Tag Archive: Executive Privilege

Court Rejects Obama Admin Executive Privilege Arguments




” A federal judge Tuesday rejected the Obama administration’s sweeping claims of executive privilege and ordered the disclosure of a foreign aid directive signed by President Barack Obama in 2010 but never publicly released.

  U.S. District Court Judge Ellen Huvelle ruled the presidential order is not within the bounds of executive privilege and called the government’s arguments in favor of secrecy “troubling.”

“The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight … to engage in what is in effect governance by ‘secret law,’” Huvelle said. “



     This ruling goes nicely with the previous finding by Judge Richard Leon earlier in the week regarding the unconstitutionality of the NSA spying program . Finally our resident “Constitutional Scholar” is getting a well-deserved lesson on the Constitution .








Fast & Furious Update


  “The Republican senator leading the inquest into Fast & Furious said he has a mixed reaction to the Sept. 19 Justice Department Inspector General report on the operation that day.

“Operation Fast and Furious was the height of irresponsibility on the part of a number of people from the ATF Phoenix field office all the way up to the Justice Department headquarters,” said Charles E. “Chuck” Grassley (R.-Iowa), who with Rep. Darrell E. Issa, the chairman of the House Oversight and Government Reform Committee, is trying to piece together the facts as to what really happened inside the Bureau of Alcohol, Tobacco and Firearms and Explosives program that facilitated the flow of illegally purchased firearms into the hands of Mexican crime organizations.

The 512-page report, “A Review of ATF’s Operation Fast and Furious and Related Matters,” contains many details of the internal machinations of the rise and fall of gun walking scandal, yet many of the passages and footnotes are redacted.”

Another Obama Screwup

Morrissey and David ( Rino ) Brooks on Obama’s (mis)use of executive privilege . A blunder that is sure to bite him right in the a.. .

  ” That brings us to the foolishness of this particular assertion of privilege.  Few in the media were paying attention to this scandal, which means that most voters still have no idea that the US government allowed thousands of untracked guns to be sold to drug cartels, and that those guns are responsible for hundreds of murders in Mexico and the deaths of two American law-enforcement officers … so far.  By asserting executive privilege, Obama has assured that the media will be taking a much closer look at the scandal, and that’s bad news for Democrats: “


Harvey at IMAO does it again

  “President Obama is now claiming he doesn’t have to turn over Fast & Furious-related documents to Congress, citing “executive privilege” – sort of a presidential “get out of jail free” card that lets him do anything he wants.

I guess protecting your porch-snoozing watchdog of an Attorney General from the lengthy jail sentence he so richly deserves is a good reason to use it.

But why stop there?

Here’s some other situations he might be able to escape using Executive Privilege “

…. and not just the invokation of ” Executive Privilege ” . The whole sordid “Fast & Furious” gambit is scandalous .


  ” Scandal: The president illegally asserts executive privilege to protect an attorney general who’s
either a clueless political hack, malevolent or both, withholding answers of who is responsible
for a Border Patrol agent’s death.

   President Obama’s contempt for the rule of law hit a new low when, on the eve of a vote to hold
Attorney General Eric Holder in contempt of Congress, he granted his AG’s 11th-hour request to hide sought-after documents on
Operation Fast and Furious under the cover of executive privilege. “


   Good leaders surround themselves with good people , incompetent ones associate with incompetents . There is no better example than this administration . 

John Hinderaker explains

   ” Holder’s letter is a remarkable document. Viewed from a strictly technical standpoint, it is a terrible piece of legal work. Its arguments are weak at best; in some cases, they are so frivolous as to invite the imposition of sanctions if they were asserted in court. I will explain why momentarily, but first this observation: if an opposing party requests documents that plainly are protected by a privilege, a lawyer will routinely assert the privilege, on principle, even though there is nothing hurtful to his case in those documents. On the other hand, a lawyer will not assert a lousy claim of privilege unless he badly wants to keep the documents in question out of the opponent’s hands because of their damaging nature. If I am correct that the administration’s assertion of executive privilege is baseless, it is reasonable to infer that the documents, if made public, would be highly damaging to President Obama, Attorney General Holder, or other senior administration officials. Now, as to Holder’s letter:”

And Congress’ right to investigate Executive Actions .


  ” As the Supreme Court recognized in US v. Nixon, the Executive Branch has a legitimate interest in confidentiality of communications among high officials so that the President can have the benefit of candid advice. However, as President Washington himself recognized, that privilege does not protect the President or his underlings from embarrassment or public exposure for questionable actions

     As the Supreme Court has also recognized repeatedly, the Congress, in the exercise of its constitutional powers, has the essential power to investigate the actions of the Executive Branch.”

PJmedia :

  ” President Obama’s assertion of executive privilege today is a bit like the kickoff for the NFL regular season. It doesn’t end the Fast and Furious scandal; it just takes it to another level. Everything so far was the pre-season. Now people will start to pay attention.

(Read my review of the book Fast and Furious here for a great primer on the scandal.)

A president doesn’t assert executive privilege lightly. It is a relic from the powers of the king. Some things were not for parliament’s eyes, such as national security statecraft. This new phase of the Fast and Furious scandal begins with Americans who had paid no attention to the scandal hearing the news today and asking, “what are they trying to hide?” “


The new phase might possibly include members of the old media asking why the Most Transparent Administration in History, isn’t. Or, it might see them going all out to defend their president.

Good For Me But Not For Thee



Once again we bear witness to the ” most open , honest , transparent and ethical ” administration ever . Read the quote below and guess whose words they are . 

“There’s been a tendency on the part of this administration to try to hide behind executive privilege every time there is something a little shaky that’s taking place, and I think the administration would be best served by coming clean on this.”

   Give up ? It could come from any number of pols these days but it actually dates from 2007 . Now what was happening then ? Was a certain junior senator from Illinois gearing up for a presidential run ? Why yes indeed . 

– Sen. Barack Obama (D – Illinois), 2007.”

  The depth of the hypocrisy that courses through the Leftist veins seems to be limitless .




  So it would seem , according to legal minds better than ours that in order to invoke executive privilege Obama would have to admit that he had knowledge of ” Fast & Furious ” . We wonder what our resident “constitutional law ” president is planning . 

” This morning, the White House asserted executive privilege over documents related to Operation ‘Fast and Furious,’ perAttorney General Eric Holder’s request. Following this move,Judge Napolitano warned that we may be on the “precipice of a constitutional confrontation between the executive branch, the White House, and the Congress.”

Executive privilege, in its definition, provides protection over communications with the president himself, according to the judge. The letter sent by Eric Holder requesting executive privilege does not detail a discussion with the president, but Judge Napolitano said, “The implication is there.” “