Obama's Unwitting Confession
The Fast and Furious scandal took a new and genuinely telling turn today when President Barack Obama claimed that the documents not released to the Congressional and Senatorial oversight committees chaired by Congressman Issa and Senator Grassley were covered by executive privilege. In making this assertion, President Obama tacitly confessed that he was somehow involved in the planning that underpinned the Fast and Furious program and its implementation -- for no competent lawyer would ever suggest that executive privilege extends to conversations and other communications about policy within a government agency in which the President of the United States is not a participant.
So we are now faced with a new set of questions. How much did Barack Obama know? And when did he know it? And what purpose did he and those in his administration who conspired to smuggle guns to the drug gangs in Mexico have in mind?
The thought plickens.
Update: Mark Levin has provided an exceedingly lucid account of the manner in which Congressman Issa should now proceed.
Second update: Here you can find the judgment of this question that a United States Senator voiced in 2008: “With respect to the ‘core’ of executive privilege, the Supreme Court has not resolved this question, and reasonable people have debated it. My view is that executive privilege generally depends on the involvement of the president and the White House.” The Senator's name was Barack Obama.
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Comments:
Oct '10
Re: Obama's Unwitting Confession
I think you are spot on, Professor. My wife and I were discussing this not five minutes ago and came to the same conclusion. Beside the fact that evoking Executive Privilege is only an appropriate response if the chief executive is involved (I assume that's right), this president is not one to endanger himself out of loyalty to an underling. He's pitched plenty of inconveniences under the wheels of his roaring ambition, what would one more matter. It must be his neck on the line this time.
Jan '11
Re: Obama's Unwitting Confession
You're giving Obama way too much credit. He would be in contradiction if he cared how the rest of us interpret it.
This is a president and an administration who tells America that unless Congress agrees with the president, the president is entitled/obligated to do what he thinks is right, despite Congress.
The American system must perplex him. Why, other than formality, should he ask Congress for cooperation in the first place, because when they don't come back with the answer he wanted, Obama thinks that disqualifies Congress from having any say in the matter.
If I had to bet, I'd bet that he really didn't know about the program. He trusted Holder like he trusted Congress with healthcare. But, like ACA, even though he didn't create it, it's got his name, it's part of his legacy, and so he's going to defend it no matter what. Once you trigger his self-esteem and place in history, it unleashes his arrogance - I don't think he cares whether it's constitutional.
I wonder if he's afraid he won't win in November, and now he's protecting his tracks.
Jun '10
Re: Obama's Unwitting Confession
At every step, Holder (and now Obama) are doing whatever they need to do to tie this process in knots until November 6th. They must think that whatever bad publicity that executive privilege causes, it's less than caused by letting these documents out.
May '12
Re: Obama's Unwitting Confession
I think he is acting like a president that knows that he has all the recipients of federal transfer payments in the bag and he can do whatever he pleases and gamble that he will squeak out an electoral college win.
I sometimes wonder if he really wants to be re-elected. His fundraising seems more like a b list celebrity studded victory lap and the campaign is a huge payoff to Axlerod's media and consultant cohort to say thanks for getting him elected in 2008.
Jul '10
Re: Obama's Unwitting Confession
Yeah, but Senator Obama has always been one of the staunchest critics of President Obama's policies.
Mar '11
Re: Obama's Unwitting Confession
I don't have a copy of The Idiot's Guide to International Relations (it's on back-order), but I'd be surprised if "selling military-grade weaponry to non-governmental entities in a foreign country" didn't appear somewhere in the section on Acts of War. If some mid-level stooge were to do something like that on his own authority, they'd have hung him out to dry already. They didn't do that because they couldn't. It must go higher than that.
Levin is right; the Administration needs to defend this blanket order or hand over the goods.
May '10
Re: Obama's Unwitting Confession
Not necessarily a "confession"- Executive Privilege has two elements- "presidential privilege", on behalf of the prez, likely not being invoked here, and "deliberative process privilege", the candidate here. John Hinderaker explains at the link. The story isn't any more comforting for the Administration, but it may leave Obama personally off the hook, to get nailed instead by the cover-up.
May '10
Re: Obama's Unwitting Confession
How bad is Fast & Furious? It's so bad the Dems are trying to change the topic to the economy (HT Adam Baldwin).
Aug '10
Re: Obama's Unwitting Confession
I don't think Obama was involved - he's too lazy.
I do think he is trying to help his boy Holder, probably because Holder has threatened to take Obama down with him if he is forced to resign. I'm sure Eric knows where plenty of bodies are buried...
Apr '11
Re: Obama's Unwitting Confession
There is an interesting analysis on Breitbart's site by Ken Klukowski.
Feb '11
Re: Obama's Unwitting Confession
Therefore the question is what does Holder have on the White House that would force them to take this path.
Jun '12
Re: Obama's Unwitting Confession
LOL!!!!
Re: Obama's Unwitting Confession
It cannot be "deliberative process privilege." Obama does not believe that there is any such thing.
Dec '10
Re: Obama's Unwitting Confession
If I weren't so cynical about the complicit media suddenly finding its own cuticles the most fascinating subject ever in the news, I'd buy you all a round of almond butter toffee popcorn. And beer. (Does beer go with that?)
Jul '10
Re: Obama's Unwitting Confession
Beer pretty much goes with everything.
May '10
Re: Obama's Unwitting Confession
So far, at the top of the hour, the national public radio briefing prior to state news covered the following topics: the Syrian pilot defection, something that my mind didn't retain but did not contain the name Holder, the Sandusky trial, the Obama administration expanding community health centers despite SCOTUS review, and Sen. Durban cancelling hearings for bounties in pro sports.
May '10
Re: Obama's Unwitting Confession
Paul A. Rahe
It cannot be "deliberative process privilege." Obama does not believe that there is any such thing. · 4 hours ago
He may say that, but he utilizes it all the time.
Mar '11
Re: Obama's Unwitting Confession
Congressman Issa's been pretty plain in stating that Obama was probably not involved in F&F's implementation. But by exerting the privilege, he's now neck deep in the cover-up. I think what we have here is bad advice from an incompetent hack of an AG to a former Constitutional "lecturer". Had I been in Obama's con-law class, I'd have gone to the bursar's office to ask for a refund of my tuition.
Edited on June 21, 2012 at 5:57pmSep '10
Re: Obama's Unwitting Confession
They will spin this as good intentions gone awry: Michelle's vegetable initiative and battle against obesity caused unintended consequences amongst the carbon based life forms known as humans.