Thursday, July 5, 2012

Op-ed:
Executive Privilege...Obama’s big mistake 
By: Diane Sori

 
Executive Privilege...that once overlooked term has now been thrust into the limelight with Obama’s throwing the Executive Privilege blanket over Eric Holder in regards to the Fast and Furious investigation. 

Did Obama have justification in asserting Executive Privilege to protect his Attorney General, the very man who withheld subpoenaed documents he claimed needed to be kept secret for security reasons?  I don’t believe Obama did nor does Speaker of the House John Boehner.   Boehner is going full steam ahead with a civil suit against Holder and the DOJ to try and get those very documents.  Boehner is left with no choice because the DOJ will NOT prosecute Holder (their boss), nor will they release those documents even with Holder being found in both civil and criminal contempt of Congress.   And while he’s at it, Boehner is also going after Obama for extending Executive Privilege to Eric Holder, a questionable move at best.

Gee, I wonder what they’re hiding, wink, wink.  Let me guess...could these documents give away Barack Hussein Obama’s hand in Fast and Furious...or could these documents be the ones that lay the groundwork for Obama’s trying to implement gun control and take away our Second Amendment rights...what other reasons could there possibly be to withhold them...in a word, NONE.

With his asserting Executive Privilege to protect Holder, Obama is saying that this privilege can cover not only himself but his department heads as well.  However, this privilege is usually asserted only for documents and correspondence between the president and his senior advisers NOT for documents and correspondence between the president and a head of a government agency.  Executive Privilege does, however, allow Obama to withhold from Congress documents revealing internal communications within the Executive branch of government that he wants to remain confidential, and unfortunately, the DOJ falls into this realm.

In a letter to Obama, Committee Chair Darrell Issa said, "Courts have consistently held that the assertion of the constitutionally-based executive privilege ... is only applicable ... to documents and communications that implicate the confidentiality of the president's decision-making process."

“The president’s decision making process.”

Did Barack Hussein Obama actually implicate himself in the Fast and Furious scandal by mistakenly asserting Executive Privilege to protect Holder...I believe he most certainly did.

And while the DOJ is technically part of the Executive branch of our government does that give Obama the right to issue Executive Privilege when it’s being used to hinder the investigation into the murder of one of our Border Patrol Agents?  Personally, I don’t believe it does nor should it, as finding who murdered Border Agent Brian Terry must be made top priority with all information that could lead to that finding turned over immediately.  What gets me is why our president would even want to hinder such an investigation.

Again, we can pretty much guess why.

But the main question is can Executive Privilege be overturned by showing a definitive need for the documents subpoenaed and the information they contain.  And the answer is YES.   An issuing of Executive Privilege can indeed be overturned by using the process of Judicial Review, because while a subpoena by Congress cannot override claims of Executive Privilege, the privilege itself is considered ‘qualified.’  Therefore, Executive Privilege does not protect statements that can be proven to have been made with malicious intent, as in a cover-up, instead of being ‘absolute’ where the president and those under the Executive Privilege blanket cannot be sued even for malicious intent.  

Bottom line...Speaker Boehner is well within the law in trying to challenge and have revoked Barack Hussein Obama’s issuing of Executive Privilege to protect Eric Holder and, let’s cut to the chase, to protect himself, because we know, and he knows we know, that he is knee-deep in Fast and Furious.

Let’s just hope that the White House doesn’t 'get' to Speaker Boehner, and that he follows through and is successful in getting this privilege revoked.  And I can most assure you that Barack Hussein Obama will be one very unhappy camper if Boehner does indeed succeed.

19 comments:

  1. would haves, could haves,should haves, might be's,i am so sick of this clown..listen Boehner aint gonna get nothing done, never has, never will..its all just smoke and mirrors....

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    1. Good write-up, Miss Diane. Do you mind if I link your blog, to my website?

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    2. I need to check out your site first. I'll do that when I get back from campaign headquarters this afternoon.

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    3. Anonymous...you might be right but God I hope you're wrong!

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  2. by the way..you should put the dunce cap on the American people, we are the reason he is in office....

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    1. NOT me...I didn't vote for him!

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    2. With time, we can overcome what Obama has done to this country. It is the thinking of the people who elected him but especially those who still support Obama that is cause for great concern and grief for this nation.

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    3. Exactly. And especially those on the 'gimme, gimmee train' as they don't want to bite the hand that feeds them!

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    4. No We are not the reason the POTUS is in office. It is the stupid people who believed hid drivel 4 years ago. I unfortunately live in Illinois for a few more months and see first hand what a mess the state is in and what little Barry did while in office. Look at his voting record and how few times he actually did anything during his short tenure in the senate.
      Remember shame on me the first time, but shame on you the second time. I never would vote for his type of ideologies and never will. i €have never voted straight line either unless there is nothing on the ballot. Always vote for the best person or lesser of two evils. Obama is pure evil. He needs to be a one term president and hopefully get this country back in line again to recover her lost stature.
      OMG (Obama Must Go)

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    5. I NEVER voted for him so my conscience is clean!

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  3. Another spot on article Diane. I would just like to add. That although SA Brian Terry was certainly a casualty of Fast and Furious - the Media has paid scant attention to another US agent who was a victim of this atrocity committed by the Obama administration.

    ICE Agent Jamie Zapata. His family are also seeking answers and have been stonewalled by the government and media. Enclosing links for your viewing.

    http://articles.cnn.com/2011-03-01/world/mexico.agent.killed_1_atf-weapons-firearms?_s=PM:WORLD

    http://news.yahoo.com/blogs/lookout/family-slain-ice-agent-says-govt-won-t-212506132.html

    http://seattletimes.nwsource.com/html/nationworld/2018560295_apusiceagentsshot.html

    http://tinyurl.com/c2bkvhh

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    1. Thanks, and I will check out the info you poisted.

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  4. I'm not so sure the founders could have foreseen this one. The prez is a cook. The guy to nail him, the AG is also a crook. So the crook AG won't prosecute his buddy & boss the crook prez, and the crook prez protects his crook AG. Who the hell is supposed to put these two in jail?

    Whoever it is, I hope we find him/her fast. Both crooks need to be put there where they can't keep screwing everything else up ... QUICKLY.

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    1. I so agree, and it's now really up to Congress to do it but all of them are so afraid of the race card that it might be up to 'We the People' to get justice by voting the whole lying miserable bunch out on November 6th.

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  5. The House can arrest Holder, once they get access to documents they can indict the imposter in chief. Right now it's House time, think you can get action from RINO Boehner

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  6. I hope and pray we can. July 11th will tell us if he has the guts to do the right thing or not.

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  7. July 11 can't come soon enough. By the way, I didn't vote for o either. As a matter of fact, I'm not sure the the majority of live people voted him in. We had dead people and pets voting and we had threats at some polls so people couldn't go it. His being voted in, besides the fact that he isn't eligible, was all a scam. Here's what We the People did...we allowed it. Victoria Jenkins

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    1. You are so right and now 'We the People' have to right that terrible wrong!

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