Eric Holder trying to appeal that decision denying him from throwing out the Fast & Furious case

posted at 2:01 pm on November 17, 2013 by Erika Johnsen

While their tremendously incompetent disaster of a healthcare rollout has President Obama more or less making up new rules and interpretations of his crowning legislative achievement as he goes along, you might think that the Obama administration would be ever so slightly humbled and taking care to rein in their usual “we do what we want” attitude on other matters — but alas, that’s still their prevailing modus operandi on their other sidelined disasters, too.

Back in September, a federal judge ruled that the Obama administration could not have the lawsuit over the administration’s executive-privilege pull in the Operation Fast and Furious case (the deadly gunrunning scandal in which the ATF pressed American gun dealers into funneling at least 2,000 weapons to Mexican straw purchasers with no practical efforts to trace the weapons) thrown out, basically because they just didn’t feel like dealing with it. The Obama administration had invented some argumentative blather about the federal courts having no basis for arbitrating the dispute because it would mean that all document fights between Congress and the administration could end up in court rather than being resolved through good-faith negotiation, or something.

District Court Judge Amy Berman Jackson (an Obama appointee, by the way) all but laughed that silly excuse out of court: “Dismissing the case without hearing it would in effect place the court’s finger on the scale, designating the executive as the victor based solely on his untested assertion that the privilege applies. … The Court rejects the notion that merely hearing this dispute between the branches would undermine the foundation of our government, or that it would lead to the abandonment of all negotiation and accommodation in the future, leaving the courts deluged with subpoena enforcement actions,” she wrote — and the Obama administration certainly didn’t like that.

Ergo, on Friday evening, they filed their appeal to that obviously egregious, does-not-apply-to-them enforcement of a little ol’ constitutional mechanism called checks and balances, via Politico:

The new motion (posted here) asks Jackson to allow the U.S. Court of Appeals for the D.C. Circuit to weigh in on that question before the case continues.

“Absent settlement (which depends on the willingness of both parties to achieve a negotiated resolution), or an immediate appeal, this Court will proceed toward deciding the scope of the President’s assertion of Executive Privilege in response to a congressional demand, and will do so absent a definitive ruling from the Circuit that such a novel judicial inquiry, in a suit instituted by a Committee of Congress, is appropriate under the law, including the Constitution,” the DOJ motion argues.

“The very experience of participating in such proceedings will cause harm—to the Defendant, the Executive Branch, and the separation of powers—that cannot be reversed if the D.C. Circuit ultimately rules in Defendant’s favor on the threshold questions presented,” the motion says. “In light of the harm to the separation of powers that such an adjudication would entail, including the impact of such proceedings on the negotiation process between the political Branches—a process that has generally proceeded without judicial involvement since the inception of congressional oversight—Defendant’s jurisdictional objections should be resolved by the Circuit before this Court takes such a momentous step.”

These guys just won’t quit.


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…why isn’t he in jail?

KOOLAID2 on November 17, 2013 at 2:04 PM

What kind of justice system would let a man who quite possibly orchestrated a crime have any influence in any way on its prosecution?

Don L on November 17, 2013 at 2:04 PM

Holder is the thug who keeps the fraud chief.

Schadenfreude on November 17, 2013 at 2:05 PM

Just trying to drag it out until he is gone.

Cindy Munford on November 17, 2013 at 2:05 PM

Reading the DOJ motion, one can only come to one conclusion: “When you’ve got nothing, try baffling them with BULLSHIT!”

GarandFan on November 17, 2013 at 2:07 PM

frog march the SOB…!!!

going2mars on November 17, 2013 at 2:07 PM

Holder will try everything in his “Introduction to Law” textbook to try and avoid this decision.

It’s akin to Jeffrey Dahmer not wanting investigators to open the barrels he has in his apartment.

Whatever is beneath the lid is going to stink to high heaven and get people in trouble.

NB: Dahmer killed fewer people than is alleged in F&F.

Eric, you’re going to need more soap to wash the blood from your hands.

turfmann on November 17, 2013 at 2:08 PM

By the way, if you were wondering why the Obama Administration was trying to stack the United States Court of Appeals for the District of Columbia, this is one of the leading reasons why.

It’s to block / intercept / dismiss existing and potential legal actions directed against the abuses of the Obama Administration.

Athos on November 17, 2013 at 2:09 PM

We’ll be watching all this crap dragged out for the next 3 years.
NOTHING will happen. There will be NO accountability.

LeftCoastRight on November 17, 2013 at 2:10 PM

This dirtbag is just like his boss . . . a crook who answered to nobody.

rplat on November 17, 2013 at 2:12 PM

What Holder is actually trying to do is to expand Executive privledge to include Cabinet to Sub-ordinate communications. This massive extension would make ALL government OVERSIGHT IMPOSSIBLE.

The goal of the lawless is always to hide the tracks of their illegal actions. Eric Holder should be sitting in a federal prison waiting trial for his continuous lieing to congress.

Note: Obama will be issueing a massive number of PARDONS for all of his HENCHMEN before he finally leaves office in total disgrace.

Freddy on November 17, 2013 at 2:18 PM

I recently read somewhere that someone in the house is planning to impeach Holder. Impeaching Obama would just make him a martyr but Holder has no such protection.

Anyone have any insight here?

gh on November 17, 2013 at 2:22 PM

“The very experience of participating in such proceedings will cause harm—to the Defendant, the Executive Branch, and the separation of powers—that cannot be reversed if the D.C. Circuit ultimately rules in Defendant’s favor on the threshold questions presented,”

Wow. A lower court decision, reversed by a higher court, sets precedent?

Was this written by an attorney? I don’t think so.

unclesmrgol on November 17, 2013 at 2:22 PM

A group of House Republicans introduced a resolution last week to impeach Eric Holder.

The challenge with this is that if impeached by the House, the trial would take place in the Senate where it will likely be decided by a party-line vote. It’s not going anywhere unless the GOP get’s a super-majority in the Senate.

At best, it’s a largely symbolic action against Holder and his illegal and unethical actions. As long as the President continues to support him, Holder will add to a resume that already has him surpassing John Mitchell as one of the worst, if not the worst, AG’s in the country’s history.

Athos on November 17, 2013 at 2:29 PM

Just trying to drag it out until he is gone.

Cindy Munford on November 17, 2013 at 2:05 PM

I’m pretty sure he has a fill-in-the-blank presidential pardon letter in his wall safe, like that guy in ‘Clear and Present Danger’.

slickwillie2001 on November 17, 2013 at 2:30 PM

They really do think they are some 3rd world government.

CWchangedhisNicagain on November 17, 2013 at 2:32 PM

Lock. Him. Up.

viking01 on November 17, 2013 at 2:34 PM

Thugs run the land

Schadenfreude on November 17, 2013 at 2:35 PM

That Obama depends so much on cheap and lazy minded thugs like Holder speaks volumes about Obama’s lack of character.

and the dems defend this goon like he was the family pet.

mark81150 on November 17, 2013 at 2:44 PM

Tar and feathers.

Exile to Cuba.

viking01 on November 17, 2013 at 2:48 PM

…why isn’t he in jail?

KOOLAID2 on November 17, 2013 at 2:04 PM

Because he is the chief law enforcement thug for the most unaccountable administration ever. He holds the jail keys and knows where the bodies are buried. None of their lawless and blatant actions have been brought to account. Not one.

ghostwalker1 on November 17, 2013 at 2:58 PM

Pathetic, transparent delaying tactic. Anticipate it being brushed aside by the District Court.

novaculus on November 17, 2013 at 3:19 PM

Mirrors Illinois politics where the most powerful man in our capitol’s daughter is the Attorney General. She’s only interested in consumer fraud, not political fraud.

Fallon on November 17, 2013 at 3:23 PM

Eric Holder in an orange jumpsuit.

Nothing less.

CurtZHP on November 17, 2013 at 3:40 PM

There are 2 reasons for this. First, and foremost, Obama is an amateur. He believes that he can just say things and it’s alright. The reason is that Pravda, Izvestia, and the MSM have never called him on the constitutionality of what he does. The funny thing is there is one more group that refuses to call him on them, the Democrats. God only knows where their credibility will be when there’s a Republican President. There was a time when Congress protected itself from the Presidency, apparently, when Obama was elected, the Democrats decided to not protect Congress from Executive Branch intrustion any more. Bad policy, and bad precedent.

Nancy Pelosi and the rest of the Democrats should be thrown out of office for this, but they are elected by those low information voters so who knows what will happen.

bflat879 on November 17, 2013 at 3:43 PM

The Discovery Channel is doing a rehash of Watergate with Woodward and Bernstien this week some time. It is sad that these people haven’t investigated current crimes by the current administration.

hey Woody and Bernie do your so called jobs you party hacks.

Rio Linda Refugee on November 17, 2013 at 3:45 PM

RICO.

Mason on November 17, 2013 at 4:10 PM

The Discovery Channel is doing a rehash of Watergate with Woodward and Bernstien this week some time. It is sad that these people haven’t investigated current crimes by the current administration.

hey Woody and Bernie do your so called jobs you party hacks.

Rio Linda Refugee on November 17, 2013 at 3:45 PM

Woodie saves any good material for his crappy books. Bernie hasn’t done much of anything since. Watergate fell into their laps.

slickwillie2001 on November 17, 2013 at 4:17 PM

Eric Holder in an orange jumpsuit.

Nothing less.

CurtZHP on November 17, 2013 at 3:40 PM

Beat me to it…

PointnClick on November 17, 2013 at 4:23 PM

By the time this is decided, there will not be one, single scrap of paper pertaining to ‘F&F’ with holder’s or obama’s name attached to it in any way.

That’s what shredders and lackeys are for.

Solaratov on November 17, 2013 at 4:46 PM

I’m pretty sure he has a fill-in-the-blank presidential pardon letter in his wall safe, like that guy in ‘Clear and Present Danger’.

slickwillie2001 on November 17, 2013 at 2:30 PM

If I recall correctly that didn’t do him much good when he met Mr. Clark and Mr.Chavez a little later on. Could be mistaken, been a while since I read that book.

Oldnuke on November 17, 2013 at 5:28 PM

The Discovery Channel is doing a rehash of Watergate with Woodward and Bernstien this week some time. It is sad that these people haven’t investigated current crimes by the current administration.

hey Woody and Bernie do your so called jobs you party hacks.

Rio Linda Refugee on November 17, 2013 at 3:45 PM

Woodie saves any good material for his crappy books. Bernie hasn’t done much of anything since. Watergate fell into their laps.

slickwillie2001 on November 17, 2013 at 4:17 PM

lol, Bernie these days in fact looks amazingly like Buck Owens, just before he kicked the bucket a few years back.

Del Dolemonte on November 17, 2013 at 6:24 PM

“The very experience of participating in such proceedings will cause harm—to the Defendant …”

The same can be said of the robber who held up the local 7-11.
This argument never got him any where; so why should the Executive branch get better ?

J_Crater on November 17, 2013 at 7:47 PM

I would think that having Congress and the White House knowing that the courts could intervene would promote more settlement through negotiations, not less. If people think bad behavior will not go unchallenged, why should they behave.

bartbeast on November 17, 2013 at 9:52 PM

I wonder if any Attorney General’s of ANY of the States can file paperwork (of some sort) that will PREVENT the DOJ from ‘losing’ or ‘shreading’ ANY documents generated under this thugocratic administration?
Because as others have postulated before this post … there is NOTHING going to happen REMOTELY RELATED TO JUSTICE coming out of this DOJ.
Hercules scrubbing of the Augean stables was picnic compared to what the next administration will have to clean up and make right from the malfeasance and maleveolence of this DOJ.

Missilengr on November 17, 2013 at 10:33 PM

I find it interesting that HotAir and other sites have been rather quiet about the push to impeach Holder this past week. Only commenters are mentioning it.

oryguncon on November 17, 2013 at 10:41 PM

…why isn’t he in a Mexican jail?

KOOLAID2 on November 17, 2013 at 2:04 PM
……………………………..

FTFY!

Another Drew on November 18, 2013 at 1:27 AM