operation, nothing to see here. Yet nobody can explain how the operation was supposed to work if it was not “botched” and what it was meant to accomplish.

the fact that nobody can offer a remotely reasonable explanation to those questions is the most troubling aspect about this.

Monkeytoe on October 17, 2012 at 4:10 PM

I want this issue to get hammered, the same as was done to that crook Nixon.

Liam on October 17, 2012 at 4:10 PM

The judiciary should play no role in a dispute like this one between the executive and legislative branches, the department said –the judiciary should confine itself to over-riding the wishes of American voters and their duly elected representatives .

burrata on October 17, 2012 at 4:10 PM

I expect Obama to be signing a presidential pardon for Holder to have on hand.

INC on October 17, 2012 at 4:09 PM

Him, a few from the Benghazi debacle and the blind sheik.

Schadenfreude on October 17, 2012 at 4:10 PM

“For just as long, these disputes have been resolved between the political branches through a constitutionally grounded system of negotiation, accommodation, and self-help.”

And when that doesn’t work, we have “a constitutionally grounded system” that includes the third branch of government to help break the stalemate.

Bitter Clinger on October 17, 2012 at 4:11 PM

Hey, we might’ve heard a bit more about this last night had Crowley not shut Mitt down on it.

changer1701 on October 17, 2012 at 4:11 PM

“For just as long, these disputes have been resolved between the political branches through a constitutionally grounded system of negotiation, accommodation, and self-help.”

And when that doesn’t work, we have “a constitutionally grounded system” that includes the third branch of government to help break the stalemate.
Bitter Clinger on October 17, 2012 at 4:11 PM

Oops. Should have previewed first.

Bitter Clinger on October 17, 2012 at 4:11 PM

“By my order and for the good of the state, the bearer has done what has been done.” – Cardinal Richelieu (Barack Obama)

Mitoch55 on October 17, 2012 at 4:12 PM

The highlight of the debate was the part about Bush…

When he threw out the first pitch.

Washington Fancy on October 17, 2012 at 4:13 PM

That’s what kills me about this – I still have never seen an explanation of what this program was supposed to accomplish – how it was supposed to work.

Lefties all say – it was just a botched operation, nothing to see here. Yet nobody can explain how the operation was supposed to work if it was not “botched” and what it was meant to accomplish.

the fact that nobody can offer a remotely reasonable explanation to those questions is the most troubling aspect about this.

Monkeytoe on October 17, 2012 at 4:10 PM

The ultimate “ask us no questions, we’ll tell you no lies”.

Bitter Clinger on October 17, 2012 at 4:13 PM

There is no separation of powers. All 3 branches of the government tell us what to do, when to do it and how much we’ll have to pay for it.

Had we any balls … oh well … America doesn’t.

OhEssYouCowboys on October 17, 2012 at 4:13 PM

With the way the federal courts have been doing their dandy job, they probably our dismiss this? I hope to goodness Issa and Grassley won’t let this happen if they can help it! bho/holder/big sis should be in court with numerous charges from F&F, IMO!
L

letget on October 17, 2012 at 4:14 PM

Is that the clip you wanted? I didn’t see any fast and furious remarks.

RINO in Name Only on October 17, 2012 at 4:14 PM

Must not question The Reich.

viking01 on October 17, 2012 at 4:14 PM

Holder, and by extension Obama, want to throw out the power of the courts in this instance only.

If they do, then the courts are also elevated to the status of having absolute final power and authority no matter the level of corruption.

This is a rigged game.

Liam on October 17, 2012 at 4:16 PM

The judiciary should play no role in a dispute like this one between the executive and legislative branches, the department said

Um, waita’minute…ain’t that the purpose of the judicial branch?

cozmo on October 17, 2012 at 4:17 PM

Was Fast and Furious a tax ?

burrata on October 17, 2012 at 4:17 PM


“For what purpose [Fast and Furious] was put in place, I can’t imagine. … I’d like to understand who it was that did this, what the idea was behind it, what the idea was behind this.”

… and at that point in the debate, Obowma cried out “Candy! CANDY!!!”, and the beast interrupted Team Romney.

I know the viewers of Univision were paying attention…

Seven Percent Solution on October 17, 2012 at 4:18 PM

Um, waita’minute…ain’t that the purpose of the judicial branch?

cozmo on October 17, 2012 at 4:17 PM

Normally, yes. But with the Obama crew, normal isn’t in.

Bitter Clinger on October 17, 2012 at 4:19 PM

In both Nazi Germany and the Soviet Union, the courts were co-opted. Transformed into political tools of the State. Rubber stamps. Courtly cowards.

That’s what happens in Utopia.

That’s what they want, here.

After the CommieCare decision, I don’t think we’re very far from it.

OhEssYouCowboys on October 17, 2012 at 4:19 PM

“My fellow Americans, today I signed an executive order abolishing the Federal Court system. It has been corrupted by Imperialist AmeriKKKa. A new Revolutionary Court system has been created and will report directly to me and my new Vice President Morgan Freeman.”

CorporatePiggy on October 17, 2012 at 4:19 PM

“For what purpose [Fast and Furious] was put in place, I can’t imagine. … I’d like to understand who it was that did this, what the idea was behind it, what the idea was behind this.”

… and at that point in the debate, Obowma cried out “Candy! CANDY!!!”, and the beast interrupted Team Romney.

I know the viewers of Univision were paying attention…

Seven Percent Solution on October 17, 2012 at 4:18 PM

He looked and sounded so small at that moment. Like a child.

Bitter Clinger on October 17, 2012 at 4:20 PM

I expect Obama to be signing a presidential pardon for Holder to have on hand.

INC on October 17, 2012 at 4:09 PM

I expect the idiot Holder already has a safe full of them, like the CIA villains in Clear and Present Danger.

slickwillie2001 on October 17, 2012 at 4:20 PM

Was Fast and Furious a tax ?

burrata on October 17, 2012 at 4:17 PM

That’s some brilliant stuff.

Love the sarcasm.

OhEssYouCowboys on October 17, 2012 at 4:20 PM

Seven Percent Solution on October 17, 2012 at 4:18 PM

Couldn’t that be brought up by Mitt in the next debate of foreign policies? IF the moderator will let Mitt get a word in?
L

letget on October 17, 2012 at 4:20 PM

… and at that point in the debate, Obowma cried out “Candy! CANDY!!!”, and the beast interrupted Team Romney.

Seven Percent Solution on October 17, 2012 at 4:18 PM

You mean Obowbowmaaaa cried ” mommy ! mommy !! ”
:O :O

burrata on October 17, 2012 at 4:21 PM

No.

How about Holder et al just plead “guilty as charged” and wait for sentencing?

ProfShadow on October 17, 2012 at 4:21 PM

Hey, we might’ve heard a bit more about this last night had Crowley not shut Mitt down on it.

changer1701 on October 17, 2012 at 4:11 PM

This (F&F) will be back in play on Monday, Mexico is after all a Foreign country…

WhoU4 on October 17, 2012 at 4:22 PM

Can’t we all just get along?

That’s up to you, Mr. Holder. Are you going to do your job, or aren’t you?

Socratease on October 17, 2012 at 4:24 PM

This matter should be taken up by the IPAB.

Attention all planets of the Solar Federation. Attention all planets of the Solar Federation. Attention all planets of the Solar Federation … we have assumed control … we have assumed control … we have assumed control.

[You lovers of 2112 and All The World's A Stage know this]

OhEssYouCowboys on October 17, 2012 at 4:24 PM

Between Fast and Furious and the lawsuits challenging the HHS mandate, the DOJ’s awfully busy on dismissals.

SoFlaCon on October 17, 2012 at 4:25 PM

Has anyone else seen this?

October Suprise

The guy also has 5 (blurred-out for now) docs here

Corporal Tunnel on October 17, 2012 at 4:25 PM

Can’t we all just get along?

No.

Liam on October 17, 2012 at 4:25 PM

If there is any justice in the world, Holder and this administration will be held accountable and be forced to answer for the deaths related to those weapons allowed to be sold to straw buyers and ‘walk’ to drug lords and other criminals in Mexico.

thatsafactjack on October 17, 2012 at 4:26 PM

Sorry about the link in the last post, here it is: October Surprise

Corporal Tunnel on October 17, 2012 at 4:27 PM

it’s 300 dead people, who cares. Darth Cheney killed uber millions

Slade73 on October 17, 2012 at 4:28 PM

This (F&F) will be back in play on Monday, Mexico is after all a Foreign country…

WhoU4 on October 17, 2012 at 4:22 PM

F&F (Mexico), Libya, Iran, Israel, Syria, Egypt, China, Russia, Afghanistan. Romney has the backing of Lech Walesa and Bibi. Obama has Hugo Chavez in his corner.

Obama might want to call in sick for Monday’s debate.

Bitter Clinger on October 17, 2012 at 4:29 PM

Shouldn’t someone take responsibly for Obama’s Gun’s for Gangsters program?

Southern by choice22 on October 17, 2012 at 4:29 PM

Shouldn’t someone take responsibly for Obama’s Gun’s for Gangsters program?

Southern by choice22 on October 17, 2012 at 4:29 PM

Bush

Liam on October 17, 2012 at 4:31 PM

how come no one calls Obama what he is – a half white cracka’ Oreo stooge for The Man?

Slade73 on October 17, 2012 at 4:32 PM

DOJ wonders if federal court wouldn’t mind just dismissing Fast & Furious lawsuit

Sure…. and I wonder if my mortgage company will just let me slide for about $50,000 too. And maybe my wife won’t mind if I get cozy with the hot young college chick down the street.

Not going to happen, bub.

UltimateBob on October 17, 2012 at 4:36 PM

Um, waita’minute…ain’t that the purpose of the judicial branch?

cozmo on October 17, 2012 at 4:17 PM

It is if we’re invoking Article III Section 3 of the Constitution, although Congress imposes the punishment!

dominigan on October 17, 2012 at 4:39 PM

“It is already illegal in this country, to have automatic weapons.” – Romney

This kind of ignorance doesn’t belong in office. You need either a license or a tax stamp (costs approx $200) to own a fully automatic weapon.

Picked this up off the video linked article from the comments section. Enjoy!

Bmore on October 17, 2012 at 4:40 PM

If there is any justice in the world, Holder and this administration will be held accountable and be forced to answer for the deaths related to those weapons allowed to be sold to straw buyers and ‘walk’ to drug lords and other criminals in Mexico.

thatsafactjack on October 17, 2012 at 4:26 PM

Actually, if there were any REAL justice, Holder and this administration would have been brought up on charges of TREASON for aiding enemies of our country.

[sigh] I know… there is no justice in this world…

dominigan on October 17, 2012 at 4:42 PM

Picked this up off the video linked article from the comments section. Enjoy!

Bmore on October 17, 2012 at 4:40 PM

Not trying to start a fight here, but you’re trying to deal with absolutism and not a more generalized state of affairs.

Liam on October 17, 2012 at 4:43 PM

Bitter Clinger on October 17, 2012 at 4:29 PM

Bingo!

WhoU4 on October 17, 2012 at 4:44 PM

But… but… but… Who cares about F&F? it is all an invention of conservatives!!!/sarc

ptcamn on October 17, 2012 at 4:45 PM

Lets not forget Inherent contempt. Either house of congress can jail a person for contempt until the end of the session.

In January the House could arrest Holder and jail him until the end of the term in January 2015 and there is no presidential pardon available to him.

meci on October 17, 2012 at 4:47 PM

This fowl POS, Eric WithHolder, is one of the true low lifes, this country has ever produced! This POS makes Benedict Arnold look like a good & trustworthy guy. What these animals have pulled on the family of Brian Terry is Despicable beyond description!
Update on:How to take on the Obama Enemy media & Win: http://paratisiusa.blogspot.com/2012/09/an-open-letter-to-those-who-should-know.html?spref=tw

God Bless America!

paratisi on October 17, 2012 at 4:51 PM

DoJ asks the Judiciary to stay out of the affairs of government.

I could’ve sworn the Courts were an equal branch of government. I know I’ve read that somewhere.

BobMbx on October 17, 2012 at 4:57 PM

Fast & Furious in Mexico…And Libya!

workingclass artist on October 17, 2012 at 4:59 PM

“Never trust anybody who says ‘trust me’, kid.”
– The Old Man

mojo on October 17, 2012 at 5:04 PM

Obozo impeached.

Holder in jail.

KMC1 on October 17, 2012 at 5:11 PM

Actually, this is the SECOND Democrat administration which has illegally used government resources to kill US citizens.

Janet Reno (another incompetent attorney general) somehow avoided jail: probably because the Democrats were able to successfully demonize the victims.

This time, the victims include US citizens who are law enforcement personnel, plus HUNDREDS of totally innocent Mexican citizens.

If we want our Constitution and our laws to mean anything at all, we MUST prosecute ALL who violate our laws. No amount of “privelege” should excuse this.

landlines on October 17, 2012 at 5:16 PM

“Let me say it as simply as I can — Transparency and Rule of Law will be the touchstones of this presidency.” –President Barack Hussein Obama (January 21, 2009 — one day after inauguration)

When Barack Obama calls Mitt Romney a liar — consider the source.

FlatFoot on October 17, 2012 at 5:25 PM

Another DOJ Failure

“Cellphone video recorded earlier this year at an operations center of a U.S. defense contractor in Kabul, Afghanistan appears to show key personnel staggeringly drunk or high on narcotics, in what former employees say was a pattern of outrageous behavior that put American lives at risk and went undetected by U.S. military officials who are supposed to oversee such contractors.

The video, provided to ABC News by two former employees, is scheduled to be broadcast in a report this evening on “ABC World News with Diane Sawyer” and “Nightline…

The lawsuit by the two former employees was originally filed under seal as part of the False Claims Act, designed to give the government an opportunity to join the legal effort to see if the government was defrauded. In this case, the Department of Justice declined to become part of the fraud lawsuit and apparently did not notify the U.S. Army of the allegations…”

http://abcnews.go.com/Blotter/video-shows-drunk-stoned-us-security-contractors/story?id=17493189

workingclass artist on October 17, 2012 at 5:29 PM

Obozo impeached.

Holder in jail.

KMC1 on October 17, 2012 at 5:11 PM

Obozo in jail for identity theft.

Obozo in jail for conspiracy to commit murder (on former gay lovers).

Obozo in jail for conspiracy to violate federal gun registration laws.

Obozo ordered to pay millions in restitution to taxpayers for Solynda, et al, for breach of fiduciary duty.

Keep ‘em comin’…

Nutstuyu on October 17, 2012 at 5:30 PM

Couldn’t that be brought up by Mitt in the next debate of foreign policies? IF the moderator will let Mitt get a word in?
L

letget on October 17, 2012 at 4:20 PM

Not only did they run guns to the drug cartels
they did it without any notification to the Mexican government

300 people, over 30 kids in one shoot out incident

Holder lied on his testimony on when he knew what.
why an executive order? hiding anything

audiotom on October 17, 2012 at 5:30 PM

The Mitt Romney of my dreams:

Mr. Obama, you just called me a liar again after my last answer to the question. Seeing as how you have a propensity for finding liars, let’s review this statement of yours on January 21st, 2009, the day after your inauguration, and I quote: ““Let me say it as simply as I can — Transparency and Rule of Law will be the touchstones of this presidency.”

So, Mr. Obama, does this transparency and rule of law include such things as Obamacare, Solynda, Fast and Furious, court orders on Gulf drilling, cabinet members actively campaigning, credit card donations from foreign nationals, Libya? Tell me, Mr. Obama, if I’m a liar, what does that make you?

Nutstuyu on October 17, 2012 at 5:35 PM

Janet Reno (another incompetent attorney general) somehow avoided jail: probably because the Democrats were able to successfully demonize the victims.

Is she still alive? Seeing as how Twitter facilitates this kind of thing, can someone threaten to cap her azz–and soon?

Nutstuyu on October 17, 2012 at 5:37 PM

Hey, we might’ve heard a bit more about this last night had Crowley not shut Mitt down on it.

changer1701 on October 17, 2012 at 4:11 PM

…I thought I was the only one who noticed that…since the media seems to have ignored it.

KOOLAID2 on October 17, 2012 at 5:47 PM

Hey! Give Barry a break, he only invoked executive privilege EIGHT MONTHS after the House committee issued its subpoena.

GarandFan on October 17, 2012 at 5:51 PM

Pound sand, Eric.

ted c on October 17, 2012 at 6:02 PM

Afterwords, in the Romney administration, we can start sending these 0bama regime criminals to prison.

Rebar on October 17, 2012 at 4:09 PM

I understand we just purchased a nifty prison conveniently located near Chicago.

Happy Nomad on October 17, 2012 at 6:27 PM

Any judge worth his or her “honorable” would send Holder to jail in contempt until he complies with the disclosure Congress wants.

wildcat72 on October 17, 2012 at 6:41 PM

I understand we just purchased a nifty prison conveniently located near Chicago.

Happy Nomad on October 17, 2012 at 6:27 PM

Nah, outsource it to Kenya if you want Obama to be close to home.

wildcat72 on October 17, 2012 at 6:42 PM

the road to Social Justice is paved with the dead bodies of the politically expendable. think of them as mere ‘bumps in the road’. just like the Rule of Law and the Constitution are mere trifling obstacles to Progress.

mittens on October 17, 2012 at 6:53 PM

I have no idea, but I do know that you guys come up with really cool names for your fake scandals.

crr6 on July 10, 2011 at 1:24 PM

Pinch-hitting for Del Dolemonte who could not be with us tonight.

hillsoftx on October 17, 2012 at 6:53 PM

Obozo in jail for identity theft.

Obozo in jail for conspiracy to commit murder (on former gay lovers).

Obozo in jail for conspiracy to violate federal gun registration laws.

Obozo ordered to pay millions in restitution to taxpayers for Solynda, et al, for breach of fiduciary duty.

Keep ‘em comin’…

Nutstuyu on October 17, 2012 at 5:30 PM

Impersonating a President.

hillsoftx on October 17, 2012 at 6:56 PM

I am not holding my breath that anything will happen. Surprised they even brought it up. Would not want it in the news – again.

sdbatboy on October 17, 2012 at 7:00 PM

Anyone that pursues this post-Obama will be labeled a devout racist. It will die a quiet death…The GOP has been extremely helpful letting this travesty drop from the public’s eye. Thanks again GOP!

Mr. Arrogant on October 17, 2012 at 7:15 PM

I expect Obama to be signing a presidential pardon for Holder to have on hand.

INC on October 17, 2012 at 4:09 PM

Oblamo cannot pardon anyone for something they haven’t yet been convicted of. This is where Holder and so many others are going to be screwed. Should the Romney Administration Attorney General be of a mind to, he or she can go after these criminals with a vengeance.

tbarleycorn on October 17, 2012 at 7:37 PM

I dunno, can I get a free pass to help kill 400 innocent Mexican civilians too?

No?

Then neither can you.

gekkobear on October 17, 2012 at 8:00 PM

I’m okay with dropping the case… But only if Eric Holder does hard time.

applebutter on October 17, 2012 at 8:01 PM

The last debate is on foreign affairs. If I were Romney I would let it all hang out and implement a “scorched earth” debate. I would attack every blunder: FF, Executive Privilege, Intel leaks, Benghazi,Undeclared war in Libya, Gitmo prisoners now back in battle, reaction to Ft. Hood, remarks to Putin, treatment of Israel,return of the Churchill bust,murders in Mexico with FF guns, etc. I would memorize the bloody body count and the names of Americans killed by Obama’s appeasement policies. I would cite their names and how they died because of Obama’s incompetence. I would take a shot at Clinton and Rice! After the last two debates the gloves can come off due to the tactics of Biden and Obama! Just once before this traitor is kicked to the curb he needs to face the truth head on! America will respond by electing Romney/Ryan by a landslide! Joe Wilson called Obama a liar to his face first and Romney should be the last in the last face-off this traitor will ever have on the national stage!

Marco on October 17, 2012 at 8:04 PM

Where is the Executive protection going to come from? Eric Holder has decided that Obama is being tossed “under the bus” by “We the People”.

jpcpt03 on October 18, 2012 at 10:22 AM