C_Clayton_Jones
Diamond Member
On WHAT HONEST basis does the Obama Administration make the CLAIM of Executive Privilege over the Fast and Furious papers, notes and e-mails?
I don't think they HAVE any HONEST basis to invoke Executive Privilege.
Why won't the President 'splain his action, in detail?
Isn't it "curious" how little the national media seems interested in pressing him on it?
Maybe they are afraid of appearing "rude?"
EP is based on the Constitution:
Executive privilege, the right of the President to withhold certain information sought by another branch of government, was first claimed by President Jefferson in response to a subpoena from John Marshall in the famous treason trial of Aaron Burr. The Supreme Court's first major pronouncement on the issue, however, did not come until 1974 in United States v Richard Nixon. The case involved the refusal of President Nixon to turn over to Watergate Special Prosecutor Leon Jaworski several hours of Oval Office tapes believed to concern the Watergate break-in and subsequent cover-up. Although the Court unanimously concluded that the Constitution does indeed contain an executive privilege, the Court said the privilege was "presumptive" and not absolute. Balancing the interests in the Nixon case, the Court found the privilege not to extend to the requested Watergate tapes.
Separation of Powers Under the United States Constitution
Thus, EP does exist per the Constitution, the president may withhold information without justifying why to the other Branch of government in question, in this case the Legislative Branch. If House republicans want to compel the Obama Administration to turn over privileged documents, there must be evidence it is in the National interest and that indeed a crime has taken place, as in the Nixon case.
The onus is on House republicans to demonstrate a compelling reason to force the WH to surrender privileged information, it is not incumbent upon the Executive to justify why hes invoking EP.
The problem for House republicans is theyre engaged in a fishing expedition and partisan witch-hunt, they are motivated by politics only, not the law or justice.
If House republicans have such evidence, they need to turn it over to a Federal judge to review, and, if sufficient, order the WH to release the documents in question.
Why have House republicans failed to provide evidence of wrong-doing to a Federal judge?