Gunwalker Update: DOJ Seeks Lawsuit Dismissal

Posted: October 29, 2012 by ShortTimer in Department of Justice, Eric Holder, Government, Guns, Operation Gunwalker, Second Amendment, United States Congress
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Missed updating this last week, from FOX:

The Justice Department on Monday night sought dismissal of a lawsuit by a Republican-led House of Representatives committee demanding that Attorney General Eric Holder produce records about the botched law enforcement probe of gun-trafficking called Operation Fast and Furious.

President Barack Obama has invoked executive privilege and the attorney general has been found to be in contempt of Congress for refusing to turn over documents that might explain what led the Justice Department to reverse course after initially denying that federal agents had used a controversial tactic called gun-walking in the failed law enforcement operation.

In its court papers, the Justice Department says the Constitution does not permit the courts to resolve the political dispute between the executive branch and the House Oversight and Government Reform Committee that is seeking the records. The political branches have a long history of resolving disputes over congressional requests without judicial intervention, the court filing said.

If the lawsuit is allowed to go forward, “countless other suits by Congress are sure to follow, given the volume of document requests issued by the dozens of congressional committees that perform oversight functions,” the Justice Department’s court filing stated. “This case thus illustrates vividly why the judiciary must defer to the time-tested political process for resolution of such disputes.”

The problem with this is that if the lawsuit doesn’t go forward, then the DOJ can simply stonewall on any criminal activities they’re involved in.  The president’s use of executive priviledge is suppposed to be limited to things he knows about, yet here he claims no knowledge, yet exerts priviledge to prevent the investigation from finding the criminals he’s protecting.  The lawsuit is pushing against that shady use of executive priviledge to protect criminals in the DOJ, and now Eric Holder’s DOJ is trying to dismiss the lawsuit so there will never be disclosure.

From February 2012, for some idea of the stonewalling:

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