Yes, the investigation into the Fast and Furious scandal is still ongoing. Behind the screen of the Democrats shutting down the federal government, Benghazi, IRS targeting conservatives and host of other scandals, the House Oversight Committee continues to press on with their investigation of Fast and Furious. Their attention at the moment seems to be focused on US Attorney General Eric Holder.
The House committee had subpoenaed numerous documents pertaining to the botched ATF sting operation that allowed hundreds of assault-style weapons to go into the hands of Mexican drug cartels. Those guns have since been used to murder over 300 Mexican citizens and US Border Patrol Agent Brian Terry.
Last year, Holder refused to release many of the documents that the committee demanded. His refusal led to the House finding him in contempt, but no punishment was ever divvied out to the nation’s top cop for violating a congressional subpoena. Had it been you are me, our butts would have been in jail in a heartbeat.
Then Holder’s puppet master, President Obama stepped in and used his executive privilege to protect Holder and what could be very damning evidence contained in the documents. The House Oversight Committee then took their case to the courts, demanding that Holder comply with the congressional subpoena and hand over the documents. That was over a year ago.
Five months ago, both sides argued their cases before US District Court Judge Amy Berman Jackson. Then the Justice Department attorneys riled for the case to be dismissed, like they do in every case that involved the DOJ or Obama.
On Monday, Judge Jackson refused the request for dismissal and said the case would continue. In her ruling against the dismissal, she wrote:
“This case presents the sort of question that the courts are traditionally called upon to resolve. Dismissing the case without hearing it would in effect place the court’s finger on the scale, designating the executive as the victor based solely on his untested assertion that the privilege applies.”
“The Court rejects the notion that merely hearing this dispute between the branches would undermine the foundation of our government, or that it would lead to the abandonment of all negotiation and accommodation in the future, leaving the courts deluged with subpoena enforcement actions.”
I was surprised to see Judge Jackson’s ruling not to dismiss the case since she was appointed to the bench by Obama. It seems she may have used the precedent set by US District Court John Bates in a 2008 case that involved President George W. Bush. The house Judiciary Committee had sought documents pertaining to Bush’s dismissal of a number of US attorneys in 2006. Even though Judge Bates was a Bush appointee, he also refused the White House request for a dismissal, forcing the case to be heard.
In her ruling, Jackson wrote:
“One cannot help but observe that in the five years that have elapsed since [Bates’s] decision, the dire consequences prophesied by the Department have not come to pass.”
“The Court cautions that this opinion should not be taken as any indication of its views on the merits of the dispute, which have yet to be briefed, argued, or considered in any way.”
In Bush case with Judge Bates, no decision was ever reached because Bush left the White House in Jan. 2009 before one could be rendered. Hopefully, it won’t take Judge Jackson that long to hear and decide the case. In the meantime, the House Oversight Committee will continue to investigate the Fast and Furious scandal. There is already strong evidence that Holder was fully aware of what was going on long before the scandal broke and even before the death of Terry. The evidence also shows that he has repeatedly lied to Congress about his knowledge and involvement in Fast and Furious and that alone should be grounds to try him for perjury and remove him from the Attorney General’s position. But once again, our Congress is too spineless to do what’s right for America.