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Subscribe to RSSNBC News has obtained a copy of a seven-page letter from House Oversight Chairman Darrell Issa to Barack Obama that raises the stakes in the stand-off between Congress and the attorney general.
In the letter, Issa challenges the president's assertion of executive privilege over documents sought by the committee in the "Operation Fast & Furious" investigation.
Issa requests the president provide a formal, legal justification for the privilege claim and a list of specific documents covered by it.
Issa points to case law that maintains executive privilege is reserved for direct presidential decision-making.
The California Republican ratchets up the pressure by stating that either the president's "most senior advisers were involved in managing Operation Fast & Furious ... and the fallout" or the White House is asserting "a presidential power that you know to be unjustified solely for the purpose of further obstructing a congressional investigation."
The letter includes the president's own public statements that neither he nor Holder knew about or authorized the operation.
Issa asks why and the attorney general was offering certain documents last week with the condition that the contempt citation be dropped but the next day those same documents were shielded by executive privilege.
The chairman says there has been no explanation for how Holder could tell the president that releasing the documents would result in "significant damaging consequences" only hours after saying he could provide them to congressional leaders if contempt was off the table.
Rep. Issa: No evidence of White House cover-up in 'Fast and Furious' gun-running case
The chairman goes through the history of the case, the death of border agent Brian Terry and reminds the president that Attorney General Holder provided false information to Congress on Feb. 4, 2011 in a letter that denied the gun operation permitted illegally bought weapons to cross into Mexico.
The Justice Department retracted that denial months later. Issa pointedly states that lying to Congress is a crime itself and says the subpoenaed documents pertain to Holder's denial and internal communications that brought about the subsequent correction.
In a new request, Issa also asks for any communications between the White House and Justice between the date of the false denial and June 18, 2012, the day before privilege was asserted.
Issa rejects criticism that the contempt vote is purely political. He complains that Holder referred to the committee's action as an "election-year tactic."
Issa writes that "nothing could be further from the truth. This statement not only betrays a total lack of understanding of our investigation, it exemplifies the stonewalling we have consistently faced."
Still, the House Oversight Chairman tells the president he is "hopeful the Attorney General will provide the specified documents so that we can work towards resolving this matter short of a contempt citation."
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Obama said last year in an interview that he knew absolutely nothing about Fast & Furious. Now he is invoking executive privilgege when it's not him who is being asked to provide documents relating to the controversy. That means he has something he does not want anyone else to see even before he is asked. That by itself doesn't pass the smell test and is an admission of guilt. It's the president's version of taking the 5th.
Gee, wonder now NBC got a copy of Issa's letter. Issa looking for more publicity. He's been on a witchhunt since he took over this committee. Must be embarrassing to come up empty handed so often.
Leaking a letter to the President from a congressman is much, much less outrageous, even illegal, than the POTUS leaking classified information to the press on issues vital to national security just to make himself look tough.
Because of Issa's reputation as a GOP muckraker, I can't believe this is anything but a GOP withch hunt over a program started by St. George Bush himself, the holy roller of executive priviledge and power mad monarch. Phhht!
Mr. Issa go find something else to do.
If there is nothing to hide, hand over the documents and be done with it, right! That actually might be legal and Obama will never agree to that.
sonny-
So you're saying that it is inconceivable that sensitive information be passed if the documents are handed over? Was your attitude the same when GW Bush exercised executive privilege seven times?!? Was it "illegal" then?
The documents are in the hands of the inspector general. Issa has all he is going to get...
Doctor,
Gun running is not exactly "sensitive information". Illegal and ill-advised maybe, but not sensitive. It is only sensitive to the President's credibility, not national security.
Road-
How are you able to make that call? What do you consider to be "sensitive information"?
Let's say they got information about some people who WERE bringing guns into the country....leaking their names and information would NOT be sensitive? That is what the whole project was about when it was conceived in 2007.
Doctor Logic, Are you going to seriously try and tell us that this administration is concerned about leaks after what we have just seen leaked in the last several months.
They leak what is beneficial to them and try to conceal what they know will harm them.
Harry, please provide a list of lies that Holder told Congress. And now list the charges that have been levied by Congress because of those lies.
We're waiting (more borish and baseless accusations...)
Issa is a scumbag. When the GOP took the House, he was licking his chops trying to nail the Administration for something. He was getting angry because there was nothing....until this project comes up that spanned into 2007 and the Bush Administration. By the way, don't you find it odd that Issa is ONLY looking for documents under Obama; even though he could ask for documents for the entire operation? This is 100% political...anyone with a half a brain can see this.
Also, to those of you who cry about the executive privilege....this was Obama's first....GWBush did it 7 times. Where was your phony outrage then? Give me a break.
Correction: GW Bush used executive privilege 6 times....my fault. But, the point remains.
Bush invoked executive privilege when the document/discussions involved directly pertained to discussions involving Bush
If Obama did not know about this and was not part of any conversations involving this then executive privilege does not apply.
FYI Clinton invoked executive privelege 14 times.
Obama is trying to invoke executive privilege for something that he was not privileged to be apart of
Bush invoked Executive Privilege 6 times, Clinton 14 times, Bush Sr. 1 time, Reagan 3 times. Looks to me like Obama's administration is one of the most transparent in recent history.
You still do not get it, It is not about how many times it was invoked it is about what it was invoked for, Obama is trying to invoke executive privilege for conversations he was not a part of...or was he...Is that why he is scrambling now to keep those conversations out of the publics eyes.
Transparencey...Like a mud puddle.
It's all political for the right. Nothing more, all too sadly for the country.
Obama an his co-hart holder are going down along with that @!$%# Pelosi and the ass hole from Nevada Reid. Gutter rats
There is some brilliant commentary for you! (that's sarcasm if you haven't caught on) As usual, zero substance but plenty of frothing at the mouth.
This is what passes for intelligent discussion of issues for the right these days.
Boy, 11eagles.....I sure hope you weren't the brightest pea out of your pod. I've seen 5 year olds that could present their opinions better than that. If all you can do is use derogative language to describe someone, you apparently have no ability to socially interact with others. Are you even old enough to be on a site like this? You know, a site for ADULT discussion?
Issa is full of it. This is nothing more than election year politics plain and simple. It's an extension of the NRA lunacy about Obama's secret plot to control guns in the US. Issa wouldn't know the truth if it smacked him upside the head. He should go back to stealing cars......
Democrats know that and so do independents.
It's just the far right that doesn't quite get it.
Only flaw in your logic is that this was started in a NON-Election year and the AG has delayed it to carry over to an election year, The part that is election year politics is Holders delays and Obama claiming executive privilege.
@LostInThePineBarrens, you may be right there. Obama may just be baiting the stupid GOP to make them all look like fools just in time for the elections. BTW, I hope you find your way home soon.
Thanks Fish Enchilada but I am home.
Baiting is one thing, Obstructing an investigation is criminal, And the investigation does not have to find something criminal has actually happened for someone to be guilty of obstruction, They are obstructing the investigation.
You are wrong. They are not obstructing the investigation.
Failure to provide documents as requested under subpoena, Lying under oath and providing false and misleading information, yes they have obstructed this investigation and if you think otherwise then you have your head in the sand
Soon now you will all be made for the fools that you are. Issa is already scrambling to save face. I am hoping the House votes for the contempt citation. Then watch Obama's poll numbers rise. In fact they already are on the way up.
Transparent Administration? NOT!
How many times did Reagan exercise e.p.? Three........How many times did GW Bush exercise e.p.? Six.
By those numbers, Obama is doing pretty darn well by comparison.
"A man hears what he wants to hear and disregards the rest.."
this president only knows how to defy the law, impeach this president
Barry ... when are you going to understand this isn't Chicago. You can't do whatever you want, take whatever you want, spend however you want ...... this is America. We have laws and rules. Follow them! You nacarcissic, egotistical nitwit!
Zman,
About as brilliant as your cohorts.....answer this question for me....Over the last twenty years, which President has exercised executive privilege the LEAST? I'll wait for your answer......
BTW-the insinuate that exercising of executive privilege is "against the law" is abjectly stupid. Also, the simple fact you mention spending shows how little you know about what is actually happening....
Zman.....still waiting on your answer.
zman - when are you going to grow up, speak and write intelligently, get over you apparent bigotry and stop throwing insults instead of constructive comments. bet you are a tea party person, nra member, white church going christian with your flag, fire arm and bible
for ever dem....
You know the saddest part about the whole thing is.....these people call themselves "Christians" because it makes themselves feel good. There isn't one thing about these people that are truly Christian. Only parts of that Bible they carry pertains to them....and they're OK with that. Sad.
Issa is a joke. His biased "investigation" is a joke. I guess he needs a Joe McCarty moment now and again to hose the audience with testosterone.
The Democrats got their undies in a bunch when Bush claimed executive privilege.
The republicans are getting their undies in a bunch about Obama claiming executive privilege.
If Issa was not on three different Sunday shows last week out lining some Machiavellian scheme about taking away 2nd amendment rights I would not think this pure political theater. There were/are deadly consequences to the mess up that was Fast and Furious. But that is all flushed down the toilet of political games now.
Issa was actually on to some thing serious, but just had to go for over the top conspiracy theories and a fishing expedition. Sad.
"nothing could be further from the truth." How would Issa know what was truthful and what wasn't? He has yet to call those who headed the agencies that actually ran "fast and furious". Issa doesn't want the truth, he wants a name for himself, and an embarassment for Obama. He's just another tea party fool that is trying to get back to those "good old days", you know, those days of old white men rule.
Fast and Furious was not a Bush program it's completely different. Bush program ended in 2007, they placed tracking bugs into each weapon, the ATF, DEA tracked the weapons, the Mexican Government was informed of the program and assisted, there were a whole bunch of people arested and thrown in jail. The program stopped in 2007 when the bugs were discovered. Now Holder/? program had no tracking bugs, no ATF no DEA to track where the weapons went, the Mexican Government wasn't informed the program had started back up. The current Fast and Furious program started 2 years after Bush program in 2009. Information is out there just need to read it. Sorry Libs looks like some really stinking fish laying around the Justice Department and now the Whitehouse.
get your facts straight - oh, that's right, never let the facts get in the way of a good Liberal bashing -
Need to get past the Dr Seuss stories.
Phil-
Where are you getting your information from? I'd be curious to check that out.....
That information has been reported on in TV news and in the newspapers and if you took a few moments to do some internet searching you might find it there also.
Rubbish. The Wide Receiver program involved some 450 weapons most of which were lost. In the Hernandez case, also under Bush, weapons were also lost. It is true the F&F program started under Obama in 2009 but the directive was to intercept the weapons before the crossed the border. The rogue Phoenix ATF office let them walk and then lied about it to everyone, including the DOJ. That is why Holder removed from their posts all of the ATF management that supervised the F&F program and request an investigation by the Inspector General. This investigation is in progress and will be complete any day now. The fact is Issa and company have nothing against the White House or Holder.
I only have one thing to say icea, take your kangaroo court and go straight to Hell.
Witch Hunt wast of time BULL@!$%# ! ! !
Issa can shove it all day long........LOSER
If I were President Obama, I would turn in a 2 week notice - I would tell the Right, Tea Party, the Supreme Court (what a joke) and every nra idiot, - they can take Mitt and run with it. let the corporations buy the leaders they want, let the middle class sink and the lower economic class just fade away. Why should one great President and a few good men and women try so hard to save America from themselves.
I thank you Mr. President for all you have done and all you are trying to do. I know you have too much integrity to quit. but I would love to sit back and watch exactly how long it took for them to fall on their faces
Could you imagine if a Democratic led committee was wasting the taxpayer's money like Issa is doing for God knows what?? It is interesting, whenever the GOP wastes taxpayer money (wars, witch hunts) their followers are more than happy to open their wallets......at the same time they can make wild accusations (like Obama being a big spender) and their followers start frothing at the mouth. And sadly, they are able to do this even though it contradicts every piece of evidence out there.....I place this largely at the feet of the GOP supporters; there has to be a point where you start questioning your "leadership" of your party.
As it should be placed at your feet Doc! At what point will you start questioning the "leadership" of your party? Issa is questioning the most powerful office in the world, which is his duly appointed responsibility. On behalf of the American people as well as the memory of the slain border agents, his request should be respectfully answered. Or...............he could attempt to build unity in finding a resolution to Issa's request and work toward ending this sad chapter. DON'T ask me to look the word up, but that is how I define "Leadership".
Rubbish, Holder has bent over backwards to accommodate Issa but Issa wants documents that have nothing to do with the operation of F&F. Issa is grasping for straws to avoid looking like an idiot but he's just going to end up looking like an idiot AND a clown.
They're both politicians and I bet they both end up looking like idiots and clowns. However, this isn't "Rubbish"! In Feb 2011, Eric Holder/DOJ gave this commitee bogus information that it subsequently retracted as FALSE testimony! Issa's requests are for documents and conversations that involved the disclosure of that FALSE information. (i.e. Conversations among White House officials that decided to release this false information instead of an ACCURATE account, as requested!) As you must understand, it is illegal to intentionally mislead/lie in a court of law. It is even more so to do it to Congress!!! If you, I, or even Roger Clemens had knowingly issued false testimony to a court of law, we would be charged with contempt. That is exactly what is happening to Mr Holder, AS IT SHOULD!!!
ISSA, another GOP loser that wants the lap dog spotlite and doesn't care about the public. The republicans cant find a plan that will do anything but obstruct progress and make rich richer. Term Limits---FREEDOM!!!!
yea what progress, higher taxes and bigger government
Issa has a criminal background. He was arrested 3 times tow for
robbery and once for carrying a consealed weapon. This is his payback to
the justice system . Imagine a former criminal gets to ask accuse the AG Of the US . Imagine how he is climaxing. He LPT @ its best.
Obama ignoring laws and legislation? Wow what a shocker!
REPUBS not doing thee job, shocker!!!
the crazed obozo thinks is king. king obozo who makes up laws as he goes