Bipartisanship: Some Democrats Will Support Contempt Charges Against Eric Holder
- Posted on June 26, 2012 at 6:32pm by
Jason Howerton
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(The Blaze/AP) – Now that the politically potent National Rifle Association is keeping score, some Democrats may join House Republicans if there’s a vote to hold Attorney General Eric Holder in contempt of Congress in a dispute over documents related to a the botched gun-tracking operation “Fast and Furious.”
The chief Democratic House head counter, Rep. Steny Hoyer of Maryland, declined to tell reporters how many defections he expected, but acknowledged that some in his party would consider heeding the NRA’s call for a “yes” vote.
United States congressman Jim Matheson (D-Utah) (AP PHOTO/DESERET NEWS/TOM SMART)
One of those Democrats, Rep. Jim Matheson of Utah, said, “Sadly, it seems that it will take holding the attorney general in contempt to communicate that evasiveness is unacceptable. It is a vote I will support.”
The gun owners association injected itself last week into the stalemate over Justice Department documents demanded by the House Oversight and Government Reform Committee. The NRA said it supports the contempt resolution and will keep a record of how members vote.
An NRA letter to House members contended that the Obama administration “actively sought information” from Operation Fast and Furious to support its program to require dealers to report multiple rifle sales.
The program, which began last August, imposed the requirement for sales of specifically identified long guns in four border states: Texas, California, Arizona and New Mexico. A federal judge upheld the requirement.
Republicans want Eric Holder to become the first attorney general to be cited by the House for contempt, because he has refused to give the Oversight and Government Reform Committee all the documents it wants related to Operation Fast and Furious.
Unless a last-minute deal is worked out, always a possibility in Congress, the contempt vote is scheduled for Thursday — the same day the Supreme Court is to announce its ruling on the legality of the nation’s health care law. It will likely be a long day for both Holder and Obama as both decisions have huge implications for each of them going forward.
Attorney General Eric Holder listens to Rep. Darrell Issa, R-Calif., on video screen, while testifying on Capitol Hill in Washington, Thursday, Dec. 8, 2011. (AP Photo/Susan Walsh)
Still, even a vote to hold Holder in contempt of Congress wouldn’t send any documents to the Oversight committee and its chairman, Republican Rep. Darrell Issa (R-Calif.). President Barack Obama has claimed executive privilege, a legal step that presidents have used to maintain secrecy of internal administration documents.
Obama invoked what is known as “deliberative process privilege,” a claim designed to broadly cover executive branch documents. However Issa, in a letter to the president, said Obama was misusing the narrower “presidential communications privilege,” which is reserved for documents to and from the president and his most senior advisers.
White House Spokesman Eric Schultz said Tuesday that Issa’s analysis “has as much merit as his absurd contention that Operation Fast and Furious was created in order to promote gun control. Our position is consistent with executive branch legal precedent for the past three decades spanning administrations of both parties.”
Ironically, the documents at the heart of the current argument are not directly related to the workings of Operation Fast and Furious, which allowed guns to “walk” from Arizona to Mexico in hopes they could be tracked. The department has given Issa 7,600 documents on the operation.
Rather, Issa wants internal communications from February 2011, when the administration denied knowledge of gun-walking, to the end of that year, when officials acknowledged the denial was erroneous. Those documents covered a period after Fast and Furious had been shut down.
In Fast and Furious, agents of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in Arizona abandoned the agency’s usual practice of intercepting all weapons they believed to be illicitly purchased. Instead, the goal of gun-walking was to track such weapons to high-level arms traffickers who long had eluded prosecution and to dismantle their networks.
Gun-walking long has been barred by Justice Department policy, but federal agents in Arizona experimented with it in at least two investigations during the George W. Bush administration before Fast and Furious. These experiments came as the department was under widespread criticism that the old policy of arresting every suspected low-level “straw purchaser” was still allowing tens of thousands of guns to reach Mexico. A straw purchaser is an illicit buyer of guns for others.
The agents in Arizona lost track of several hundred weapons in Operation Fast and Furious. The low point of the operation came in Arizona in 2010, when U.S. Border Patrol Agent Brian Terry was killed in a firefight with a group of armed Mexican bandits and two guns traced to the operation were found at the scene.
Guns recovered from operation Fast and Furious (File)
Issa, in his letter to the president, wrote, “Courts have consistently held that the assertion of the constitutionally-based executive privilege … is only applicable … to documents and communications that implicate the confidentiality of the president’s decision-making process.”
The letter said that while the privilege covers only the president and his advisers, it is a qualified privilege that can be overcome by a showing of the committee’s need for the documents.
Issa quoted from a 1997 case in the U.S. Court of Appeals for the District of Columbia Circuit in which the court said the privilege should not extend to staff outside the White House in executive branch agencies.
Rather, the court said, it should apply only to “communications authored or solicited and received by those members of an immediate White House adviser’s staff” with responsibility for formulating advice for the president.
However, the case Issa repeatedly cited in his letter distinguishes carefully between the “presidential communications privilege” and the “deliberative process privilege,” which Obama invoked in the current dispute over Operation Fast and Furious. In the case Issa cited, the court dealt only with the presidential communication privilege but observed that both the communications privilege and the deliberative privilege are executive privileges designed to protect the confidentiality of executive branch decision-making.
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Comments (45)
jamestoms
Posted on June 27, 2012 at 12:57pmFOX news today with Jenna allows Cong. Schiff (D-Cal) to spew lies and distortions in support of the co-conspirators in murder, Holder & Obama. The public must see that if justice for a border patrol agent means nothing to them, then you citizen mean even less. Wake up. No one in government or law enforcement will help you citizen.
Report Post »Kisses6350
Posted on June 27, 2012 at 7:29amLet the games begin……………………………… ***Smriks***
Report Post »IndyGuy
Posted on June 27, 2012 at 7:52amIt is well past time our Politicians are held accountable…
Report Post »Meyvn
Posted on June 27, 2012 at 7:09amand the ones that does should be voted out of office as they would simply be enablers of white collar crime.
Report Post »Meyvn
Posted on June 27, 2012 at 7:57amSorry, apparently I had a null pointer assignment… that should read:
the ones that don’t support the vote are enabling white collar crime.
Report Post »Meyvn
Posted on June 27, 2012 at 8:03amand should be voted out of office.
Report Post »TurboCat
Posted on June 27, 2012 at 4:11amGood for Mr. Issa for going around the p.o.s. Holder and directly challenging O-blame-a himself! I never saw THAT one coming! He thought he had pulled a fast one by claiming Executive Privilege. I love it when these guys like Sir Allen West and Trey Gowdy and Jason Chaffetz and Darell Issa stand up to these arrogant thugs and don’t back down! Also Reince Preibus is a fierce fighter who can dish it straight back at ‘em! It’s the only thing going to get their attention. If everyone keeps up the pressure over these various scandals the public will notice and then I will be optimistic about America’s future. Because if the American people (most of them) knew what was really going on, they would reject it out of hand. They just are not used to the idea that such an extreme radical could get into our highest office! So no more Mr. Nice Guy!
Report Post »AZMommy
Posted on June 27, 2012 at 1:35amActions speak louder than words. I’ll believe it when I see it (or not)! Not going to hold my breath.
Report Post »RevRiles
Posted on June 26, 2012 at 11:31pmJimmy Carter says that Obama screwed up the Democratic party? For the first time, I agree with Carter!
Report Post »JACKTHETOAD
Posted on June 26, 2012 at 10:58pmI predict two new films coming out from George Romero;
Report Post »1. They Eat Each Other.
2. They Eat Themselves.
One of the Quiet Ones
Posted on June 26, 2012 at 9:10pmThere is a big difference between listening to Glenn Beck and thinking things are possible or probable and seeing the evidence. Yes we are conspiring to take guns away using deception, the public ignorance of what we are doing, the public trust and government power to do it. Can’t an agency monitor communication in Mexico to such an extent that they can find all of the drug traffickers in Mexico? Either we just don‘t want to or our capabilities aren’t that great.
Report Post »mdman
Posted on June 26, 2012 at 8:50pmI have heard through the grapevine that Obama and holder are directly involved…..why else would they use executive privilege
Report Post »Inlightofthings
Posted on June 26, 2012 at 8:20pmAhhh what the heck.. let’s turn over some rocks and see what slithers about.
Report Post »yougottabekidding
Posted on June 26, 2012 at 10:44pmGreat idea! What the heck!
Report Post »Lets start with the one that has slime leading up to, and under it. Then when we see what rock it slithers up next turn that one over. I’ll bet we turn over some big rocks in the process!
Bill Rowland
Posted on June 27, 2012 at 5:49amIt’s already slithering. Sweet Old Barack and Epic Holdup have used Fast and Furious to regulate the sale of guns in the four rimary border states. This was one of the goals of fast and furious the other was the banning of “Assault” weapons and extended magazines.
OMG Nov 6, 2012
Report Post »barber2
Posted on June 26, 2012 at 8:13pmThose Democrats better tow the Obama Far Left Party line . Remember, he has the OWS , the ACORN, and the SEIU Storm Troopers to visit their neighborhoods and “ occupy ” their front yards !
Report Post »rickc34
Posted on June 26, 2012 at 8:43pmTime is running short..let’s see who stands for honesty and decensy and who is not. Obama Psalms 109 verses 6-20
Report Post »Lord_Frostwind
Posted on June 26, 2012 at 9:28pmThey won’t find a warm welcome in Utah. If they want to make an issue out of it, we’ll banish them to the hippie cesspool of Liberty Park, just like the last group.
Report Post »Tri-ox
Posted on June 26, 2012 at 8:11pmDemocrats’ days are numbered anyway – they might as well start doing their jobs and start putting America before their doomed party; Go out with class, losers – go out with class.
Report Post »Snowleopard {gallery of cat folks}
Posted on June 26, 2012 at 7:51pmImpeach him and send him to jail.
Report Post »barber2
Posted on June 26, 2012 at 8:14pmMaybe he could share a cell with Blago . Chicago reunion .
Report Post »Cosmos102
Posted on June 26, 2012 at 8:22pmSandusky would probably be more to Obama’s liking.
Report Post »JACKTHETOAD
Posted on June 27, 2012 at 5:00amI’d like to see THAT battle for dominance, COSMOS. Twister with plastic tarps and Mazola…
Report Post »lukerw
Posted on June 26, 2012 at 7:42pmBIPARTISANSHIP is about Political Agreement… and Crime & Treason are not up for Political Debate!
You are on the Side of Right & Honesty… OR NOT!
Report Post »jman-6
Posted on June 26, 2012 at 7:51pmAmen!!
Report Post »gigalynx
Posted on June 26, 2012 at 7:39pmI’ll believe it when I see it, I don’t think all the Republicans will vote for contempt charges…
Report Post »Bernice Durdan-Rowland
Posted on June 26, 2012 at 7:39pmWonder who paid for Mrs. Obama’s trip back to Chicago today – - – - anyone want to guess !!???
Report Post »I will shout from the housetops the day the movers get the “Obama’s” out of the White House – the angels in heaven will sing “ HALLELUJAH” !!!
Kisses6350
Posted on June 27, 2012 at 7:22amBernice? Hush…………….
Report Post »stuharnden
Posted on June 26, 2012 at 7:34pmEvery one
Report Post »The NRA is running with this and doing a good job. I just received a letter from them and they are going to keep track of who votes on Holder and publish this all over at election time. This will help to hold some of the pols feet to the fire. Their goal is to reach out to one million gun owners with this. this is one huge voting block!!! HEY Blaze it was several thousand not several hundreds guns that the feds lost track of.
O’Lord, O’ Bummer, Obama
HorseCrazy
Posted on June 26, 2012 at 7:59pmGod bless the NRA, I am a lifetime member I love them they always put the money donated to fight for our freedoms not just regarding firearms either but freedom in general. I love them plan on sending them a large chunk of change when I die.
Report Post »eyestoseeearstohear
Posted on June 26, 2012 at 7:16pmOh, I can hardly say ANYTHING here….because it ANGERS ME!
These IDIOTS whistled past the graveyard in 2008 – and NOW he’s a threat to THEM,
to Americans & this Country – NOW, it’s a PROBLEM! And, THEY are scared, chitless!
Scared AND DIFFICULT to put Pandora BACK IN THE BOX.
They are ALL running around asking Mr. Big to pretty please –
with sugar on it – please, sir- play fair and don’t abuse the Constitution –
when the man HAS USURPED THE RULE OF LAW!!!.
In 2008, the voters WANTED TO SEE WHAT WASN’T THERE -
and voted his azz IN. The media (CNN, MSNBC, ABC, CBS)
did their own form of ” Don’t Ask- Don’t Tell” – and to THIS DAY,
they STILL haven’t told what they apparently KNEW THEN & NOW!
And, NOW THEY CAN’T!
Impeachment is in order.
Yes, it’s going to be turned into a “racial thing” BUT – WHERE DOES IT SAY
THAT IF YOU’RE BLACK, YOU CAN DO NO WRONG?
GET REAL, CONGRESS! IMPEACH OBAMA. THROW HIM & HOLDER OUT!
Report Post »AND, THEN GET YOUR BUTTS TOGETHER AND USE THE RULE OF LAW THAT
IS TO APPLY TO EVERYONE….INCLUDING YOU!
SamIamTwo
Posted on June 26, 2012 at 7:06pmFor those who say they will not vote in the next presidential election…do you really want 4 more years of this???????
Report Post »SamIamTwo
Posted on June 26, 2012 at 7:10pmI wanna see the secret kill list…
Report Post »Bowlz
Posted on June 26, 2012 at 7:27pmDoes anyone know if Congress can have Holder and Obama arrested for…………………. Fast and Furious, National Security leaks, supplying false docs and all the other immeasurable destruction they have done to this country. Does the secret service take an oath to protect and defend the constitution against enemies foreign and domestic, or the current political establishment? What about state, local and feds? Do their words mean something? Anything? Because the people they protect have no word and they will get thrown under the bus as quickly as anyone else. I think it would only take a couple good agents to arrest them because after all, they are liberal men. (which everyone knows that the term ‘liberal men’ is an oxymoron). jk, but there is way too much truth to that sentence.
Report Post »AJAYW
Posted on June 26, 2012 at 7:04pmIf the democrats don‘t step up to the plate on this and vote for contempt they are guilty of not doing they’re jobs of oversight. All of congress should be in lock step on this.
Report Post »jhrusky
Posted on June 26, 2012 at 6:54pmAs much as I’d like to see Holder put on trial for, at the very least, obstruction, does anyone truly believe anything would happen to him even if found guilty of, say, a party to manslaughter? Obama will simply give him a presidential pardon.
The absolute only way Holder could recieve some punishment is if Obama was brought up on charges prior to the pardon … and I’m not gonna hold my breathe.
Report Post »AJAYW
Posted on June 26, 2012 at 7:08pmEveryone knows that obama will pardon holder for any wrong doing, however this does not releave the congress of doing their job of oversight on this. I would wager when this POSPOTUS leaves office he will be granting hundreds of pardons.
Report Post »EqualJustice
Posted on June 26, 2012 at 6:50pmCommon sense Democrats will come around now that this administration is trashing the Constitution. Romney should run as the great “UNITER” and mean it! This country is divided in so many ways thanks to Obama. Time to heal and be ONE NATION, UNDER GOD again.
Report Post »michael48
Posted on June 26, 2012 at 8:13pmbecause the coup failed (thus far) you want to go along to get along???? the DNComrades attempted and dam near stole your right to pursue freedom ..at least as best each CITIZEN can. They , and progressive NWO crowd thought they could ..with blatant assistance from the MSM..eliminate all recourse agaist a power hunger bunch of elitist…this is by no means ending with the election (should there be one)..they’ve spent 40 years indoctrinating children into blithering useless TOOLS..they are commited and the fight will have been joined , but certainly not over…..BTW be careful of wolves in sheeps drag=rinos… good cop/bad cop with these clowns…am I an alarmist ? perhaps…been watching this movie 65 years…the America I grew up in was the sweetspot of our exitance…nothing can remove that joy…good luck…don’t let yourself get cornered…66′-68′..lucked out and lived!!!
Report Post »streetrodder
Posted on June 26, 2012 at 6:49pmThe excrement is going to hit the fan.
Report Post »pissantno.10
Posted on June 26, 2012 at 6:47pmim sure glad obama sucks at math
Report Post »barber2
Posted on June 26, 2012 at 8:11pmJust like the OWS idiots who claim ” we are the 99% !” Notice they sort of fail to finish the phrase ! No Bama 2012. No Democrats 2012.
Report Post »jonboy1903
Posted on June 26, 2012 at 6:42pmOh my, my, my. Whatever will Obobo the Clown do to keep his illegal actions secret and protect his duplicitous minions?
Report Post »beckwill
Posted on June 26, 2012 at 6:53pmWhatever it takes, without regard for the law or Constitution. Of course you know, this all about race and not about thuggery or deception.
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