President Barack Obama has asserted executive privilege in response to requests made by Rep. Darrell Issa (R-Calif.), chairman of the Committee on Oversight and Government Reform, who has embarked on a controversial investigation into the Department of Justice's Operation Fast and Furious gun-running program.
The invocation of executive privilege allows the president to defy requests and subpoenas by members of the legislative and judicial branches for information the White House deems sensitive. Obama's decision will allow him to refuse to provide certain documents pertaining to the Fast and Furious program.
The Oversight Committee has threatened to hold Attorney General Eric Holder in contempt, and Issa had scheduled a vote on the matter for Wednesday morning. A committee aide told Reuters that Issa would proceed with the contempt vote even after Obama's action. Issa later declared that the decision to assert executive privilege "falls short of any reason to delay today's proceedings."
Deputy Attorney General James M. Cole addressed Issa in a letter on Wednesday morning.
"We regret that we have arrived at this point, after the many steps we have taken to address the Committee's concerns and to accommodate the Committee's legitimate oversight interests regarding Operation Fast and Furious," he wrote. "Although we are deeply disappointed that the Committee appears intent on proceeding with a contempt vote, the Department remains willing to work with the Committee to reach a mutually satisfactory resolution of the outstanding issues."
Holder, who met with Issa Tuesday in an attempt to reach an agreement on how many and which documents related to Fast and Furious he would turn over, had formally written Obama requesting that he exercise executive privilege. A copy of that letter is below.
The Department of Justice has released over 7,600 documents detailing the Fast and Furious program over the course of the House committee's lengthy investigation, which was launched in the wake of reports that Border Patrol Agent Brian Terry had been killed by one of the firearms involved in the operation. Those documents described a controversial practice carried out by agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives that was designed to allow firearms to "walk" into Mexico in hopes of tracing them back to higher-level gun traffickers.
The gun-walking technique, which had roots in previous operations carried out by federal agents in Arizona during the administration of President George W. Bush, eventually led to a number of weapons being lost in the flow. Some of the guns were recovered at crime scenes on both sides of the U.S.-Mexico border.
Issa's latest push pertains to documents that would shed light into how the Justice Department handled the congressional probe into the failed program. Issa contends that Holder has engaged in a "cover-up" and attempted to "obstruct [the] investigation and deceive the public," a charge that hinges on the Justice Department's initial denial that the gun-walking had been officially sanctioned or previously known about.
In his letter, Cole wrote that the Justice Department had already sufficiently proven that those statements had not been part of a deliberate effort to obstruct, and that the requests for more recent documents don't mesh with the probe's stated purpose of reforming the failed practices used in Operation Fast and Furious.
This is the first time Obama has asserted executive privilege. In an email to The Huffington Post, an administration official noted that Bush exercised the authority six times, while former President Bill Clinton did it 14 times. As the Republican National Committee was quick to point out Wednesday, then-candidate Obama criticized Bush for using the practice in 2007.
Michael Steel, a spokesman for House Speaker John Boehner (R-Ohio), questioned the White House's move Wednesday in a statement.
"Until now, everyone believed that the decisions regarding 'Fast and Furious' were confined to the Department of Justice," Steel said. "The White House decision to invoke executive privilege implies that White House officials were either involved in the 'Fast and Furious' operation or the cover-up that followed. The Administration has always insisted that wasn't the case. Were they lying, or are they now bending the law to hide the truth?"
Andrea Saul, a spokeswoman for presumptive GOP presidential nominee Mitt Romney, weighed in later Wednesday, portraying the president's action as evidence of a failed campaign promise.
“President Obama’s pledge to run the most open and transparent administration in history has turned out to be just another broken promise,” she said.
White House Communications Director Dan Pfeiffer shot back, accusing Republicans of pursuing a politically motivated and misguided attack on the administration.
“With millions of Americans still struggling to pay the bills, Republicans announced at the beginning of this year that one of their top priorities was to investigate the Administration and damage the President politically," he said.
"We are ten days away from the expiration of federal transportation funding which guarantees jobs for almost a million construction workers because Congress hasn’t passed a transportation bill. We are eleven days away from nearly seven and a half million students seeing their loan rates double because Congress hasn’t acted to stop it. But instead of creating jobs or strengthening the middle-class, Congressional Republicans are spending their time on a politically-motivated, taxpayer-funded election-year fishing expedition."
This is a developing story. Check back for more updates.
Below, photos from the Fast and Furious investigation:
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From left, House Minority Whip Steny Hoyer of Md., Rep. Maxine Waters, D-Calif., Rep. John Lewis, D-Ga., Rep, Charles Rangel, D-N.Y., and House Minority Leader Nancy Pelosi of Calif., right, and many House Democrats walk out of the Capitol during the vote to hold Attorney General Eric Holder in contempt, Thursday, June 28, 2012, on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite)
House Oversight and Government Reform Committee Chairman Rep. Darrell Issa, R-Calif., left, and the committee's ranking Democrat Rep. Elijah Cummings, D-Md., go to the House Rules Committee, on Capitol Hill in Washington, Wednesday, June 27, 2012, to argue procedures as the House of Representatives prepares to vote on whether Attorney General Eric Holder is in contempt of Congress because he has refused to give the Oversight Committee all the documents it wants related to Operation Fast and Furious, the flawed gun-smuggling probe involving Mexican drug cartels. (AP Photo/J. Scott Applewhite)
Rep. Carolyn Maloney, D-N.Y., left, stretches out her hand to get the attention of Rep. Darrell Issa, R-Calif., chairman of the House Oversight and Government Reform Committee, as the panel considers a vote to hold Attorney General Eric Holder in contempt of Congress, on Capitol Hill in Washington, Wednesday, June 20, 2012. Rep. Elijah Cummings, D-Md., the ranking member, sits between them. (AP Photo/J. Scott Applewhite)
WASHINGTON, DC - JUNE 20: House Oversight and Government Reform Chairman Darrell Issa (R-CA) (C) talks with raking member U.S. Rep. Elijah Cummings (D-MD) (L) during a mark up hearing on Capitol Hill June 20, 2012 in Washington, DC. Issa and the committee Republicans called the hearing to vote on holding U.S. Attorney General Eric Holder in contempt of Congress for refusing to hand over documents the GOP says are key to their investigation into the failed Fast and Furious operation. Before the start of the hearing, the White House asserted the documents are protected by executive privilidge. (Photo by Chip Somodevilla/Getty Images)
Rep. Darrell Issa, R-Calif., center, chairman of the House Oversight and Government Reform Committee, confers with an aide as the panel considers a vote to hold Attorney General Eric Holder in contempt of Congress, on Capitol Hill in Washington, Wednesday, June 20, 2012. Rep. Elijah Cummings, D-Md., the ranking member, second from left, speaks with Rep. Carolyn Maloney, D-N.Y., who authored an amendment in support of Holder. In a showdown with President Barack Obama's administration, House Republicans had pressed for more Justice Department documents on the flawed gun-smuggling probe known as Operation Fast and Furious that resulted in hundreds of guns illicitly purchased in Arizona gun shops winding up in the hands of Mexican drug cartels. (AP Photo/J. Scott Applewhite)
Rep. Jason Chaffetz, R-Utah, center, debates Rep. Stephen Lynch, D-Mass., as the House Oversight and Government Reform Committee considers a vote to hold Attorney General Eric Holder in contempt of Congress, on Capitol Hill in Washington, Wednesday, June 20, 2012. (AP Photo/J. Scott Applewhite)
The House Oversight and Government Reform Committee, led by Chairman Darrell Issa, R-Calif., right, considers whether to hold Attorney General Eric Holder in contempt of Congress, on Capitol Hill in Washington, Wednesday, June 20, 2012. Rep. Elijah Cummings, D-Md., the ranking member, speaks at left. In a showdown with President Barack Obama's administration, House Republicans are pressing for more Justice Department documents on the flawed gun-smuggling probe known as Operation Fast and Furious that resulted in hundreds of guns illicitly purchased in Arizona gun shops winding up in the hands of Mexican drug cartels. (AP Photo/J. Scott Applewhite)
WASHINGTON, DC - JUNE 20: House Oversight and Government Reform raking member U.S. Rep. Elijah Cummings (D-MD) (R) hears from U.S. Rep. Dennis Kucinich (D-OH) during a mark up hearing with June 20, 2012 in Washington, DC. Chairman Darrell Issa (R-CA) and the committee Republicans called the hearing to vote on holding U.S. Attorney General Eric Holder in contempt of Congress for refusing to hand over documents the GOP says are key to their investigation into the failed Fast and Furious operation. Before the start of the hearing, the White House asserted the documents are protected by executive privilidge. (Photo by Chip Somodevilla/Getty Images)
Attorney General Eric holder speaks to reporters following his meeting on Capitol Hill in Washington, Tuesday, June 19, 2012. Holder wants a House panel to drop plans to try to hold him in contempt of Congress, and the panel's chairman wants more Justice Department documents regarding Operation Fast and Furious, a flawed gun-smuggling probe in Arizona. Holder and Rep. Issa met in an effort to resolve their dispute over the investigation of Fast and Furious by the House Oversight and Government Reform Committee that Issa chairs.(AP Photo/Susan Walsh)
Rep. Darrell Issa, R-Calif., speaks to reporters following his meeting with Attorney General Eric Holder on Capitol Hill in Washington, Tuesday, June 19, 2012. Holder wants a House panel to drop plans to try to hold him in contempt of Congress, and the panel's chairman wants more Justice Department documents regarding Operation Fast and Furious, a flawed gun-smuggling probe in Arizona. Holder and Issa met in an effort to resolve their dispute over the investigation of Fast and Furious by the House Oversight and Government Reform Committee that Issa chairs. (AP Photo/Susan Walsh)
Attorney General Eric Holder speaks to reporters following his meeting on Capitol Hill in Washington, Tuesday, June 19, 2012. Holder wants a House panel to drop plans to try to hold him in contempt of Congress, and the panel's chairman wants more Justice Department documents regarding Operation Fast and Furious, a flawed gun-smuggling probe in Arizona. Holder and Rep. Darrell Issa, a California Republican, met in an effort to resolve their dispute over the investigation of Fast and Furious by the House Oversight and Government Reform Committee that Issa chairs. (AP Photo/Susan Walsh)
Attorney General Eric Holder walks through Statuary Hall to speak to reporters following his meeting on Capitol Hill in Washington, Tuesday, June 19, 2012. (AP Photo/Susan Walsh)
FILE -In this Dec. 8, 2011 file photo, House Judiciary Committee member Rep. Darrell Issa, R-Calif., left, shakes hands with Attorney General Eric Holder on Capitol Hill in Washington. Holder is proposing to meet with Issa by Monday to settle a dispute over Justice Department documents the congressman is demanding on a flawed gun-smuggling probe. (AP Photo/Susan Walsh, File)
President Barack Obama has asserted executive privilege in response to requests made by Rep. Darrell Issa (R-Calif.), chairman of the Committee on Oversight and Government Reform, who has embarked on ...
President Barack Obama has asserted executive privilege in response to requests made by Rep. Darrell Issa (R-Calif.), chairman of the Committee on Oversight and Government Reform, who has embarked on ...
Attempting to argue that AG Holder somehow withheld information with regards to the Fast and Furious case, Rep. Darrell Issa has engaged in a political witch hunt that proves only one thing: the hypocrisy of GOP members for personal and Party benefit.
It is clear that the GAME is winning over the true substance of our Democratic Republic. The GAME is this absurd drama that is played out to be a two party system, when it is, like sports, just an entertaining bit of quasi-controvercy designed to distract the public from seeing the REAL BUSINESS behind the bunting and banner waving. Some of the brighter
Read More... commenters here are touting this as some sort of a victory over the Republicans, when the obfuscation of malfeasance from the public by the government that is supposed to behold to THAT PUBLIC is a win for the hidden forces, which all too many of us suspect, run the government from behind the curtain. So far the little "Toto" dog that pulls back the curtain has not appeared on the scene so the smoke and flashes continue to entertain the gawking masses, while the riches and very blood of our populace is consumed while angry people point sharp sticks at fall-guy-scape-goats. If the readers here can set aside blind loyalties to illusionary party dogmas (which do not exist in a moat of situational integrity) it will be clear that (Holder=Gonzalez) and (Obama=Bush). I know how utterly painful that thought must be. The evidence is clear; the flood of wealth surges into the 1% pockets and the rest are lead to "free speech zones" to mill about smartly to gloat at the piecemeal "press" they get, upon which they place illusions of progress. Thinking those articles are significant is about as realistic as would be the act of jumping up from the floor of an elevator car–which is plummeting to the basement of a building–just before it hits the ground, thinking that would create salvation. The longer and more deeply people believe in this circus that is played out as a real two-party system, the further away from our governmental roots we will be dragged and the less chance there will be for a restoration of the tenets of our founders, without serious physical conflict that would only be the worst disaster in the history of this young, adolescent, spoiled-brat nation as it stands now. FZLO
FZliveson: <b>HELLOOOOOW? Anybody home?</b><br><br>It is clear that the GAME is winning
“The White House, he said, was developing plans to make sure strategy would involve a broad claim of executive privilege to prevent investigators from subpoenaing White House and Justice Department records.” "ALL THE PRESIDENTS MEN"
vnon: “The White House, he said, was developing plans to make
"Ervin began talking about the separation of powers. That, he said, was how he intended to invesigate Watergate-- by getting a resolution passed that would grant a special select committee the braodest possible subpoena power. Then the committee would subpoena whatever docuemnts and people were neccessary--in the Executive Branch and elsewhere."
vnon: "Ervin began talking about the separation of powers. That, he
This whole hypocritical Issa affair is an another black eye for the GOP. The Congressional GOP is a huge joke. The GOP can not be taken seriously,except for the part of ruining Obama politically. Apparently, these evil Republicans have proven themselves again oblivious to unemployed Americans and students burdened by student loan debt. Republicans have been the biggest spenders of taxpayer's dollars on nonsense.
"We are ten days away from the expiration of federal transportation funding which guarantees jobs for almost a million construction workers because Congress hasn’t passed a transportation bill. We are eleven days away from nearly seven and a half million students seeing their loan rates double because Congress hasn’t acted to stop it. But instead of creating jobs or strengthening the middle-class, Congressional Republicans are spending their time on a politically-motivated, taxpayer-funded election-year fishing expedition."
These are very greedy and petty mean spirited men, who will continue to pad their pockets even if it means significant consequence to the middleclass.
Carolyn207: This whole hypocritical Issa affair is an another black eye
Obama and Holder are definately hiding something embarrassing, if it were not so, they would have simply released the documents and put this issue behind them. I can't believe the utter contempt these two are showing towards our country, her laws, her citizens and the Congress of the United States.
xwrench286: Obama and Holder are definately hiding something embarrassing, if it
So when bush used executive privilege back in 2007 it was the worst thing ever and Obama even condemned it. Now Obama is abusing executive privilege and it's perfectly fine?
Executive privilege is a bullshit, get out of jail free card.
Matt_Grizz_Gregg: So when bush used executive privilege back in 2007 it
Explain to me how ONE time using executive privilege is abuse? That was a stupid statement. Just go ahead and admit it, ANYTHING Obama does is an abuse of power in your ignorant opinion.
Spotesmom: Explain to me how ONE time using executive privilege is
Liberals like calling the investigation a political " Witch hunt " ... Liberals i ask ya'll this question ..... If it IS a Witch hunt ,Why did Obama feel the need to assert executive privilege?
Obama & Criminals OUT 2012 !!!
2012_No_Mo_Bo: Liberals like calling the investigation a political " Witch hunt
greywolfsd: MIttys' asserts the n"protection of executive privilege" http://politicalticker.blogs.cnn.com/2012/06/26/romney-in-2007-protect-executive-privilege/ Read it
Another fine example of the most transparent Administration ever in the United States. Every day we have more out in the open examples of how corrupt this Administration is.
bigotboy: Another fine example of the most transparent Administration ever in
That is because of the transparency of this Administration. Obama has been much more transparent than ANY OTHER administration. I love it when I wake up knowing Obama is leading us in the RIGHT direction with no assistance from the 2 year old toddlers on the right in congress.
Spotesmom: That is because of the transparency of this Administration. Obama
The Operation Wide Receiver was done with the cooperation of the Mexican Government, whilst Operation Fast & Furious was not...big difference.
OWR was aborted when tracking became impossible, OF&F never had tracking in mind.
Two border agents are dead and someone must make an account for this. A direct order allowed this.
Imagine what V. Putin thought about Obama when he learned that weapons were sold to the drug cartels, much like he supplies weapons to Syria. To even suggest Russia stand down is hypocrisy. They would not even make eye contact at the G20 summit.
Allen_Jenkins: The Operation Wide Receiver was done with the cooperation of
Your right, the cartels were sitting waiting for that American gun, no others were available. Seems the investigation should be why the Border Patrol fires first with bean bag guns and gets return fire from AK's. Maybe the Border Patrol needs better weapons and training.
Instead we get a witch hunt, and before you type your response please include your outrage at Ronald Reagan for moving guns south of the border.
rlradski: Your right, the cartels were sitting waiting for that American
Guns don't kill people, people kill people. UNLESS, it's a gun from the fast and furious program which was started under the Bush admin. then and only then do guns kill people.
You have just been schooled in the logic of the tea.
r3000: Guns don't kill people, people kill people. UNLESS, it's a
Posted: 06/20/2012 10:15 am Updated: 06/21/2012 10:45 am