Why contempt case against Holder may be doomed
Posted by Peter M. Shane on June 21, 2012
(CNN) — For veteran Congress watchers, President Barack Obama’s formal claim of executive privilege regarding certain Justice Department documents related to Operation Fast and Furious will generate a sense of déjà vu.
Disputes over legislative access to executive documents occur in almost every presidential administration. Their resolution inevitably entails a set of legal and political considerations that change from episode to episode.
Unfortunately for the House Committee on Oversight and Government Reform, its legal position is uncertain at best, and almost all political considerations would seem to favor the White House.
Whether or not the full House votes Attorney General Eric Holder in contempt, the likeliest resolution will be an informal settlement in which the Justice Department expands slightly on its current offer of disclosure, the committee narrows the range of documents it is demanding, or both compromise in a mutual, face-saving gesture. . . .
For the rest of my analysis, see http://www.cnn.com/2012/06/21/opinion/shane-holder-contempt/index.html
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