Posted by Michael Kennedy on June 20th, 2012 (All posts by Michael Kennedy)
This morning, moments before a House vote on Contempt of Congress by Eric Holder, the Attorney General, the White House announced that President Obama is invoking executive privilege. Holder requested the action in a letter to Obama.
He said making the documents public “would have significant, damaging consequences,” but he did not disclose whether Obama has been briefed or had another supervisory role in Fast and Furious.
This raises the question of whether there are Obama fingerprints on the policy. Some documents have been released and some others, including incriminating e-mails, have been leaked to the committee. So far, Obama’s name has not been found in the documents. His action will now raise suspicion and will force news media, that have minimized the scandal, to inform incredulous readers that it is a big deal after all.
Richard Nixon could have ignored the burglary of the DNC offices in 1972. We now know that nothing was found that would have tarnished his reputation. It was the coverup that damaged him fatally. The election is coming in 5 months. The Watergate story did not really break until after the 1972 election. This seems to be breaking much sooner and its effect on Obama’s chances are hard to predict. The coming Supreme Court decision on Obamacare may overshadow this story.
Sen. Chuck Grassley, ranking member of the Senate Judiciary Committee, asked how Obama could assert executive privilege “if there is no White House involvement?”
A spokesman for House Speaker John Boehner said Obama’s move “implies that White House officials were either involved in the ‘Fast and Furious’ operation or the cover-up that followed.”
“The administration has always insisted that wasn’t the case. Were they lying, or are they now bending the law to hide the truth?” Brendan Buck said.
It doesn’t sound like it is going to subside anytime soon. It will be interesting to see if more leaks appear. The White House leaks like a sieve and not all are Obama fans, it seems.
Powerline writes that It won’t prevent Holder form being held in contempt.
Whether these consequences and concerns form the basis for a valid assertion of executive privilege is another matter. I’m no expert on the subject, nor do I know all of the ins-and-outs of the dispute between Holder and Issa’s Committee. However, when Congress has a sound basis for believing that the Executive branch lied to it over material matters as part of a coverup in the course of a legitimate congressional oversight investigation, regard for a proper balance in the relationship between Congress and the Executive argues strongly in favor of enabling Congress to obtain all documents relevant to the coverup, including those generated during the process through which the cover-up is reasonably believed to have occurred.
It will be interesting and may affect the election.
National Review Online has a piece that may explain the program.
an e-mail sent on July 14, 2010. After the operation, former ATF field operations assistant director Mark Chait e-mailed Bill Newell, then ATF’s Phoenix special agent in charge of Fast and Furious, to suggest a possible way to use Fast and Furious:
Bill — can you see if these guns were all purchased from the same (licensed gun dealer) and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks.
This “demand letter” refers to the push for a policy that would require U.S. gun shops in southwestern states to report the sale of several rifles or shotguns to a single buyer. According to CBS, “Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.”
This may have begun as an attempt to require licenses for long guns.