Thursday, June 21, 2012

Jonathan Turley: Assertion Of Executive Privilege In Fast And Furious Offends Against Separation Of Powers



"The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities. ...

"Holder insists that they fall within the “deliberative process” privilege. The position however could sharply curtail the ability of Congress to be a check and balance in such controversies. ...

"The use of the privilege in my view raises serious questions over the separation of powers in the tripartite system. ...


"My greatest concern rests with the impact on checks and balances in a system already left anemic by ever-expanding claims of executive power."