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Breaking: White House Asserts Executive Privilege Over DOJ Fast and Furious Documents (Updates)

Drawing the White House into a Fast and Furious cover-up? UPDATE: Holder retracts claim made under oath just one week ago.

by
Bryan Preston

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June 20, 2012 - 7:05 am
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Ahead of today’s expected House committee vote to hold Attorney General Eric Holder in contempt of Congress for failing to comply with its Fast and Furious subpoena, the attorney general has requested that the White House assert executive privilege over those documents. Moments ago, the White House approved executive privilege over those documents. The documents covered by the executive privilege are those related to the February 2011 Justice letter to Congress regarding Fast and Furious, later rescinded due to numerous factual inaccuracies, along with the 90% of subpoenaed documents that Holder has failed to turn over.

This move now draws the White House directly into Fast and Furious. It may not prevent the House from moving forward with the contempt vote for Holder.

The political appointee who penned the February 2011 letter retired one week ago.

More: Presidents typically assert executive privilege over their own communications, and over sensitive military and security-related communications. Today’s move to grant executive privilege over what thus far appears to be a department-level scandal is highly unusual.

Update: Rep. Darrell Issa is moving forward on the contempt vote. He is reading the resolution into the record at this moment.

Update: Fox reports

Obama’s decision pertains to documents from February 2011 and afterward examining how Justice officials learned about the Fast and Furious probe.

Holder, in his letter to Obama, said those documents pertain to the “deliberative process” on how to respond to congressional and media inquiries.

Update: In the landmark case that spells out presidential executive privilege, United States vs Nixon (1974), the Supreme Court found that executive privilege pertains to communications directly with the president, and otherwise limited the scope of executive privilege. Today’s move by the White House implies either that Fast and Furious reaches directly into the Oval Office, or that the White House is challenging the Nixon ruling. Either way, today’s assertion is a major escalation of the scandal.

Update: Holder’s lifeline letter to the president requesting executive privilege is embedded here.

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