House Panel Votes to Place Holder in Contempt of Congress
Eric Holder is a gift that keeps on giving -- for congressional Republicans. He is bringing a unique combination of political ineptness and constitutional myopia. Politically, he is sustaining a story of law enforcement incompetence that he could bring to a quick end by providing the Hill with documents that bear no national security implications (unlike the Obama administration leaks about our counter-terrorism programs). Legally, he has given the Obama White House bad advice on the scope of executive privilege, which the Supreme Court in Nixon made clear is centered on the President's right to discuss the most sensitive national security, military, and diplomatic matters with his aides. Either the White House is admitting that President Obama was involved in the Fast and Furious controversy (which seems hard to believe), or they are seeking to claim executive privilege to mere discussion of low-level staff with the Attorney General, which the Constitution does not recognize.