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. Read the rest of this entry »
Sharyl Attkisson writes: The unexpected resignation of Attorney General Eric Holder follows a series of court rulings against his Department of Justice over its failure to produce documents related to the government’s “Fast and Furious” firearms operation.
Holder also has come under increasing congressional criticism for a tepid investigation of evidence that IRS officials deliberately targeted tea party and other conservative groups for greater scrutiny when they applied for tax-exempt status.
Calling the government’s arguments for “even more time … unconvincing,” a federal judge this week refused to grant Holder’s Justice Department the additional time it requested to turn over a list of Operation Fast and Furious documents withheld under executive privilege exerted by President Obama.
The list is referred to as a “Vaughn index” and requires the Justice Department to justify document-by-document the reasons it hasn’t released the materials. This exercise alone often prompts the release of documents.
The Justice Department sought to delay the Vaughn index until one day before the Nov. 4 midterm elections. But the court ordered the index produced by Oct. 22 instead. The order comes in a Freedom of Information lawsuit filed by Judicial Watch. Read the rest of this entry »