When Operation Fast and Furious really broke last year, I was a bit surprised that Republicans didn’t make more of it. Here we have an operation – and at this point we have to ignore that it began under the Bush Administration, as the GOP has done – that directed gun dealers to sell weapons to Mexican drug runners, in a botched attempt at tracking them. The head of ATF and a US Attorney in Arizona resigned over the affair. It sort of lingered in the background as an issue for a while. But when Darrell Issa had nowhere else to turn, he put it back on the front burner of his House Oversight Committee. Today, it’s likely that the committee will hold a vote charging Attorney General Eric Holder with contempt of Congress by obstructing the committee’s investigation.
A Republican House committee chairman said Tuesday he is prepared to follow through on a contempt vote against Attorney General Eric Holder unless the Justice Department provides Congress with documents on a flawed gun-smuggling probe.
The likelihood of a contempt vote on Wednesday rose after Rep. Darrell Issa, R-Calif., and Holder failed to reach agreement in a 20-minute meeting at the Capitol.
“If we receive no documents, we’ll go forward,” Issa told reporters.
Holder claimed he did offer an “extraordinary” amount of disclosure to Issa in the meeting, but obviously not the documents he was seeking.
This is the kind of stunt most people expected from Issa when he got the gavel for the Oversight Committee. In reality he has not kicked up that much dust. The celebrated Solyndra investigation went absolutely nowhere, and others fizzled as well. Even Issa’s press aide had to resign in disgrace after his machinations with the media were discovered. But with Fast and Furious, Issa found his niche.
The document discovery he seeks is in all likelihood nothing more than a fishing expedition. But this is a commentary on an Administration increasingly obsessed with secrecy. Holder maintains that his office did nothing to mislead or deceive Congress about the Fast and Furious operation. If that’s the case, perhaps there’s nothing to hide. But document delivery is something that almost never happens without a lot of wrangling for this White House. They redacted almost all of a document from OLC on recess appointments that was written during the Bush Administration, to use just one egregious example. It’s entirely possible that the Justice Department has already disclosed everything there is to disclose, and Issa is just looking for a fight. But there’s also reason to believe that the Administration isn’t necessarily as transparent as they claim.
TPMMuckraker has more. This is the witch hunt we expected, but Holder could probably make this go away pretty quickly if he wanted. We’ll see how it plays out today.
UPDATE: Holder today asked President Obama to assert executive privilege over the documents in question subpoenaed by the Oversight Committee. The President did assert executive privilege today.
I don’t think this will stop the contempt vote. The NRA just announced that they will score the vote, which is kind of funny, because the vote is over an operation that, in the eyes of the GOP, failed to restrict the flow of guns into the country.
…on the flip I’m going to put Oversight Committee Ranking Member Elijah Cummings’ entire statement on the contempt vote, for context, keeping in mind that he’s a partisan Democrat.
Thank you, Mr. Chairman. First and foremost, I believe Congress has a responsibility to conduct vigorous oversight of the Executive Branch. The Constitution requires this from Congress, and the American people expect it from Members who serve on this Committee.
But the Constitution also requires us to recognize the legitimate interests of the Executive Branch, and to avoid unnecessary conflict by seeking reasonable accommodations when possible. In my opinion, the Committee has failed in this fundamental responsibility.
Last night, the Attorney General came to us in good faith. He offered to provide additional internal deliberative documents. He pledged to provide a substantive briefing on the Department’s actions. He agreed to a request by Senator Grassley to describe the categories of documents being produced and withheld. He made clear he was willing to provide substantive responses to additional questions. And he even offered to provide documents that are outside the scope of the Committee’s subpoena.
All he requested in return was that you—as Chairman of this Committee—give him your good faith commitment that we would move toward resolving this contempt fight. It was a fair and reasonable offer, especially in light of the partisan and inflammatory personal attacks you have made against him throughout this investigation.
For the past year, you have been holding the Attorney General to an impossible standard. You accused him of a “cover-up” for protecting documents he was prohibited by law from producing. You claimed that he “obstructed” the Committee’s work by complying with federal statutes passed by both houses of Congress and signed by the President. And earlier this month, you went on national television and called the Attorney General—our nation’s chief law enforcement officer—a liar.
At the same time, you refused requests to hold a public hearing with Ken Melson, the former head of ATF—the agency responsible for conducting these operations. This refusal came after Mr. Melson told Committee investigators privately that he never informed senior officials at the Justice Department about gunwalking during Operation Fast and Furious because he was unaware of it himself.
Last night, you flatly rejected the Attorney General’s offer. You refused to even commit to working toward a mutually agreeable resolution. Instead, you rushed to a prearranged press conference to announce the failure of the meeting.
It seems clear that you had no interest in resolving this issue, and that the Committee planned to go forward with contempt before we walked into the meeting with the Attorney General.
This is especially disappointing since the Department has already turned over more than 1,000 pages of documents that answer your question. You wanted to know why the Department sent a letter to Senator Grassley initially denying allegations of gunwalking. The documents show that when they were drafting this letter, the Department’s legislative affairs office relied on categorical and emphatic denials from the leaders of ATF. These are the same ATF officials you now refuse to call for a public hearing.
This morning, we were informed that the Administration is now asserting executive privilege over the narrow subset of documents that remain at issue. As I understand it, the assertion does not cover everything in this category, such as whistleblower documents, and the Administration has indicated that it remains willing to try to come to a mutual resolution despite its formal legal assertion.
As a Member of Congress, I treat assertions of executive privilege very seriously, and I believe they should be used only sparingly. In this case, it seems clear that the Administration was forced into this position by the Committee’s unreasonable insistence on pressing forward with contempt despite the Attorney General’s good faith offer.
Mr. Chairman, it did not have to be this way. We could have postponed today’s vote, accepted the Attorney General’s offer, and worked with the Department to obtain additional documents and information. Instead, by not honoring the Constitution’s charge to seek accommodation when possible, the position and prestige of this Committee has been diminished, and that result should concern us all.




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The disgusting reality is that even a showboating multi-millionaire like Issa is demanding more accountability from the administration than the Congressional Progressive Caucus ever did when the Dems controlled both the House and the Senate.
Holder should have approached O long ago about exec priviledge for these. I don’t think doing it now will have a good ending regardless of the merits. Timing is awful.
He just did that today. I’m about to update.
I remember hoping that the democrats would have the sergeant of arms throw some Bush administration officials in jail for contempt. I would be happy if they threw Holder in jail as well, somebody needs to fight back against this increased secrecy of the executive branch in the last decade, even if it is over silly crap.
Lesseee…yet another idiot-policy that Bush began and Obama has sustained, and would now like to bury.
Who knew?
Bottom line: no matter who’s right or wrong, I think going after Holder will play in Peoria.
OMG……..I find myself on the same side of an issue with the dastardly, despicable, house repuglicans????????
Where’s my sword???
Well…..you know what Bush would do. TO create a “diversion” and distract the press, he’d invade Grenada……again.
They’ve piqued my interest.
Does anybody know where HOlder is?????
Is that a picture of him above?????
I thought that was Ron Glass (Sgt Harris) from “Barney Miller”.
He’s at the Ecuadorian Embassy in London. Finally realized that Assange character is actually a pretty smart dude…
Quito is a beautiful city.
Eric and Julian will like it there.
Where the hell is everybody this morning???
We’ve scared them off with our biting wit.
The human mouth is dirty. People don’t want cooties.
Issa doesn’t care about accountability. He cares about smear.
Last I heard, Obama invoked executive privilege a short while ago. Holder’s off the hook.
lol, am so fucking stealing that !
. . .a small time convicted car thief can hold the nation’s Top Cop in contempt – what a country, huh ?!?!
Gawd Bless ‘Merikuh. If Jesus were here , he’d be driving a Chrysler 300 and waving a ‘Merikuhn flag while drinking Bud Light, smoking a Marlboro Red, wearing a Smith & Wesson M&P on his hip, and shunning vaginas.
Now that we have Bush III under Obama, the Republicans are attacking it.
“He’s at the Ecuadoran embassy in London…”
Major coffee-spew! :o)
And ‘guy: not to worry about finding yourself agreeing with the goobers now and then; If SCOTUS kills the individual mandate, OR, the whole damn healthcare sellout, I will lift a beer to them.
Unspinnably, that healthcare “reform” was Obama tossing out a few progressive crumbs, while permanently enshrining the right of the robber barons to make obscene amounts of money off of sickness and aging in amurka.
The defenders of it as “the best we could get” should be ashamed of themselves.
I can’t decide if it’s because he’s African American or because of the (D) after his name. Maybe it’s a little from Column A, a little from Column B.
This morning, we were informed that the Administration is now asserting executive privilege over the narrow subset of documents that remain at issue. As I understand it, the assertion does not cover everything in this category, such as whistleblower documents, and the Administration has indicated that it remains willing to try to come to a mutual resolution despite its formal legal assertion.
As a Member of Congress, I treat assertions of executive privilege very seriously, and I believe they should be used only sparingly. In this case, it seems clear that the Administration was forced into this position by the Committee’s unreasonable insistence on pressing forward with contempt despite the Attorney General’s good faith offer.
So bottom line O is admitting they have not turned over all the relevant documents. Am I reading that correctly
LOL!!!!
I don’t understand why FDL doesn’t give you and me our own column.
Well….so much with “transparency in government.”
This really IS looking like Bush v3.0
I recall the fisticuffs over exec priviledge when Nixon tried to withhold Watergate docs. I was in my 20s back then. It’s not that the recent F&F operation rises to the Nixonian level. Still Watergate / exec priviledge was a defining moment back then.
It ended up at SCOTUS which, if I recall correctly, said exec priviledge applied only to docs directly involving communications with the President.
During the F&F imbroglio, however, Holder had testified months ago that he didn’t discuss the operation with O.
It seems a disconnect, maybe something’s missing in this picture.
I forgot to mention that he’d be listening to Kid Rock.
That’s why we can’t have our own column. We miss the important details.
You guys can take this information as you please. Long before FnF was back on the radar a white house inside told a blogger that it went all the way to the Obama WH and O himself. He said that holder was the firewall and if holder was removed O would be in trouble. He said that FnF was a plan to gut the 2nd amendment. The idea being to trace the guns being walked into mexico as being from the US and causing death etc.
With the killing of the border agent the plan blew up and it started to leak it was the US govt that was sending the guns to mexico…….the question was how far up the chain of command did it go? Well it seems it might have gone all the way. If what the WHI said is true then holder and O conspired to risk the lives of multiple people, blame it on guns being illegally shipped into mexico and use it to try and gut the 2nd amendment.
WHI also said Holder was lying trying to connect Bush and say it was the same program. As of today Holder now admits Bush was not doing the same thing and what he said before was wrong. Given that O just invoked privilege it suggests that O did know about the operation something which Holder denied
Well if a “White House insider” told an unnamed “blogger” something and they mentioned it on an unnamed blog, it must be true.
You’re prolly right. I won’t quit my day job.
Boy…you are the “Deep Throat” of FnF. I ‘sposse we shoudl expect a book by some retired ATF guys soon. Sounds like a real page-turner.
Thanks for your always interesting insight.
as i said just putting it out there you can believe it not believe it or whatever.
Special Book Salon up with Chris Hayes’ Twilight Of The Elites: America After Meritocracy hosted by David Dayen
LOL.
Exec Privilege only extends to communications with the President. And the Dems can’t have it both ways. They can’t argue that Placeholder discussed the program with Pinocchio, but that Pinocchio didn’t know anything about it.
Much as I detest Issa, I have to agree that anybody bringing any kind of transparency is hard not to appreciate.
I thought that was Reagan’s “war”. If so, it would follow that Obama would invade Grenada because Reagan is his professed idol. “Fast and Furious” also recalls Reagan and Iran-Contra. Is Obama a reincarnation of Ronnie?
TBogg to the rescue. Typical defense of the indefensible to protect the rep of his boyfriend Obama the Pure.
LOL, he must be good in bed:)
It’s amazing that Tbogg took time off from whipping Breitbart’s rotting carcass, to come over and weigh in.
Surely there are a few ounces of putrefying flesh left on Andrew’s cadaver, to shriek about, in lieu of the SLIGHTEST admission of the reality of Barack Obama and what he’s done to the progressive cause.
Is he the supervisor of the veal pen or one of the inhabitants?
Both. He’ll turn off the lights and throw himself into the grinder-gleefully-once everyone else there has been liquidated.
“…anyone bringing any kind of transparency is hard not to appreciate.”
WELL said. And that’s the miserable truth of what Obama has “accomplished”:
The goddamn republicans are going after him, in some measure, for the right things. It’s doubtful they’ll do any better if they retake everything, and will probably be worse, but if no one’s going to do enough to even start to turn this corporate shit around, then sure as can be, things will implode. I’d rather it happen with the republicans in, than with Obama in for another four years.
If out-and-out shills like Tbogg think that there are going to be enough voters fired up about a second term for Obama, based on what he’s done, and not done, in his first, then I would just say:
You may not believe in reality, but reality believes in you.
With the DUMB republicans (and there ARE some that are not that…) Obama could be out on the White House lawn at high noon, doing a three-wayer with Michelle Malkin and Ann Coulter, and the republicans would probably go after him as zealously as they did Bubba, for getting his ashes hauled in the Oval Office closet.
Which situation was present, the moment he put his hand on that bible and took the oath…and that should have told him about how much of a “yield” he’d get from doing wondrous “bi-partisan” rehab on the republican party.
Just now, I’m thinking that butter wouldn’t melt in the mouths of “moderate” republicans: they can’t lose in this election. Even if Obama wins, the chances of the democrats picking up the House are practically nil, which means that he’s going to be hamstrung for another entire term.
Of course, in light of what he did with the big congressional numbers he came in with (less than zero, comes to mind…) speculating about the benefits of a democratic regaining of the House is laughable, anyway.
Well, now that Obama’s gone all Nixon on us:
http://news.yahoo.com/blogs/ticket/obama-invokes-executive-privilege-holder-faces-contempt-vote-143710603.html
It’ll be interesting to see what effect this might have on his numbers.
The republicans have forced him into this, and as long as they’ve got the investigative hammer in the House, I don’t think it will go away.
I”m also curious to see how many democrats will stick with him on this, if the GOP criticism of him for doing it starts to get some political traction.
One American and many Mexicans died in relation to FnF. That’s a BFD. But I really wish Issa would go after Holder and O on the Wall Street coverup and TPP.
Kinda funny to me to hear all the nonsense about this being the first time that O invoked “Ex Priv.”
What the hell does the WH call the secrecy over TPP?!
Also, I don’t get how Ex Priv relates to issues that involve the POTUS… yet the POTUS claims no knowledge. Huh?