{"id":8165,"date":"2012-06-23T13:07:48","date_gmt":"2012-06-23T17:07:48","guid":{"rendered":"http:\/\/angry.net\/blog2\/?p=8165"},"modified":"2021-04-11T13:07:25","modified_gmt":"2021-04-11T17:07:25","slug":"obamas-privilege-the-fallout","status":"publish","type":"post","link":"https:\/\/angry.net\/blog2\/?p=8165","title":{"rendered":"Obama\u2019s Privilege, the fallout"},"content":{"rendered":"

Earlier this week. President Obama claimed Executive Privilege with regards to handing over the Fast and Furious documents demanded by Congress. Before this claim, Attorney General Eric Holder was facing a contempt of congress charge. The question is, Why did Obama make this claim of Privilege now?<\/p>\n

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This is rather important. Since Obama has made this claim of Executive Privilege, he has now inserted himself into the whole F&F debacle. Prior to this, he had been saying he had no information about this operation. With this new claim, Obama is basically saying that he does know about it.<\/p>\n

A number of people, among them skilled attorneys, have also been questioning the actual claim of Executive Privilege, whether it will stand up in court and more importantly, why now?<\/p>\n

Powerline Blog\u2019s<\/a> John Hindraker<\/a>, who is a lawyer, had a lot to say about this<\/a>:<\/p>\n

Today Deputy Attorney General James Cole advised Darrell Issa, Chairman of the House Oversight and Government Reform Committee, that the Department of Justice will not respond to the committee\u2019s subpoena of certain documents relating to the Fast and Furious scandal. Instead, the Obama administration is asserting a claim of executive privilege for the reasons laid out in Eric Holder\u2019s letter to President Obama dated June 19.<\/p><\/blockquote>\n

This caught everyone by surprise, especially the Mainly Stupid Media that has been covering up Der Fubar\u2019s failures.<\/p>\n

Holder\u2019s 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\u2019s hands because of their damaging nature. If I am correct that the administration\u2019s 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. \u2026<\/p>\n

[T]he case that is most directly pertinent to Holder\u2019s assertion of executive privilege isIn re Sealed Case (Espy)<\/em>, 121 F.3d 729 (D.C. Circuit 1997), which, along with\u00a0Judicial Watch v. Department of Justice<\/em>, 365 F.3d 1108 (D.C. Cir. 2008), cites and relies upon\u00a0Espy<\/em>, contains the most up to date judicial exposition of the doctrine of executive privilege. Unbelievably, Holder\u2019s letter never cites or mentions the Espy <\/em>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\u2026.<\/p>\n

But Holder\u2019s letter completely fails to acknowledge what a weak reed the \u201cdeliberative process privilege\u201d is in the circumstances of this case. In Espy<\/em>, the court said:<\/p>\n

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\u2026.<\/em><\/p>\n

The deliberative process privilege is a qualified privilege and can be overcome by a sufficient showing of need. \u2026 <\/em>For example, where there is reason to believe the documents sought may shed light on government misconduct, \u2018the privilege is routinely denied,\u2019 <\/strong>on the grounds that shielding internal government deliberations in this context does not serve \u2018the public\u2019s interest in honest, effective government.\u2019\u201d<\/em>(Snipped from the Hot Air posting on this subject<\/a>)<\/p><\/blockquote>\n

Bill Whittle posted an Afterburner video asking why Obama inserted himself into this and comes to a rather brutal conclusion. Obama and Holder knew from day one about the operation, knew what was going to happen and authorized it so they could use the murder of Mexican citizens to ram through new Gun Control legislation.<\/p>\n

[youtube]http:\/\/www.youtube.com\/watch?v=UFIpoL3jrfo[\/youtube]<\/p>\n

Pretty strong stuff. It might also explain why Obama and Holder have been stonewalling this for so long. The worst case scenario for the Obama administration would be Obama, Holder, and most of the cabinet including Hillary Clinton, (Who would have to know about this since a foreign country was involved), would be looking at prison, probably for the rest of their lives.<\/p>\n

One can only hope.<\/p>\n

I found this scorecard at the Anti-Idiotarian Rottweiler<\/a>. The Democrats have been trying to blame Bush, (as usual) for doing the same thing. This card shows the differences:<\/p>\n

\"\"<\/a><\/p>\n

Thatisall…for now.<\/p>\n

<\/em>~The Angry Webmaster~<\/strong><\/em><\/p>\n\"1\"2\"3\"4\"5 (1<\/strong> votes, average: 1.00<\/strong> out of 5)
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What Was Obama’s Role in Fast and Furious Scandal and Coverup …<\/h3>\n<\/div>\n
Now that Obama has hastily thrown his executive privilege cloak around his Attorney General Eric Holder, at the 11th hour of the year-long Fast and Furious investigation, new and important questions arise regarding Obama’s involvement …<\/div>\n
http:\/\/usbacklash.org\/ \u2014 Sat, 23 Jun 2012 06:21:59 -0700<\/span><\/div>\n<\/div>\n
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Fast and Furious \u2013 Emotional interview with Brian Terry’s parents …<\/h3>\n<\/div>\n
President Obama’s decision to assert executive privilege over Operation Fast and Furious documents not only failed to delay contempt proceedings against Attorney General Eric Holder \u2014 it raised a whole new line of constitutional questions …<\/div>\n
http:\/\/worldviewtonight.com\/ \u2014 Sat, 23 Jun 2012 04:48:20 -0700<\/span><\/div>\n<\/div>\n
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ANDREW McCARTHY: THE KEY TO UNDERSTANDING FAST AND …<\/a><\/h3>\n<\/div>\n
The president invoked executive privilege because he is protecting himself. On March 22, 2011, in an interview on Spanish-language television, President Obama, unbidden, brought up Fast and Furious in what were obviously considered …<\/div>\n
http:\/\/www.ruthfullyyours.com\/<\/a> \u2014 Sat, 23 Jun 2012 03:04:44 -0700<\/span><\/div>\n<\/div>\n
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Fast And Futile: How Obama Is Hiding Behind Executive Privilege<\/a><\/h3>\n<\/div>\n
The Fast and Furious investigation by the House Oversight and Government Reform Committee has produced President Obama’s first executive privilege claim. The Committee has been aggressively looking into the ATF’s botched operation …<\/div>\n
http:\/\/docstalk.blogspot.com\/<\/a> \u2014 Fri, 22 Jun 2012 22:08:00 -0700<\/span><\/div>\n<\/div>\n
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In Holder’s Fast and Furious Defense, Obama Should Explain …<\/h3>\n<\/div>\n
COMMENTARY | President Barack Obama made a mistake when he invoked executive privilege to withhold documents in Attorney General Eric Holder’s “Fast and Furious” controversy. Obama may have justified reasons — mainly preventing …<\/div>\n
http:\/\/stories-news.blogspot.com\/ \u2014 Fri, 22 Jun 2012 20:31:00 -0700<\/span><\/div>\n<\/div>\n
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Confessions of an Oppo Researcher: The Plot Thickens: Obama …<\/a><\/h3>\n<\/div>\n
The Plot Thickens: Obama Asserts Executive Privilege to Block Fast & Furious Disclosures. The Obama administration has a narrative about Fast & Furious. The Wall Street Journal obligingly reported it this morning, as follows: …<\/div>\n
http:\/\/politicalrisktoday.blogspot.com\/<\/a> \u2014 Fri, 22 Jun 2012 19:57:00 -0700<\/span><\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Earlier this week. President Obama claimed Executive Privilege with regards to handing over the Fast and Furious documents demanded by Congress. Before this claim, Attorney General Eric Holder was facing a contempt of congress charge. The question is, Why did Obama make this claim of Privilege now? Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":8169,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[37,71,8,9,35],"tags":[52,15,101,18,8,110,34],"class_list":["post-8165","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-liberty-politics","category-news-of-the-day","category-politics","category-terrorism-crime","category-tyranny","tag-constitution","tag-incompetence","tag-news","tag-obama","tag-politics","tag-scoamf","tag-stupidity"],"views":1203,"jetpack_featured_media_url":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2012\/06\/f-and-f-vs-wide-receiver-fixed.jpg?fit=512%2C640&ssl=1","jetpack-related-posts":[{"id":8131,"url":"https:\/\/angry.net\/blog2\/?p=8131","url_meta":{"origin":8165,"position":0},"title":"Holder and Obama claim Executive Privilege","author":"Angry Webmaster","date":"June 20, 2012","format":false,"excerpt":"In the words of somebody somewhere, the solid brown biological waste matter has impacted the rotating atmospheric impeller. Eric Holder is claiming Executive Privilege in Fast & furious fiasco.","rel":"","context":"In "Crime"","block_context":{"text":"Crime","link":"https:\/\/angry.net\/blog2\/?cat=3"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":28622,"url":"https:\/\/angry.net\/blog2\/?p=28622","url_meta":{"origin":8165,"position":1},"title":"No Nads Nadler claims \u201cConstitutional Crises!!\u201d","author":"Angry Webmaster","date":"May 10, 2019","format":false,"excerpt":"Good day all. In a surprise to no one, the CommuNazis on the House Judiciary have voted to hold Attorney General Barr in contempt of congress. Now No Nads Nadler, has decided that we are in a \u201cConstitutional Crisis!!!\u201d because the AG is actually upholding the law. Jerry \u201cNo Nads\u201d\u2026","rel":"","context":"In "Crime"","block_context":{"text":"Crime","link":"https:\/\/angry.net\/blog2\/?cat=3"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2015\/07\/eye-roll-292x300.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":42806,"url":"https:\/\/angry.net\/blog2\/?p=42806","url_meta":{"origin":8165,"position":2},"title":"Biden claims executive privilege to block release of Hur recordings","author":"Angry Webmaster","date":"May 26, 2024","format":false,"excerpt":"Good day all. A few months ago, Robert Hur, who was the Special Counsel, (And had been confirmed into office by the Senate), that was investigating Joe Biden\u2019s theft of classified information, released his findings. Basically, he said that Biden did break the law, but was to senile to be\u2026","rel":"","context":"In "Moonbat"","block_context":{"text":"Moonbat","link":"https:\/\/angry.net\/blog2\/?cat=100"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/i.pinimg.com\/originals\/67\/34\/35\/6734353da73df5fac40052c20ee97faa.png?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":46722,"url":"https:\/\/angry.net\/blog2\/?p=46722","url_meta":{"origin":8165,"position":3},"title":"What goes around, comes around. Trump cancels Biden executive privilege","author":"Angry Webmaster","date":"March 16, 2026","format":false,"excerpt":"Good day all. Back in the interim between President Trump\u2019s first term and his current term, the Biden Maladministration declared lawfare on President Trump and anyone close to him. One of the things the Biden Regime did was declare that President Trump didn\u2019t have any Executive Privilege. This was done\u2026","rel":"","context":"In "Just Desserts"","block_context":{"text":"Just Desserts","link":"https:\/\/angry.net\/blog2\/?cat=135"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/i.pinimg.com\/736x\/79\/cf\/97\/79cf97a8a1dda3462047cc50a33ffbe8.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":6797,"url":"https:\/\/angry.net\/blog2\/?p=6797","url_meta":{"origin":8165,"position":4},"title":"Pay for the \u201cPrivilege\u201d of being born an American","author":"Angry Webmaster","date":"February 24, 2012","format":false,"excerpt":"Did you know that being born in the United States and being an American was a special privilege? I know that immigrating and becoming a naturalized citizen was. I didn't know being born here and having money was a privilege. Good luck yes, but a privilege? Nope!","rel":"","context":"In "Crime"","block_context":{"text":"Crime","link":"https:\/\/angry.net\/blog2\/?cat=3"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7456,"url":"https:\/\/angry.net\/blog2\/?p=7456","url_meta":{"origin":8165,"position":5},"title":"Obama claims ownership of U.S. Government","author":"Angry Webmaster","date":"April 23, 2012","format":false,"excerpt":"Well well well, the Dog eater in Chief new claims that the government is his. I read the headline on Drudge and followed it to a story in the New York Slimes via MSNBC.","rel":"","context":"In "Crime"","block_context":{"text":"Crime","link":"https:\/\/angry.net\/blog2\/?cat=3"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2012\/04\/polls_hot_dog_mustard.jpeg?resize=350%2C200","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/8165","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8165"}],"version-history":[{"count":18,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/8165\/revisions"}],"predecessor-version":[{"id":34302,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/8165\/revisions\/34302"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=\/wp\/v2\/media\/8169"}],"wp:attachment":[{"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/angry.net\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}