Judge Says Eric Holder Must Produce ‘Fast and Furious’ Docs

U.S. District Judge Amy Berman Jackson ruled Monday against Eric Holder, saying the U.S. attorney general could no longer hide behind executive privilege and refuse to produce a portion of the records called for in a subpoena issued by the Committee on Oversight and Government Reform of the United States House of Representatives.

Judge Fast and Furious Holder 9-30-13In short, this likely means that a fierce battle will take place soon in the Republican-controlled House to get at the truth about the “Fast and Furious” scandal involving supplying criminals and Mexican drug cartel members with guns that were later used to kill Americans along the nation’s southern border.

Judge Jackson’s 44-page Memorandum Opinion begins as follows:

The Committee on Oversight and Government Reform of the United States House of Representatives has filed this action to enforce a subpoena it issued to the Attorney General of the United States, Eric H. Holder, Jr.  The Attorney General refused to produce a portion of the records called for by the subpoena on the grounds that they are covered by the executive privilege, and the Committee seeks a declaration that the invocation of the privilege is invalid in this instance and that the documents must be produced.  The matter is before the Court on defendant’s motion to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6):  the Attorney General takes the position that a dispute between the legislative and executive branches must be resolved through negotiation and accommodation, and that the judiciary may not, or at least, should not, get involved.

The motion to dismiss will be denied.  The fact that this case arises out of a dispute between two branches of government does not make it non-justiciable; Supreme Court precedent establishes that the third branch has an equally fundamental role to play, and that judges not only may, but sometimes must, exercise their responsibility to interpret the Constitution and determine whether another branch has exceeded its power.  In the Court’s view, endorsing the proposition that the executive may assert an unreviewable right to withhold materials from the legislature would offend the Constitution more than undertaking to resolve the specific dispute that has been presented here.  After all, the Constitution contemplates not only a separation, but a balance, of powers.

Click here to read the rest of the opinion.

Also, be sure to read other pieces I’ve written about Holder, including one about his previous involvement in a case involving the murder of an American citizen.

Hopefully, this time, justice will finally be served.

Bob McCarty is the author of Three Days In August (Oct '11) and THE CLAPPER MEMO (May '13). To learn more about either book or to place an order, click on the graphic above.

Bob McCarty is the author of Three Days In August (Oct ’11) and THE CLAPPER MEMO (May ’13). To learn more about either book or to place an order, click on the graphic above.

This entry was posted in Eric Holder, FastAndFurious, House of Representatives and tagged , , , by BobMcCarty. Bookmark the permalink.

About BobMcCarty

A native of Enid, Oklahoma, Bob McCarty graduated from Oklahoma State University with a degree in journalism in 1984. During the next two decades, he served stints as an Air Force public affairs officer, a political campaign manager, a technology sales consultant and a public relations professional. Today, Bob spends most of his time researching topics, writing about them and publishing those writings. When he’s not writing online, he’s working as an author. Bob’s first published book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice (October 2011), chronicles the life story and wrongful conviction of Sgt. 1st Class Kelly A. Stewart, a highly-decorated Green Beret combat veteran. In his second book, THE CLAPPER MEMO (May 2013), Bob connects the dots between a memo signed by James R. Clapper Jr. — the man now serving as our nation’s top intelligence official — and the deaths of dozens of Americans in Afghanistan at the hands of our so-called Afghan “allies” wearing the uniforms of their nation’s military, police and security forces. Bob is married, has three sons and lives in the St. Louis area. Bob is available for media and blogger interviews. Simply drop a comment here, leaving your name, organization, phone number, e-mail address and area of interest. He’ll try to respond as soon as possible.

One thought on “Judge Says Eric Holder Must Produce ‘Fast and Furious’ Docs

  1. Pingback: A tale of two judges : monoblogue

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