Fast & Furious

Following is an excerpt from a worthwhile article on whether the claim of executive privilege applies in the present circumstance...


[T]he case that is most directly pertinent to Holder’s assertion of executive privilege isIn re Sealed Case (Espy), 121 F.3d 729 (D.C. Circuit 1997), which, along with Judicial Watch v. Department of Justice, 365 F.3d 1108 (D.C. Cir. 2008), cites and relies upon Espy, contains the most up to date judicial exposition of the doctrine of executive privilege. Unbelievably, Holder’s letter never cites or mentions the Espy case. If a first-year associate wrote a memorandum for me in which he failed even to mention the most significant case, I would fire him….
But Holder’s letter completely fails to acknowledge what a weak reed the “deliberative process privilege” is in the circumstances of this case. In Espy, the court said:
The deliberative process privilege does not shield documents that simply state or explain a decision the government has already made or protect material that is purely factual….
The deliberative process privilege is a qualified privilege and can be overcome by a sufficient showing of need. … For example, where there is reason to believe the documents sought may shed light on government misconduct, ‘the privilege is routinely denied,’ on the grounds that shielding internal government deliberations in this context does not serve ‘the public’s interest in honest, effective government.’”



Full article here:  Can Obama make an executive privilege claim stick?

Also, when you hear democrats claim that operation Fast & Furious started under Bush, consider this:  On Fast & Furious, "Blame Bush" is a lie.