In contrast, this is a case where documents have been declared priveleged to protect ongoing criminal investigations and probably the identities of undercover agents and confidential informants. The purpose of the underlying operation was to stem the flow of illegal, black market guns from the US to Mexican drug cartels.
"The necessaries of life occasion the great expense of the poor. They find it difficult to get food, and the greater part of their little revenue is spent in getting it. The luxuries and vanities of life occasion the principal expense of the rich, and a magnificent house embellishes and sets off to the best advantage all the other luxuries and vanities which they possess. ... It is not very unreasonable that the rich should contribute to the public expense, not only in proportion to their revenue, but something more than in that proportion."
-- Adam Smith
Here is the basic understanding on claiming Executive Privilege. Unless the Administration can prove these 3 points concerning DOJ documents themselves, there isn't much hope that it will stand.
Note: While the document is long in coming to its conclusion, its actually a very good read.
1. The protected communication must relate to a “quintessential and nondelegable
presidential power.” Espy and Judicial Watch involved the
appointment and removal and the pardon powers, respectively. Other core,
direct precedential decisionmaking powers include the Commander-in-
Chief power, the sole authority to receive ambassadors and other public
ministers, and the power to negotiate treaties. It would arguably not
include decisionmaking with respect to laws that vest policymaking and
administrative implementation authority in the heads of department and
agencies or which allow presidential delegations of authority.
2. The communication must be authored or “solicited and received” by a
close White House advisor (or the President). The judicial test is that an
advisor must be in “operational proximity” with the President. This
effectively means that the scope of the presidential communications
privilege extends only to the administrative boundaries of the Executive
Office of the President and the White House.
3. The presidential communications privilege remains a qualified privilege
that may be overcome by a showing that the information sought “likely
contains important evidence” and the unavailability of the information
elsewhere by an appropriate investigating authority. The Espy court found
an adequate showing of need by the Independent Counsel; while in
Judicial Watch, the court found the privilege did not apply, and the
deliberative process privilege was unavailing.
Last edited by Samhain; 06-21-12 at 01:57 PM.
the FBI ballistics report itself (which blows Molon Labe's sematic argument out of the water, BTW). This is essentially beyond dispute, and has already been pointed out at least once in this thread.
Last edited by jimbo; 06-21-12 at 02:50 PM.
“The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman
Man... how do you do it?...
they are similar.. as F and F is about POLICY here on gun control to GET VOTES ..and people are dying.. like an American Border Patrol officer...
it had NOTHING to do with Guns in Mexico.. as Obama dont give a F about about that.. he is about CONTROLING and social re-engineering and us civilains losing our liberty.. its all about goverment,.
but they are not similar in this is FAR WORSE... and this marxist moron Kenyan Frank Marshall Hussein Obama said "he didnt know about it" so dont lie to us and say he was "trying to stem the tide of guns" when he said he had no idea of F and F...,so which line of BS you gonna try to jive us with now in your Pelosi bag of BS...
Priceless..you sound like Obama, you paint yourself into a corner or BS just like Obama... now which is it? he knew or didnt know?...
Last edited by Travis007; 06-21-12 at 03:08 PM.
Last edited by Karl; 06-21-12 at 03:02 PM.
Last edited by Travis007; 06-21-12 at 03:04 PM.