Pay no attention to the black-robed villain behind the curtain.
"Fast and Furious Litigation: Losing the Battle to Win the War?"
Last week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Lynch, the subpoena enforcement litigation related to the House Oversight and Government Reform Committee’s investigation into Operation Fast and Furious. Media outlets generally reported it as a win for Congress and loss for the Executive. In an acute sense, that is true — Judge Jackson ordered the Justice Department to produce sensitive materials that reflect deliberations about how to respond to congressional requests and media inquiries. However, the opinion is a much more complicated ruling that reinforces some longstanding executive branch legal arguments that Congress has perennially disputed. In the longer term, this opinion may actually be a win for the executive branch, despite being ordered to hand over documents the President designated as privileged.
1 comment:
The win for the executive is simple.
Hand over documents that do not matter, do not pin the tail on the donkey, and keep secret the ones that do.
I have no sorrow for Congress on this issue because it had full authority year after year after year after year to refuse to provide funding for the runaway, flat busted, unquestionably guilty, executive branch alphabet soup to A) shut some of them down and B) bring out proof of who did what when for what everyone can see is a straight up international crime, set beside obvious treason, called running guns to known criminal brutal drug cartels which are well proven to be facilitators of the invasion coming across the border of our nation AND criminal operation within our country.
The Democracy of the 9 robed kings - and their underling robed wannabes - has to be brought out, drawn up and quartered.
Either the legislature uses the purse to reign in the other two branches by pulling the draw strings on that purse, or this nation ends up in civil war. Another war of independence. It is one or the other. And it is indeed time to choose.
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