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DOJ Seeks Dismissal of ‘Fast and Furious’ Lawsuit That Could Force Holder to Cough Up Withheld Documents

Oct. 16, 2012 12:30am Jason Howerton

Photo credit: Getty Images

WASHINGTON (AP) — The Justice Department on Monday night sought dismissal of a lawsuit by a Republican-led House committee demanding that Attorney General Eric Holder produce records about the botched law enforcement probe of gun-trafficking called Operation Fast and Furious.

President Barack Obama has invoked executive privilege and the attorney general has been found to be in contempt of Congress for refusing to turn over documents that might explain what led the Justice Department to reverse course after initially denying that federal agents had used a controversial tactic called gun-walking in the failed law enforcement operation. The tactic resulted in hundreds of illegally acquired weapons purchased at Arizona gun shops winding up in Mexico, where many of them were recovered from crime scenes. Two guns in Operation Fast and Furious were found on the U.S. side of the border at the scene of a shooting in which U.S. border agent Brian Terry was killed. In a Feb. 4, 2011 letter to Congress, the Justice Department said that agents made every effort to interdict weapons that have been purchased illegally and prevent their transportation to Mexico, which turned out to be incorrect. Ten months later, the department withdrew the letter.

In its court papers, the Justice Department says the Constitution does not permit the courts to resolve the political dispute between the executive branch and the House Oversight and Government Reform Committee that is seeking the records. The political branches have a long history of resolving disputes over congressional requests without judicial intervention, the court filing said.

If the lawsuit is allowed to go forward, “countless other suits by Congress are sure to follow, given the volume of document requests issued by the dozens of congressional committees that perform oversight functions,” the Justice Department’s court filing stated. “This case thus illustrates vividly why the judiciary must defer to the time-tested political process for resolution of such disputes.”

The Justice Department cited a Supreme Court ruling which said the court lacked jurisdiction to decide a challenge brought by several members of Congress to the constitutionality of the line item veto law.

In the current dispute over records from Operation Fast and Furious, the House asked the court to reject a claim by the president asserting executive privilege, a legal position designed to protect certain internal administration communications from disclosure.

The failure of Holder and House Republicans to work out a deal on the documents led to votes in June that held the attorney general in civil and criminal contempt of Congress.

In Fast and Furious, ATF agents abandoned the agency’s usual practice of intercepting all weapons they believed to be illicitly purchased, often as soon as they were taken out of gun shops. Instead, the goal of the tactic known as “gun-walking” was to track such weapons to high-level arms traffickers, who had long eluded prosecution, and to dismantle their networks. Federal agents lost track of many of the guns. The operation identified more than 2,000 illicitly purchased weapons, and some 1,400 of them have yet to be recovered.

Featured image from Getty Images.

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

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Comments (80)

GETLIFE
Posted on October 16, 2012 at 7:22am
Why did Obama invoke executive privilege?
Everyone insists he has nothing to hide….

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- Detroit paperboy
  Posted on October 16, 2012 at 7:42am
  Eric Holder;;;;;;;;;affirmive action;;;;;;;;;;;;;; NUFF said…………….
  
  Report this comment
- HumbleMan
  Posted on October 16, 2012 at 8:39am
  Holder is probably sighing a breath of relief, now that the attention has turned to Benghazi. Seriously, if the deeds of this administration ever see the light of day, a whole lot of people will be in jail.
  
  Report this comment
- oldguy77
  Posted on October 16, 2012 at 9:02am
  Does any body else on here know that Eric Holder was at one time a member of the black panther party?Saw a picture of him on here with an afro.hairdo.Probabily in his collage days.
  
  Report this comment
- Vickie Dhaene
  Posted on October 16, 2012 at 9:37am
  Because they have other arms dealing around the world. Say Libya?
  
  Report this comment
- FesteAinoriba
  Posted on October 16, 2012 at 12:08pm
  The claim of executive privilege amounts to a claim that the executive branch should be able to break the law, then cover it up with impunity from scrutiny by the public, the states, or by the other two branches of the federal government. Absurd! Executive privilege does not give the right to violate law.
  
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- turkey13
  Posted on October 16, 2012 at 1:17pm
  No matter what Holder’s crimes are he will never do any time. Does everyone forget the pardon list. Holder is toward the bottom of page 3. Remember Mark Rich who owed the IRS 30 $$ million bucks and he fled the country. Bill Clinton gave him a pardon and now he is living here in the USA and the 30 Million was and will never be paid. If we didn’t have all theses crooked politicians that give the finger to term limits the law would be repealed. This is one law that needs to go and then politicians wouldn’t be doing all these things (Health Care Bill) behind closed doors.
  
  Report this comment
- desertspeaks
  Posted on October 16, 2012 at 3:58pm
  so impeach this pos holder, then fine him and imprison him! But will they? NO! they are all in the same game and it’s all smoke and mirrors. They give lip service to the laws of this nation but rarely if ever enforce them upon the other members of THE CLUB!
  
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legendarytwo
Posted on October 16, 2012 at 7:00am
Holder sees it doesn’t look good for Obama winning and now he is trying to save his own skin. With a real DOJ put in place a lot of these Chicago crooks will have to run to stay out of jail. Things like illegal campaign finance, voter fraud, bribing of politicians, and criminal programs and activities outside the framework of our Constitution are just a good days work for these guys. The problem with overthrowing governments is that if it doesn’t work you go to jail. The people will demand it.

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Enchanted
Posted on October 16, 2012 at 7:00am
barry and his communist czars and whoever holds the strings of barry thought the people of the United States would lie back and take this socialist garbage. Instead they have woken a sleeping giant.

don’t put holder in jail until after barry leaves the office or else he will just pardon him.

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- oldguy77
  Posted on October 16, 2012 at 9:27am
  Go to the Blaze and type in Eric Holder.He was in Columbia in 1970 when the “student afro american sociaty”took over a hall in order to make it a black stury center.He looks great in his Afro hairdo.
  
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MiCurmudgeon
Posted on October 16, 2012 at 6:39am
The dismaissal of Holder and Obama would solve the issue !!!

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- MiCurmudgeon
  Posted on October 16, 2012 at 7:56am
  I obviously failed to use spell-check….DISMISSAL is the word that should be applied to Holder and Obama.
  
  Report this comment
- decendentof56
  Posted on October 16, 2012 at 8:00am
  Their dismissal would indeed be welcome.
  However, with all the illegal (non-US citizen) votes Obama and racist Holder’s DOinJ has assured by denying states the right to confirm US citizenship, plus the hypocritical, social-justice- we don’t believe in abortion but will vote for an abortionist- Catholics, plus the corrupt union (teachers included) vote, it will be hard to defeat Obama.
  It can be done, but patriotic Americans must get to the polls in droves to do it.
  
  Report this comment
- YesNdeedie
  Posted on October 16, 2012 at 8:09am
  I would prefer the word “prosecute” and “Convict” more than a mere dismissal.
  
  Report this comment
- guns-an-bibles
  Posted on October 16, 2012 at 8:34am
  Why don’t we send Holder and Obama to Mexico instead of prison?
  
  Report this comment
TexPat
Posted on October 16, 2012 at 6:20am
Could we have a more corrupt administration? Not until we become a totally socialist/communist nation. This is so “in your face” and “I can do anything I want” that it is disgusting. Come on AMERICA join forces and force these criminals out of our government. WE DESERVE BETTER.

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- MikeRestin
  Posted on October 16, 2012 at 8:23am
  I agree we deserve better but we don’t deserve to have Mitt Romney shoved down our throats like they did with John McCain.
  Better would be Gary Johnson but you republicans leave him off the polls to keep him out of debates.
  Then you file lawsuits to kick him off the ballot.
  Now that’s how unAmerican the republicans are. Look how they treated RP. I will waste my vote on someone who’s the same as Obama. There’s no difference between a rotten apple and a rotten potato. I will not throw away my vote. If Obama wins it MUST BE GOD’S WILL!
  mr
  
  Report this comment
JTX
Posted on October 16, 2012 at 5:56am
HOLDER=Jail

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- Big Media Bias
  Posted on October 16, 2012 at 6:25am
  No. He is involved in aiding and promoting First Degree Murder. Execution is the appropriate punishment.
  
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hereandnow
Posted on October 16, 2012 at 4:10am
“Open and Transparent”…? right ;/ Isn’t it amazing that somehow even when given the facts, some will still deny their existence. Where doe’s the buck really stop?

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- fightsocialismnow
  Posted on October 16, 2012 at 5:06am
  What’s really troubling, is that this is being buried by the media. The “fun” thing about it is that, had this been a Republican there would be 50million reporters outside of the White House and all types of investigations and secret tapings going on all over Washington trying to expose some type of scandal. But because the media is complicit in all of this stupidity there is no telling how we are going to get the truth out of this until years later, I’m afraid to say.
  
  Report this comment
nesmond
Posted on October 16, 2012 at 4:08am
test

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- brickmoon
  Posted on October 16, 2012 at 4:55am
  DOJ failed again.
  
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Diane TX
Posted on October 16, 2012 at 3:16am
I have my turban on, and the predictions are coming fast and furious. What? Obama loses his second debate and the blame is placed on David Axlerod for advising mental midget, Barack Obama, that politics are exactly the same, nationally, as they are in Chicago.

Unfortunately, no one asked Obama about the feud on American Idol between Nicki Minaj and Mariah Carey, and gee, he’s so on top of that one! Barack said: “Liar, liar, pants on fire” to Romney, and everyone just looked at him like he was the dumbest man in the room.

Bets are running that Obama will NOT show up for the last debate, because it’s on foreign policy and Obama knows nothing about that stuff, but he does know all about Nicki and Mariah.

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- fightsocialismnow
  Posted on October 16, 2012 at 5:12am
  @ Diane tx
  Oh you silly pants, don’t you know that the most important thing, are things that don’t matter. Like American Idol, and all the shows up that keep us distracted. It makes a presidency more hip when he’s able to cite which singers most popular. But forget about meeting with the Israeli president, that’s just inconvenient for chairman Chairman MaoBama.
  
  Report this comment
- lisalake
  Posted on October 16, 2012 at 5:58am
  I agree that oBozo will weasel out of the foreign policy debate….There IS NO WAY he can have a discussion on this topic without revealing his ultimate goals…
  
  Report this comment
- RJJinGadsden
  Posted on October 16, 2012 at 7:31am
  Think about this for a moment. If Eric Holder had been around to consult with John Mitchell…..
  
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AlwaysAmazed
Posted on October 16, 2012 at 3:15am
Contempt of Congress…
Contempt of the Courts…
Contempt for the Constitution…
Contempt of the Law…
Contempt for America…
Contempt for Honesty and Truth…
Contempt for all Citizens…
Contempt for…
Contempt of…
It’s all the same to Holder & Gang.
Why do these contemptible people stay in America?
And why do we elect them to office?
Tea Party Time.

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- fightsocialismnow
  Posted on October 16, 2012 at 5:16am
  @always amazed
  
  Amen brother. I think we should all have 1 last big tea party about a week before the election. Just to remind them that we haven’t forgotton. And that it’s too late to have done anything right to make us change our minds.
  
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ugottabekidding
Posted on October 16, 2012 at 3:10am
The time for honoring yourself is at an end, Mr. Holder.

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- yougottabekidding
  Posted on October 16, 2012 at 4:50am
  Very original!
  
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277Volt
Posted on October 16, 2012 at 2:30am
In a perfect world Holder, Clinton and Obama would be extradited to Mexico to face 300+ accessory to murder charges.

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- SolitudeBliss
  Posted on October 16, 2012 at 7:29am
  And you know they’ll never be able to go there once they’re out of govt. Mexicans don’t forget.
  
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calmandcents
Posted on October 16, 2012 at 2:13am
One of the reasons that el presidente cannot attend the daily security briefings is because of the daily shredding parties over at DOJ. One of these days soon, he will be before a federal prosecutor — as will many in this cronnie group — answering for their actions.

The absolute worse thing that Romney could ever do is to pardon this Administration for its high crimes against America. It has been for a very long time that the worse enemies of America are our own governments.

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- WilliamWallace1
  Posted on October 16, 2012 at 2:26am
  “Answering for their actions,” yeah right the one at the top always get a pass.
  
  Report this comment
BODYBAG
Posted on October 16, 2012 at 1:49am
Captain, the ship is taking on water ——-

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- QuincySmith
  Posted on October 16, 2012 at 2:36am
  And little furry creatures are scurrying to get of the sinking ship of mistake 2008.
  
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nzkiwi
Posted on October 16, 2012 at 1:48am
This case is extremely important because, if Mr Holder and the Obama administration (and the Obama administration is deeply enmeshed in this) are allowed to prevail, it will set a precedent for all administrations to come, be they left or right.

The American system of PUBLIC accounatability is the envy of citizens, the little guys, throughout the world. In America, any person, no matter how rich or powerful, can have their actions examined in public view, and if found wanting, receive a measure of censure and formal penalty. I know that the system is not perfect, and that there are many cases where the guilty have managed to evade punishment, but the principle is intact. So far.

If Mr Holder is allowed to evade public investigation and appropriate justice, then it will be that much easier for the next powerful integrity-challenged person to cover up their actions.

The entire world was impressed with the American system when it called former president Nixon to account and displayed the result for the entire world to see. Similarly, President Clinton found that he could not bluster his way out of his humiliating actions and lies.

I hope that the American people will not allow themselves to be treated with contempt in this case as to do so will reduce them as a nation in their own eyes, and in the eyes of the world.

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- HisStoryUn
  Posted on October 16, 2012 at 2:11am
  NZKIWI – You are absolutely correct and your comments are well articulated. If The evildoers/lawbreakers within the current administration are allowed to succeed in perpetrating this crime, America will never be the same. My fear is that it may already be too late to recover from the damage done to date. How horribly sad it is for this citizen to watch the nation I love being destroyed from within. If we fall, where will the world turn?
  
  Report this comment
BSimmons451
Posted on October 16, 2012 at 1:45am
Here are 95 examples of Barack Obama’s lying, lawbreaking, corruption, and cronyism http://tinyurl.com/95examples

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- RJJinGadsden
  Posted on October 16, 2012 at 8:06am
  While I was reading that link, and getting a good laugh while at it. The author must have been on some of that medical marijuana. But, Perot has just spoken up putting his support behind Romney. Imagine that.
  
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Anonymous T. Irrelevant
Posted on October 16, 2012 at 1:29am
No plea bargains, just put the SOB and his boss away. Obama should be charged with interfering with a Federal prosecution. THEN, start procedings for the Benghazi conspiracy and murders.

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- dublinthewagons
  Posted on October 16, 2012 at 5:09am
  Agree. Then send them to Mexico for murder trials.
  
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statutoryape
Posted on October 16, 2012 at 1:08am
Mexico, Libya, etc… I’m almost surprised that no drug cartels have nuked other rival drug cartels with American nuclear warheads, compliments of Eric Holder.

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Case_Logic
Posted on October 16, 2012 at 1:05am
Holder lied and people died. Send holder to jail and be done with it. Problem solved.

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drrgb
Posted on October 16, 2012 at 1:02am
Another coverup by the most transparent president. If Obama looses, there won’t be enough shreders on the planet to get rid of the evidence on this, voter fraud, WH leaks, crony payoffs and Libya.

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stevetherealist
Posted on October 16, 2012 at 1:00am
you should get all the facts before commenting lest you look stupid, There is no unlawful behavior that can be prosecuted here.

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- hold_my_stones
  Posted on October 16, 2012 at 1:21am
  Tell that to Agent Brian Terry’s family. He was KIA with an illegal weapon that was allowed to walk into the cartel hands by the DOJ & ATF. Plenty of evidence there smart guy.
  
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- Duddio
  Posted on October 16, 2012 at 1:39am
  Eric Holder perjured himself under oath in front of Congress, and either Obama lied when he said he had no knowledge or information on the program, or he is lying now by invoking executive privilege. It CANNOT be both.
  
  Just like he is lying about his knowledge of the Libya fiasco.
  
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- HisStoryUn
  Posted on October 16, 2012 at 2:26am
  STEVETHEREALIST – Really!? “There is no unlawful behavior that can be prosecuted here.” You must be living in a cave! The entire operation known as “Fast and Furious” was a crime from concept to execution. Since when was it ever legal for the United States government to run weapons into a foreign government to known criminal organizations, with or without that government’s permission?! The DOJ is completely responsible for the outcome of such an onerous act. Not only did the crime of “gun walking” result in murder on this of the border, but it has had an equally disastrous effect on the other side as well. I am shocked that the Mexican government has made so little ruckus over these events and not demanded justice for their own citizens. No crime to prosecute indeed! What a maroon.
  
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idrathermisstotheright
Posted on October 16, 2012 at 12:56am
I think we send them all to Gitmo, senate and house members along with EH, so they can get a roommate how cares.

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marine249
Posted on October 16, 2012 at 12:47am
this is the 1st time, we have had a
bald-faced crook in the wh

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- SUNTZU
  Posted on October 16, 2012 at 1:00am
  No one died over Watergate.
  Off subject but what about the U.N. taking over and taxing
  the internet?
  
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- Snowleopard {gallery of cat folks}
  Posted on October 16, 2012 at 1:05am
  @Sun-Tzu: Expect it with Obama in the White House.
  
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- marine249
  Posted on October 16, 2012 at 1:22am
  @ SUNTZU
  
  in the cover-up over LIBYA
  Four more died.
  
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- SUNTZU
  Posted on October 16, 2012 at 2:05am
  SEMPER-FI
  Watergate,no one died-Nixon Lost his job
  Libya.Four dead- Obasturd keeps his job,and may ?????
  get 4 more years.
  And if not ,he has done enough damage ,inside the wire,
  may have to call Broken Arrow
  GOD HELP US ALL
  
  Report this comment
Grand design
Posted on October 16, 2012 at 12:45am
This type of activity seems to be a trademark of the Obama Gang! First there is F & F, next the botched Security policy in Libya! It looks to be true that Obama will choose which laws and responsibilities he will follow and which he will ignore! It’s time for a change…

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- Meyvn1
  Posted on October 16, 2012 at 12:48am
  Yes. A REAL change!
  
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- MIBUGNU2
  Posted on October 16, 2012 at 12:51am
  People are still getting KILLED, and this JERK-***
  want’s a FREE PASS !!! Time for FED-MED bud…
  
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- burned at edges
  Posted on October 16, 2012 at 12:56am
  we can hope
  
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legendarytwo
Posted on October 16, 2012 at 12:37am
Too bad. After Obama loses I want to see some of these criminals like Holder in jail. Some of congress, too.

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- Meyvn1
  Posted on October 16, 2012 at 12:49am
  Same here.
  
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- neverending
  Posted on October 16, 2012 at 1:20am
  Every last one of them – but I guess only in our wildest dreams.
  
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