Michael A. Scarcella @MikeScarcella
DC judge rules for House Oversight in Fast and Furious subpoena fight with #DOJ. Opinion just published: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2012cv1332-52 …
A judge has ruled in favor of the House Oversight Committee in its fight with Eric Holder and the Justice Department over Fast and Furious documents.
In her decision, United States District Judge Amy Berman Jackson wrote:
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.
Holder had stonewalled on the release of Fast and Furious documents for months, asking President Obama to assert executive privilege. The House then voted to hold the attorney general in contempt. That didn’t produce the documents that have been subpoenaed, though.
Andrew Cohen ? @CBSAndrew
Hard to see this ruling oveturned on appeal at DC Circuit. Open question now is whether DOJ/House strike deal.
From the people forcing the dealers to sell the guns, to the very top person authorizing it and everyone who has lied and stonewalled about it.
And anyone else complicit in this FUBAR program. From the people forcing the dealers to sell the guns, to the very top person authorizing it and everyone who has lied and stonewalled about it.