Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« NRA will score the committee vote on Holder | Main | Article on executive privilege »

Lively day for Fast and Furious

Posted by David Hardy · 20 June 2012 06:44 PM

First, Obama (not Holder) invokes executive privilege over the Fast and Furious papers. Then, Issa's Committee holds Holder in contempt of Congress. The next step is a vote by the House (it doesn't have to go to the Senate). After that the charge is referred to DoJ. If it (surprise!) refuses to press charges, I believe the House appoints one of its members to press charges in its name.

UPDATE: Ken Klukowski has written a law review article on the procedure for bringing a contempt of Congress charge; while I can't find it online, I can find his article on it at Breitbart.

· BATFE

7 Comments | Leave a comment

deadcenter | June 20, 2012 8:52 PM | Reply

If the White House 1) wasn't involved in F&F, and 2) wasn't aware of F&F until Holder told them about it, how can they exert Executive Privilege? I thought EP was only to "prevent" the chilling of conversation between the White House and those it asks for advice?

Harold | June 21, 2012 8:11 AM | Reply

David or anyone else:

Any sense on how long it will take for this to play out, assume maximal obstruction from the Administration? I.e. past the November election?

I suspect they're not thinking past that ... which if you remember the Watergate timing, sets us up for a nice mess if Obama is reelected.

Jim | June 21, 2012 9:28 AM | Reply

It is inconceivable that this could be litigated before the election...

Rich | June 21, 2012 11:46 AM | Reply

Not a lawyer, but my gut says there is two competing schedules here, one get in to act out just before the election the other is to push it past the election probably late January/February. But then I'm a cynical old SOB

Marcus Poulin | June 21, 2012 12:58 PM | Reply

"As President Obama indicated during the campaign, there are just a few gun-related changes that we would like to make, and among them would be to reinstitute the ban on the sale of assault weapons," Holder told reporters.

Holder said that putting the ban back in place would not only be a positive move by the United States, it would help cut down on the flow of guns going across the border into Mexico, which is struggling with heavy violence among drug cartels along the border." LOL

Critic | June 21, 2012 5:52 PM | Reply

We don't know for sure yet whether Obama knew about Fast and Furious back before it went public, but we do know now that he is helping the cover-up and protecting the guilty. It is a major offense for Obama not to release the documents.

Denton | June 22, 2012 9:05 AM | Reply

Somebody that studied constitutional law help me out here--

My understanding is that the House has power and authority in and of itself to put Holder in jail until he complies or until the end of the current session. I believe this came about through Supreme Court rulings rather than being written in the Constitution.

In addition, Congress has criminalized contempt, so that a separate charge would be filed and prosecuted through the judicial/law enforcement system.

Since Holder's organization would not successfully prosecute Holder, doesn't it make more sense for the House to act directly, while charges are being prepared and filed, probably for action during the Romney administration??

Leave a comment