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  • Executive Privilege

    Court Rejects Obama Administration's Argument in Fast and Furious Lawsuit

    A federal district court judge in Washington, D.C., has rejected the Department of Justice’s (DOJ) request to dismiss the lawsuit filed by the House of Representatives against Attorney General Eric Holder to enforce its subpoena for documents related to the its investigation into Operation Fast and Furious. Holder was held … More

    DOJ's Startling Argument Seeking Dismissal of Fast and Furious Lawsuit

    On Monday night, the Department of Justice (DOJ) filed a brief asking a federal court to dismiss the lawsuit the House of Representatives filed challenging the President’s invocation of executive privilege in the Operation Fast and Furious case. The House suit seeks to force the Administration to release documents that … More

    Fast and Furious: The Events Leading to Eric Holder's Contempt Vote

    The House of Representatives will vote today on contempt charges for Attorney General Eric Holder related to his involvement in Operation Fast and Furious. The vote follows Holder’s refusal to produce documents requested by the House Oversight and Government Reform Committee, led by Chairman Darrell Issa (R-CA). The following is … More

    Morning Bell: Imperial Presidency

    The United States was born when rebellious colonists declared their independence from an imperial ruler who had vastly overstepped his bounds. “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over … More

    Morning Bell: President Obama's Fast and Furious Scandal Grows

    On the night of December 15, 2010, U.S. Border Patrol Agent Brian Terry was shot and killed by an untraceable assault weapon that was deliberately handed to Mexican drug lords by U.S. officials via Operation Fast and Furious. Ever since, the Terry family and Americans across the nation have asked how this … More

    Fast and Furious: Covering up the Death of a U.S. Agent

    Todd Gaziano has outlined at the Foundry the legal doctrine of executive privilege that President Obama has asserted in the congressional investigation of Operation Fast and Furious. The most important part of that doctrine to understand is that a President cannot assert executive privilege for the purpose of hiding wrongdoing … More

    Obama’s Nixonian Contempt for Transparency

    President Obama channeled his inner Richard Nixon with his exercise of executive privilege to shield Attorney General Eric Holder from transparency. Whether the assertion is valid is a question to be resolved between Congress and the President, yet this authority is something that can be waived by the President if … More

    Fast And Furious: Executive Privilege Is Illegitimate to Shield Wrongdoing

    As a strong defender of executive power (when properly exercised) and executive privilege (when properly invoked), I am concerned when claims of executive power or privilege are abused for any reason—especially if they are invoked to shield potential wrongdoing. In addition to shielding the wrongdoing, it jeopardizes the very executive … More