"It profits me but little that a vigilant authority always protects the tranquillity of my pleasures and constantly averts all dangers from my path, without my care or concern, if this same authority is the absolute master of my liberty and my life."

--Alexis de Tocqueville, Democracy in America

Wednesday, June 20, 2012

Fast and Furious and Executive Privilege Primer - Update

Here is Eric Holder's letter to the President.   Apparently he is claiming the "deliberative process" privilege:

I am very concerned that the compelled production to Congress of internal Executive Branch materials generated in the course of the deliberative process concering its response to congressional oversight and related media inquiries would have significant, damaging consequences.

Astonishingly, however, it nowhere cites or attempts to distinguish the Espy or Judicial Watch cases, the most recent precedents, nor does it note the "governmental misconduct" exception to the privilege that Espy stands for.  

This is pure PR... make the contempt citation Congress is probably issuing as we speak something they can downplay as politics; and otherwise kick the can down the road past the election, because no court could possibly rule on this before then.   They know they don't have a leg to stand on legally.   Shameful.

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