Monday, June 25, 2012

Executive privilege


To anyone born before 1950 the phrase “executive privilege” brings to mind the efforts of Richard Nixon to prevent Congress from obtaining evidence relating to his misdeeds.  The term is not mentioned in the Constitution, and there was some question at the time as to whether the claim of executive privilege had any validity whatsoever.  
In “U.S. v., Nixon” the Supreme Court ruled 7-2 that the doctrine of executive privilege could not be used to withhold material related to an impeachment or crimes, but it also recognized that the President could keep material secret if it related to national security.
I know almost nothing about “Fast and Furious” other than it was an operation to trace guns to Mexican drug lords that went awry; one of the guns ended up killing an American agent.
Now a House Committee wants documents about “Fast and Furious.”  If the Justice Department refuses to give up these documents, it appears to be hiding something.  Heck, it is hiding something.  Obviously I have no idea what is in the documents, but I will bet you it is embarrassing to someone in government.  
This is no time for the Obama administration to be coy or invoke a Nixonian doctrine.  Refusing to hand over the documents will be far worse than any embarrassment they might cause.

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