Who’s Up For Some Fresh Hot Executive Privilege?

Posted: October 23, 2014 | Author: Pundit Planet | Filed under: Law & Justice, U.S. News, White House | Tags: ATF gunwalking scandal, Congress, Eric Holder, Executive privilege, Freedom of Information Act, Judicial Watch, Obama, Obama administration, United States Department of Justice, Vaughn |1 Comment

Judicial Watch: Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife

Judicial Watch announced today that it received from the Obama Department of Justice (DOJ) a “Vaughn index” detailing records about the Operation Fast and Furious scandal. The index was forced out of the Obama administration thanks to JW’s June 2012 Freedom of Information Act (FOIA) request and subsequent September 2012 FOIA lawsuit (Judicial Watch v. Department of Justice (No. 1:12-cv-01510)). A federal court had ordered the production over the objections of the Obama Justice Department.

“This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal.”

[Check out John’s Fund’s book, authored with Heritage’s Hans von Spakovsky: “Obama’s Enforcer: Eric Holder’s Justice Department“]

The document details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal.

Notably, the document discloses that emails between Attorney General Holder and his wife Sharon Malone – as well as his mother – are being withheld under an extraordinary claim of executive privilege as well as a dubious claim of deliberative process privilege under the Freedom of Information Act. The “First Lady of the Justice Department” is a physician and not a government employee.

“The 1307-page ‘draft’ Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are ‘subject to the assertion of executive privilege’.”

This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal. The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are “subject to the assertion of executive privilege.”

“A week before the contempt finding, to protect Holder from criminal prosecution and stave off the contempt vote, President Obama asserted executive privilege over the Fast and Furious records the House Oversight Committee had subpoenaed eight months earlier.”

The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. The Vaughn index arguably fails to provide all of this required information but does provide plenty of interesting information for a public kept in the dark for years about the Fast and Furious scandal.

Based on a preliminary review of the massive document, Judicial Watch can disclose that the Vaughn index reveals:

Numerous emails that detail Attorney General Holder’s direct involvement in crafting talking points, the timing of public disclosures, and handling Congressional inquiries in the Fast and Furious matter.

President Obama has asserted executive privilege over nearly 20 email communications between Holder and his spouse Sharon Malone. The administration also claims that the records are also subject to withholding under the “deliberative process” exemption. This exemption ordinarily exempts from public disclosure records that could chill internal government deliberations.

Numerous entries detail DOJ’s communications (including those of Eric Holder) concerning the White House about Fast and Furious.

The scandal required the attention of virtually every top official of the DOJ and the Bureau of Alcohol, Tobacco and Firearms (ATF). Communications to and from the United States Ambassador to Mexico about the Fast and Furious matter are also described.

Many of the records are already publicly available such as letters from Congress, press clips, and typical agency communications. Ordinarily, these records would, in whole or part, be subject to disclosure under the Freedom of Information Act. Few of the records seem to even implicate presidential decision-making and advice that might be subject to President Obama’s broad and unprecedented executive privilege claim.

Judicial Watch President Tom Fitton criticized President Obama and his disgraced Attorney General in a statement today:

This document provides key information about the cover-up of Fast and Furious by Attorney General Eric Holder and other high-level officials of the Obama administration. Obama’s executive privilege claims over these records are a fraud and an abuse of his office. There is no precedent for President Obama’s Nixonian assertion of executive privilege over these ordinary government agency records. Americans will be astonished that Obama asserted executive privilege over Eric Holder’s emails to his wife about Fast and Furious.

Once again, Judicial Watch has proven itself more effective than Congress and the establishment media in providing basic oversight of this out-of-control Administration. This Fast and Furious document provides dozens of leads for further congressional, media, and even criminal investigations.

On June 28, 2012, Attorney General Eric Holder was held in contempt by the House of Representatives over his refusal to turn over records explaining why the Obama administration may have lied to Congress and refused for months to disclose the truth about the gun running operation. It marked the first time in U.S. history that a sitting Attorney General was held in contempt of Congress….(read more)

Judicial Watch