Obama Appointed Judge Rejects His Executive Privilege Claims re Fast and Furious

Executive Privilege Claim in Fast and Furious Case Thrown Out Because Regime Already Disclosed the Information Publicly

From Politico:

A federal judge has rejected President Barack Obama’s assertion of executive privilege to deny Congress access to records pertaining to Operation Fast and Furious, a gunrunning probe that allegedly allowed thousands of weapons to flow across the border into Mexico.

U.S. District Court Judge Amy Berman Jackson ruled Tuesday that the Justice Department’s public disclosures about its response to the so-called “gun walking” controversy undercut Obama’s executive privilege claim.

“There is no need to balance the need against the impact that the revelation of any record could have on candor in future executive decision making, since any harm that might flow from the public revelation of the deliberations at issue here has already been self-inflicted,” Jackson wrote. “The Department itself has already publicly revealed the sum and substance of the very material it is now seeking to withhold. Since any harm that would flow from the disclosures sought here would be merely incremental, the records must be produced.”

Jackson said she wasn’t questioning the propriety of Obama’s claim of privilege, but ruling that the claim could not be sustained in view of other information the Justice Department had released on the topic, chiefly an Office of Inspector General report released in September 2012.

Read more …

Recall that Barack Obama claimed to know nothing about Fast and Furious, yet went on to assert executive privilege. Now, it remains to be seen if the Regime appeals this judge’s decision.

What are they covering up? Recall that in a February 4, 2011 letter to Sen. Charles Grassley, the Department of Justice stated that the ATF never knowingly allowed gun walking allowing straw purchasers to take guns into Mexico. Ten months later, they withdrew the letter, stating it was a “false letter.” Are the documents that the documents that they are withholding the internal communications that explain why they lied?

Thought experiment: Eric Holder and the Obama Regime stonewalled for years to stop the truth from coming out. What if it had prior to the 2012 election?

For more about Fast and Furious, please check out the terrific reporting by Teri O’Brien Show guest, Sharyl Attkisson, host of “Full Measure.,” including these articles:

A primer on the “Fast and Furious” scandal – CBS News

Fast and Furious Docs Still Withheld Under Executive Privilege | Sharyl Attkisson

Also, soon to be a major motion picture!

‘Fast and Furious’ gun scandal to become major Hollywood movie – Washington Times


  1. 1/22/17 will be the day the info will be released. Is their a statute of limitations on prosecution for all the deaths attributed to the F & F guns, oh learned one? Only a J.D. from AZ would know for sure.

    • As you know, Randy, there is no statute of limitations on murder, but that is a state crime that would have to be charged by a local prosecutor. The federal government has consented to be sued under the Federal Tort Claims Act, but that statute requires that claimants first make an administrative claim to the appropriate federal agency, then sue if denied. Here we have DOJ, DEA, ATF, ICE, so there are a lot of potential agencies to which the families could seek relief. Very interesting question.

      • It sounds like a case for Larry Klayman from Freedom Watch to champion. The State issue raises the question of why State, since the F & F broke Federal lays re: straw purchases by the ATF. Having the Gov’t to police themselves, FAT CHANCE. DOJ and FBI should be investigating. But, don’t hold tour breath.
        Article:”The truth about the Fast and Furious scandal ” casts some doubt on what rally has happened. This case seems to be one of politics at it’s worst. An impartial investigation. Right after pigs fly!


      • The whole issue may be resurrected:

        Terrific: Gun ATF Illegally Trafficked Through Operation Fast and Furious Found in El Chapo’s Lair
        When agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives checked serial numbers of the eight weapons found in his possession, they found one of the two .50-caliber weapons traced back to the ATF program, sources said.

        Out of the roughly 2,000 weapons sold through Fast and Furious, 34 were .50-caliber rifles that can take down a helicopter, according to officials.

        Federal law enforcement sources told Fox News that ‘El Chapo’ would put his guardsmen on hilltops to be on guard for Mexican police helicopters that would fly through valleys conducting raids. The sole purpose of the guardsmen would be to shoot down those helicopters, sources said.

        Based on the intention of the firearm to be used to take down a helicopter, it should be noted another .50-caliber rifle trafficked through Fast and Furious was in fact used to take down a Mexican helicopter in 2011.

        • I’m sure, Randy, that like me, you are SHOCKED SHOCKED at the lack of coverage of the news about the .50 caliber rifles delivered to Mexican drug cartels by Barack “You need a background check” Obama and Eric Holder.

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