FOIA results from Holder DOJ: Absurd ‘privilege’ claims over Fast&Furious documents

FOIA results from Holder DOJ: Absurd ‘privilege’ claims over Fast&Furious documents

[Ed. – The sheer humongitude of the cover-up on this is almost inexpressible.]

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.

[…]

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. …

[T]his past July, Judge John D. Bates…ordered the Obama administration to produce a Vaughn index of the alleged “executive privilege” records by October 1. Judge Bates noted that no court has ever “expressly recognized” President Obama’s unprecedented executive privilege claims in the Fast and Furious matter.

Unhappy with having to produce the records prior to the elections, Justice lawyers asked the judge to give them one extra month, until November 3 (the day before Election Day!) to produce the info.  Judge Bates rejected this gambit, suggested that the Holder’s agency did not take court order seriously.  Rather than a month, Judge Bates gave Justice until yesterday to cough up the Vaughn index. Judge Bates issued his smack down on September 23.

Attorney General Eric Holder announced his resignation two days later.

Continue reading →


Commenting Policy

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse.

You may use HTML in your comments. Feel free to review the full list of allowed HTML here.