Read the Scathing 41-Page ‘Fast and Furious’ Lawsuit Filed Against Eric Holder
- Posted on August 13, 2012 at 3:45pm by
Jason Howerton
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Attorney General Eric Holder (AP)
On Monday, the House Oversight and Government Reform Committee filed a 41-page civil contempt of Congress lawsuit against Attorney General Eric Holder, arguing that the Obama administration is required by law to turn over the subpoenaed documents that relate to Operation “Fast and Furious.”
The House’s legal action “seeks to obtain documents covered by the subpoena that will show why the Justice Department took ten months to retract a Feb. 4, 2011 letter which contained false denials of the reckless investigative tactics used in Operation Fast and Furious,” the committee said in a press release.
“Portentously, the (Justice) Department from the outset actively resisted cooperating fully with the committee’s investigation,” the lawsuit said.
“Among other things, the department initially declined to produce documents; later produced only very limited numbers of documents in piecemeal fashion; refused to make available to the committee certain witnesses; and limited the committee’s questioning of other witnesses who were made available,” it said.
The failure of Holder to turn over the documents led to votes in June that held the attorney general in civil and criminal contempt of Congress. The civil contempt resolution led to Monday’s lawsuit.
It is the first time in U.S. history that a sitting attorney general has faced contempt proceedings. Now, House Republicans want the federal court system to intervene and force the Obama administration to give up the documents.
“President Obama exceeded his authority by asserting executive privilege over subpoenaed documents related to the Justice Department’s cover-up of Operation Fast and Furious,” Issa said in a statement Monday. “Waiting nearly eight months after the subpoena had been issued to assert a meritless claim of privilege, the President’s decision was a calculated political maneuver designed to stop the release of documents until after November’s elections.”
House Speaker John Boehner also said in a statement Monday that “the Justice Department has left the House no choice but to take legal action so we can get to the bottom of the Fast and Furious operation that cost border agent Brian Terry his life.”
The U.S. Department of Justice recently encouraged Ronald Machen, the U.S. Attorney for the District of Columbia, not to pursue the criminal contempt resolution against Holder, who happens to be Machen’s superior. To be fair, the federal court system has not traditionally solved matters between two branches of government.
Preparing for this, the House also passed a civil contempt resolution so they could try to force the Obama administration to cough up the Fast and Furious documents via a court order following a civil trial. However, no criminal charges come out of civil court.
The House voted on both contempt resolutions just hours after President Obama asserted executive privilege over the documents in a last-ditch effort to keep them sealed. It was something that no one expected because the president has always maintained he knew nothing about Fast and Furious, therefore would theoretically have no reason to invoke executive privilege.
(Photo by Pete Marovich/Getty Images)
Specifically, the lawsuit asks that:
- The executive privilege claim by Obama be declared invalid.
- Holder’s objection to the House records subpoena be rejected.
- The attorney general produce all records related to the Justice Department’s incorrect assertion in early 2011 that gun-walking did not take place.
Historically, there are two main types of executive privilege. One privilege, for “presidential communications,” only covers the president and the work of top aides preparing advice for the president.
The other, known as “deliberative process privilege,” covers a much wider category of administration officials, even if they weren’t working on something for the president specifically. Presidents are required to have a stronger argument to justify keeping secrets under this broader authority, which can involve documents they never saw or were even intended to see.
A federal appeals court has ruled that this broader privilege is easier for Congress to overcome and it “disappears altogether when there is any reason to believe government misconduct has occurred.”
“After promising an unprecedented level of transparency, the President is attempting to expand the reach of executive privilege to obstruct the truth about the reckless conduct that contributed to the death of a Border Patrol Agent and countless Mexican citizens,” Issa said Monday.
“The family of Border Patrol Agent Brian Terry, whistle-blowers who faced retaliation for exposing the Justice Department’s reckless tactics, and the public have a right to know the full extent of what occurred.”
Holder had not responded to the lawsuit at the time of publication.
House Minority Leader Nancy Pelosi (D-Calif.) called the lawsuit “partisan” and a waste of taxpayer dollars in a statement on Monday.
She added the lawsuit “is a distraction from the urgent business before Congress: acting to create jobs and grow our economy. It is also designed to distract the Justice Department from its critical job of challenging state laws designed to restrict the rights of Americans to vote.”
Take a look at the entire 41-page lawsuit against Holder here:
The Associated Press contributed to this report.
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Comments (56)
Chuck Stein
Posted on August 13, 2012 at 5:07pmIf Obama wins, he will be counting on Biden as “impeachment insurance”
Report Post »Leadthemtothelight
Posted on August 13, 2012 at 5:46pmFinally! Somebody holding the Obama administration and it’s minions responsible. I am sickened by the dmage that has been done to the american people by the POTUS and his crew.
Report Post »blackyb
Posted on August 13, 2012 at 6:40pmArrest is better than impeachment in this case to void his policies designed to destroy this country from within. He is not a real president according to evidence so impeachment should be reserved for real presidents. If arrested Obama and his policies and appintees will go. If they was to be re-elected and they will cheat in anyway they can to do so, they will be even harder, almost impossible to get rid of. Bidden has not got sense enough to be anything but a Bagdad Bob type, just like Pelosi. They will all go if they are arrested. It will have to end up like that anyway for they are skirting around being lawless. These people are like going to be even more emboldened if they retain power status. Something needs to be done now, especially with Holder who is holding up Justice for the Obama agenda and this is in many more ways than the Fast and Furious debacle.
Report Post »RedMage
Posted on August 13, 2012 at 7:01pmLol
Report Post »P C BE DAMNED
Posted on August 13, 2012 at 8:49pmI will never forget when Holder first took his current office he called all white Americans cowards. I will live to see him in jail or if the law prescribes, hung by the neck until he is dead. I am waiting. We will NOT forgive those who have sought to put us and our children in chains.
Report Post »JACKTHETOAD
Posted on August 13, 2012 at 4:50pmMight as well send it to the mooslims. They won’t use it either.
Report Post »possom
Posted on August 13, 2012 at 4:45pm302 dead, there should be alot of people serving life sentances right now!
Report Post »blackyb
Posted on August 13, 2012 at 7:22pmGiving out guns across a border is dangerous anyway. Just what would be the point of having laws to prevent things like this if someone was of the mind to help an invading country take over this government. There are elements living in other countries who would support some insane agenda for an invasion, enough to come in and hold people hostage and gain ground. If somone of a mind to, like in the middle east, had enough invaders with guns to run a border, then they have a good foot hold or start in the invasion. If a person was heading up a government and had command of the armies, they could be held back until it was invaded by land, air and sea before the troops would get together enough to rebel. It is quite possible to place people in lands where corruption and bribery across a border hold up until the time is right. People in some places (probably everywhere) can be bought and sold. There is a lot going on that American citizens do not know about. Obama has been smoozing Latinos and Hugo in Venesuela, anyone who is against the U.S., gets an Obama smooze. This is a very serious situation that should, if it is not being considered. While the Mid East is keeping us busy, or neighbors to the south could be used as a launching pad for hostiles. Those sopisticated tunnels were not just being built for drugs and paid for by cartels.
Anyway, this would made a good novel.
Report Post »db321
Posted on August 13, 2012 at 10:04pm302 are dead and their blood comes with accountability – God will hold Holder, Obama and everyone that supports this administration by their Word (Support) and Deed (Vote). Innocent blood is in on a lot of peoples hands.
You did not physically walk in and rob the Bank, but you drive the get away vehicle – your just as Guilty!
Report Post »doomytram
Posted on August 13, 2012 at 4:32pmFast and the Furious is the Oblamer / Bite me /Folder regime’s baby. It’s time to pass this and all of the massive failures of the disastrous regimes big brother nanny state failures. It’s time to turn this into a landslide for R & R 2012
The shrinking flaming leftist base of the Obozo regime is going bye bye. Eric Folder needs to put hemself into a snug straight jacket and go to the nearest federal prison. Just Us wanted to Roger Clemens to spend 10 in a Penn. for lying to the ridiculous Progs in Congress, so we should through away the Key to Eric Folder’s cell.
Report Post »QuincySmith
Posted on August 13, 2012 at 4:29pm“House Minority Leader Nancy Pelosi (D-Calif.) called the lawsuit “partisan” and a waste of taxpayer dollars in a statement on Monday.” Why is it that princess piglousy only cares about ‘excessive’ gov’t spending when it poses a problem for her or her democRATS?
“She added the lawsuit “is a distraction from the urgent business before Congress: acting to create jobs and grow our economy. It is also designed to distract the Justice Department from its critical job of challenging state laws designed to restrict the rights of Americans to vote.”” Let me see ‘urgent business’ – could that be presenting and passing a BUDGET as required. You could create jobs and grow our economy by ending restrictions and getting gov‘t of the people’s backs. Oh, and finally, little eric is too busy planning a vote-stealing scheme that he can’t possibly be bothered with complying with a congressional subpoena. I just hope you are right.
Report Post »Verceofreason
Posted on August 13, 2012 at 4:25pmI guess Boehner, is yet again, putting the Jobs, jobs, jobs, things off for another day.
Report Post »And the rubes just eat it up – while living in their cars.
Anonymous T. Irrelevant
Posted on August 13, 2012 at 7:02pmIn the meantime, while Obama and his minions try tactic after tactic to escape judgement and punishment, Issa and Boehner try to do the people’s will in this, the “Land of Law.” Obama , Holder, and everyone involved in this game of smoke and mirrors of drug running, should be thrown into the deepest pit, or, for those who believe in “eye for an eye,” shot.
Report Post »jackact
Posted on August 13, 2012 at 4:21pmJail the bastard Holder!
Report Post »Metalstr8jckt
Posted on August 13, 2012 at 4:21pmIs there anyone walking around today that is aware that:
Report Post »The President, and his cabinet, members of congress and all represenatives
Federal supreme court justices, as well as
any individual in any United States Territory
Can be indicted by a jury? Anytime?
ANYONE! And they are required by law to be at the hearing.
That is ultimate protection from tyranny.
The determination by your peers that there is reasonable evidence to conduct a formal trial, on charges of offense, and to allow due process.
What part of this provision is so hard to understand?
QuincySmith
Posted on August 13, 2012 at 4:33pmmetal;
It isn’t hard to understand, it is just INCONVENIENT when you’re trying to destroy the country and its constitution guaranteeing the rights you listed.
Report Post »Metalstr8jckt
Posted on August 13, 2012 at 4:43pmAnother provision that “lawmakers” have hidden from America is that the place to protest is actually in the town square, or city hall, or the state capital. or in front of the nation’s capital and congress. THAT is where the FREE ASSEMBLY was supposed to be. But these donkey and elephant backsides told people that was a threat. And y’all believed them. If addressing congress. Thomas Jefferson would have stopped any proceedings and walked out to listen to those citizens grievances. That was paramount to being there as a representative for the people. Again, basic principle, and fact.
Report Post »Cameraman
Posted on August 13, 2012 at 4:20pmThis should be an Indictment of the Republicans, for allowing this Rogue Administration to usurp The Will of the People..Both should have been Impeached Long ago,don”t have any Faith that these Traitors will ever be brought to Justice!
Report Post »I am 'We the People
Posted on August 13, 2012 at 4:18pmHear, hear, this is the beginning of the end for the communistic and tyrannical regime.
Report Post »dugsok
Posted on August 13, 2012 at 4:23pmwe hope
Report Post »NoUseForLogic
Posted on August 13, 2012 at 4:16pmGuess what, nothing’s going to happen.
Everything Fox and Beck have told you about this is wrong, as usual. Issa and the GOP have lied about the entire mechanics of the operation. Just keep watching your little witch hunt, looks like they actually may have something, doesn’t it? But aaaaaah… they don’t.
Report Post »JUSTANOTHEROPINION
Posted on August 13, 2012 at 4:14pmSo, basically what Nancy Pelosi is asserting is that the Justice Dept. is so inept that it can not do more than one thing at a time.
Report Post »SCREW-WINDOWS
Posted on August 13, 2012 at 4:25pmAnd 3 1/2 years later jobs are priority one.
Report Post »SingerGuy
Posted on August 13, 2012 at 4:47pm…and Congress can not *create* one single private-sector job. They can either suck more of our money and create a government job, or they can get government taxes and regulations out of the way so that the private sector can grow through free enterprise and create their own jobs. The fact that she asserts that Congress *can* create jobs just shows the depths of the problems we face.
Report Post »SREGN
Posted on August 13, 2012 at 4:14pmObama must distance himself but Holder knows too much. Holder will soon be sleeping with the fishes. Maybe a faked suicide, a “heart attack”, or a hit pinned on a scapegoat.
Report Post »SingerGuy
Posted on August 13, 2012 at 4:49pmSadly, you may be right.
Report Post »Dismayed Veteran
Posted on August 13, 2012 at 4:09pmI see Presidential Pardon happening.
Report Post »RJJinGadsden
Posted on August 13, 2012 at 4:22pmThat is why I have been saying to wait until after the election, then get the ball rolling again. Well, at least wait until after 20 Jan.
Report Post »Metalstr8jckt
Posted on August 13, 2012 at 4:06pmForty one pages of weak panty crap. Really! A lawsuit! Lame panty congress. This should be a forty one page INDICTMENT. You little sissy boys! A LAWSUIT? Y’all have lost your nutz. A little girl selling cookies is more aggressive.
Report Post »Elena2010
Posted on August 13, 2012 at 4:03pmTip link is not working
Front page at FNC
http://www.foxnews.com/politics/2012/08/13/criminal-immigrants-free-to-kill-as-home-countries-refuse-them/
I say deport them on the end of a parachute!
Report Post »TexasHunter
Posted on August 13, 2012 at 5:13pmHang these POS in the streets then!! Simple and sweet. You kill here you die if your country does not take you back..
Report Post »randy
Posted on August 13, 2012 at 4:03pmBy the time this gets through the courts. Obama and his cronies will destroy the data.
Report Post »Anonymous T. Irrelevant
Posted on August 13, 2012 at 7:11pmThat’s what I was thinking as I was reading this. Did they capture or copy the data from the servers? What’s to keep Obsma & co. from wiping it all out?
Report Post »hhiway280z
Posted on August 13, 2012 at 9:01pmor it will go before a judge the Obama bought off or threatened.
Report Post »RETIREDUSAFDEFENDER
Posted on August 13, 2012 at 4:01pmHolder should be thrown in jail and locked up for good along with everyone else involved. He is the one in charge of those agencies involved so he should do the right thing and accept responsibility! Oh wait, the democrats dont do that because they think they are above the law! NOBAMA 2012!!!
Report Post »Detroit paperboy
Posted on August 13, 2012 at 4:01pmLiars and thieves……..
Report Post »PERIOD.
mpfaff
Posted on August 13, 2012 at 3:59pmHolder is going down!!! & before long Obama and the rest of the criminals will be next!
Report Post »pabgirl
Posted on August 13, 2012 at 3:59pmAnd Nancy Peloisi didn‘t waste Congress’ time with the whole Sandra Fluke incident, I can’t believe people actually vote for these morons. This is not a wates of time as the family of Agent Terry has the right to know what happened
Report Post »oldasdirt
Posted on August 13, 2012 at 3:58pmDems will falsely claim the Romney let a woman die. But Holder who is directly responsible for Agent Terry’s death and thousands of Mexican citizens (A treaty violation),gets a pass. Our media has a progressive liberal sickness.
Report Post »oldasdirt
Posted on August 13, 2012 at 4:04pmSorry,that should read that Romney let a woman die. I should never type when I am pi$$ed.
Report Post »kickagrandma
Posted on August 13, 2012 at 3:55pmWhere are the scathing charges of TREASON being filed against the liar-in-chief, his czars, and advisors?
Report Post »progressiveslayer
Posted on August 13, 2012 at 3:54pmThe regime is rotting from within and hopefully there’s enough to bring down the mulatto in chief and his AG,a good long prison sentence for both anti-capitalists.
Report Post »contkmi
Posted on August 13, 2012 at 3:49pmHere‘s hoping Obama’s house of lies comes tumbling down.
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