Tuesday, October 1, 2013

Executive Privilege Can't Cover Obama's Gun-Running to Provide Guns to Mexican Criminals, Judge Jackson Denys to Dismiss Lawsuit, Tuesday, October 01, 2013

Of the many shameful and criminal activities of the Obama occupation of Our White House is his cover-up of Fast and Furious, where he provided guns to Mexico, guns used to kill innocent people.

What is Fast and Furious?

"A federal operation dubbed Fast and Furious allowed weapons from the U.S. to pass into the hands of suspected gun smugglers so the arms could be traced to the higher echelons of Mexican drug cartels. The Bureau of Alcohol, Tobacco, Firearms and Explosives, which ran the operation, has lost track of hundreds of firearms, many of which have been linked to crimes, including the fatal shooting of Border Patrol Agent Brian Terry in December 2010."
http://www.latimes.com/news/nationworld/nation/atf-fast-furious-sg,0,3828090.storygallery

"ATF special agent John Dodson blew the whistle on his agency's gunwalking in an interview with CBS News in 2011. The government first denied any guns had been allowed to "walk" into criminal hands. Later, the Justice Department acknowledged using the strategy, claiming it was intended to see where the weapons ended up in hopes of capturing a major cartel leader. But the agency ordered an immediate halt to the practice calling it highly improper."
http://www.cbsnews.com/8301-201_162-57598487/more-fast-and-furious-guns-surface-at-crimes-in-mexico/

What Part Do Obama and His Attorney General Holder Play in Fast and Furious?
Obama initiated the present incarnation of Fast and Furious, though he blamed Bush.
Here is an article from Sept. 21, 2012:
"Asked about the Fast and Furious program at the Univision forum on Thursday, President Obama falsely claimed that the program began under President George W. Bush.
“I think it’s important for us to understand that the Fast and Furious program was a field-initiated program begun under the previous administration,” the president said. “When Eric Holder found out about it, he discontinued it. We assigned a inspector general to do a thorough report that was just issued, confirming that in fact Eric Holder did not know about this, that he took prompt action and the people who did initiate this were held accountable.”
In actuality, the Fast and Furious program was started in October 2009, nine months into the Obama presidency.
Previous programs involving ATF agents allowing guns to “walk” across the border so as to trace them were run during the Bush presidency, but not this particular “field-initiated program.”
http://abcnews.go.com/blogs/politics/2012/09/president-obama-falsely-claims-fast-and-furious-program-begun-under-the-previous-administration/

June 20, 2012 Obama Claims Executive Privilege to Block Document Requests
"President Barack Obama has asserted executive privilege in response to requests made by Rep. Darrell Issa (R-Calif.), chairman of the Committee on Oversight and Government Reform, who has embarked on a controversial investigation into the Department of Justice's Operation Fast and Furious gun-running program."
http://www.huffingtonpost.com/2012/06/20/obama-executive-privilege-fast-and-furious_n_1611962.html


Judge Rules for House Oversight in Fast and Furious Suit:

The link above provides a discussion and explanation of the Judge Jackson's ruling.
"neither the Constitution nor prudential considerations require judges to stand on the sidelines,"
[the Constitution "contemplates not only a separation, but a balance, of powers."
"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,"

Jackson's ruling also rejects a Justice Department argument that the court should dismiss the case to remain neutral while the other two branches find their own resolution. Dismissing the case without hearing it "would in effect place the court’s finger on the scale, designating the executive as the victor based solely on his untested assertion that the privilege applies,"
Jackson also noted that the judiciary's role in the dispute had limitations at this point, and declined to try to assign blame for the impasse on the subpoena.
"Getting into the question of who bears responsibility for the impasse here—who negotiated properly or fairly, whether the appropriate amount of time was spent, whether any accommodation offered was 'substantial' or merely superficial, and the relative merits of the grounds for the withholding and the stated need for the material—would put the Court squarely in the position of second guessing political decisions and take it well outside of its comfortable role of resolving legal questions that are amenable to judicial determination," Jackson wrote...
http://legaltimes.typepad.com/blt/2013/10/judge-rules-for-house-oversight-in-fast-and-furious-suit.html

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