Last year, Barack Obama’s Attorney General Eric “We need to brainwash people about guns” Holder filed an appeal on Friday, appealing a judge’s ruling that the contempt of Congress charges against him should proceed. Holder was held in contempt of Congress last year with regard to the turning over of all subpoenaed documents in Operation Fast and Furious that led to the deaths of hundreds of Mexicans and two federal agents.
U.S. District Court Judge Amy Berman Jackson had previously ruled back in September that she would not dismiss the contempt and executive privilege lawsuits against Holder and the Justice Department. The Justice Department claims that the judiciary has not business getting involved in a dispute between the Executive and Legislative Branches.
It appears the Justice Department is forgetting that little bit about a balance of powers and that the Judicial Branch is merely hearing both sides and ruling on the merits.
Politico reported on Jackson’s previous ruling:
“This case presents the sort of question that the courts are traditionally called upon to resolve,” Jackson said in her 44-page decision, issued more than five months after lawyers argued the issue in her packed courtroom and more than a year after the House committee filed suit. “Dismissing the case without hearing it would in effect place the court’s finger on the scale, designating the executive as the victor based solely on his untested assertion that the privilege applies,” she wrote.
Politico reports on Holder’s appeal:
The new motion asks Jackson to allow the U.S. Court of Appeals for the D.C. Circuit to weigh in on that question before the case continues.
“Absent settlement (which depends on the willingness of both parties to achieve a negotiated resolution), or an immediate appeal, this Court will proceed toward deciding the scope of the President’s assertion of Executive Privilege in response to a congressional demand, and will do so absent a definitive ruling from the Circuit that such a novel judicial inquiry, in a suit instituted by a Committee of Congress, is appropriate under the law, including the Constitution,” the DOJ motion argues.
“The very experience of participating in such proceedings will cause harm—to the Defendant, the Executive Branch, and the separation of powers—that cannot be reversed if the D.C. Circuit ultimately rules in Defendant’s favor on the threshold questions presented,” the motion says.
“In light of the harm to the separation of powers that such an adjudication would entail, including the impact of such proceedings on the negotiation process between the political Branches—a process that has generally proceeded without judicial involvement since the inception of congressional oversight—Defendant’s jurisdictional objections should be resolved by the Circuit before this Court takes such a momentous step.”
Many believe that Holder is hoping to bring the case before the US Court of Appeals for the DC Circuit, which is sympathetic to the Obama administration.
Holder wants another crack at getting around Congress, or at least delay for as long as possible.
According to congressional investigators, who extensively examined Operation Fast and Furious, they noted in a Joint Staff Report the incompetence of both the DOJ and ATF leadership. “Though many senior Department officials were keenly aware of Fast and Furious, no one questioned the operation,” read the report. “No one ordered that Fast and Furious be shut down. Instead, senior Department officials let it continue to grow.”
Anyone want to guess that Holder and company are not held accountable for their actions which have led to the murder of hundreds of people? Seeing that Border Patrol Agent Brian Terry’s family’s wrongful death lawsuit has been dismissed, I’m not going to hold my breath for justice, but we all should be demanding it.Don't forget to Like Freedom Outpost on Facebook and Twitter, and follow our friends at RepublicanLegion.com.