Court rulings suggest 'privilege' claim over 'Furious' docs would fizzle, Republicans say

story from Fox News
June 23, 2012

Court rulings suggest 'privilege' claim over 'Furious' docs would fizzle, Republicans say
Some Past court rulings suggest the President's recent "Executive Privilege" claim in the Fast & Furious scandal could in fact be illegal !!

The appeals court ruled in 2004 against a Bush privilege claim, and has done similar rulings in other cases

The main theme was:

"The privilege disappears altogether when there is any reason to believe government misconduct occurred."

- D.C. appeals court in 2004

I'm sure Obama and his lawyers know this.

Maybe it's a stall tactic.

A court challenge could damage Obama even further, as it could linger throughout the Campaign.

I bet we see a court challenge this week !!!

And Maybe Eric Holder pleads the 5th.

President Obama may have to clear a high bar in order to lock down Fast and Furious documents from the prying eyes of congressional investigators.

After the White House asserted executive privilege over potentially thousands of documents pertaining to the botched anti-gunrunning operation, critics of the move pointed out that the federal appeals court in the nation's capital has taken a skeptical view toward privilege claims in the past.

The D.C. appeals court in 2004 rejected a privilege claim made by the George W. Bush White House pertaining to Justice Department documents dating back to the Clinton administration.

That case involved a different type of claim, but a 1997 opinion from the same court made an observation that could come back to haunt the Obama administration if the current case ends up before the federal judiciary.

"The privilege," the court wrote, "disappears altogether when there is any reason to believe government misconduct occurred."

The article has links to the past court cases, and some comments from Republicans,
and a link to the 8-page letter Holder wrote to Obama asking for the EP.

"The privilege disappears altogether when there is any reason to believe government misconduct occurred."

Yeah that covers FF and Holder and Obama both think they are above the law,

As gullty as they both are I am not holding my breath both have gotten away with murder.

They cover up the documents because the republicans are going on a political witch-hunt, but at the same time they shoot themselves in the foot by using a controversial executive privilege order. Makes me think there is more to those extra documents.

Of course they are just going to point out that there is no reason to suspect any wrong doing since all the documents have been provided. Seems sorta like circular reasoning but it feels mostly like slamming my head on the desk.

A lot of this would be cleared up if the administration just came out and said why they issued an 11th hour order. I suspect it'll be national security reasons, naturally.

reply to post by xuenchen


I’ll bet a month’s check to your favorite charity that they will try it and fail.

Then again that means I’ll have to eat nothing but beans and rice, so the global warming thing may be proven.

But the more they dig in their heels, the more they look guilty IMO.

Originally posted by MeesterB

A lot of this would be cleared up if the administration just came out and said why they issued an 11th hour order. I suspect it'll be national security reasons, naturally.

But...but...they said they would be transparent!



What a bunch of hypocrites.

Why didn't they charge Holder with perjury?