DOJ Seeks Dismissal of Fast And Furious Lawsuit

Updated 2:42 p.m.

Attorney General Eric Holder Jr. wants a federal judge in Washington to stay out of the political fight over the flawed Operation Fast and Furious gun-trafficking sting.

Lawyers for the Department of Justice have asked U.S. District Judge Amy Berman Jackson to dismiss a lawsuit filed by a congressional committee related to the operation, arguing that her potential intervention in this dispute between the executive and legislative branches represents “the gravest constitutional threat” from the case.

"Judicial restraint, not judicial intervention, is warranted," the motion filed late Monday states (PDF).

The House Committee on Oversight and Government Reform filed the civil complaint in U.S. District Court for the District of Columbia in August. The Republican-led committee is seeking to enforce a subpoena for documents related to its investigation into operation’s details, especially about how and when Holder and other department officials learned about the tactics involved.

A gun from Fast and Furious, an operation in which federal agents allowed straw buyers to purchase firearms in the United States and transport them to Mexico, has been connected to the death of Border Patrol Agent Brian Terry.

The White House asserted executive privilege over the documents in question, but the House voted mainly on party lines to find Holder in contempt of Congress in June. That allowed the House committee to file the complaint.

DOJ lawyers call the Fast and Furious debacle "a quintessentially political dispute between the Branches over the scope of their respective constitutional powers." The motion to dismiss argues that the long-established give-and-take process between Congress and the Executive Branch "would unravel if courts were available to dictate what information may be demanded or withheld."

"This Court should reject the rash call for judicial intervention here, lest the constitutionally-sanctioned and time-honored process of negotiation and accommodation itself becomes a thing of the past," the motion states. "The Department has acknowledged flaws in the operation, taken comprehensive steps to fix those problems, and requested an independent Inspector General report that provides a comprehensive account of Operation Fast and Furious and its aftermath."

DOJ lawyers acknowledged that a district court assumed jurisdiction over another congressional lawsuit, Committee on Judiciary, U.S. House of Representatives v. Miers, but warned that that decision was leading the country down the wrong path.

Congress, the department argued, has measures to punish the executive branch through appropriations and other means. "An assumption of jurisdiction here would short-circuit the constitutional design and threaten to alter permanently the relationship among the Branches," the motion states. "Filing suit is far easier than mustering the votes necessary to cut appropriations, defeat legislation, or override a veto, and is far less visible to constituents."

The 41-page complaint (PDF) by the House oversight committee chastised Holder for his "contumacious refusal" to comply with a subpoena and set the stage for such a court battle over the scope of executive privilege.

Republicans are also seeking information about how the department's knowledge of the operation "evolved" after February 4, 2011, when the department gave information to Congress that it later rescinded.

DOJ says Congress and the Executive Branch have traditionally relied on a give-and-take process to meet the needs of the other branch. "The accommodation process, as contentious and imperfect as it may be, has thus governed this dispute as it has countless others. The Department provided Congress thousands of pages of material, as well as hours of testimony and interviews with senior officials, with additional productions and briefings offered."

Rep. Darrell Issa (R-Calif.), the chair of the oversight committee who has led the push for documents, said that the response from the DOJ should trouble Americans who don't believe the White House and federal government are above the law.

"In perpetuating a cover-up, through false and misleading statements that even the Justice Department’s own Inspector General found troubling, the Obama administration argued for months that it did not have to meet its legal obligations to a lawfully issued congressional subpoena," Issa said in a written statement.

"Now, the Department is advancing arguments – already rejected by the federal judiciary – that our court system does not have jurisdiction to ensure accountability either," Issa said.

Comments

[Scott Hosler]

We are doomed as a society, and it is ALL our elected officials, red and blue alike, the top 1% that is taking us down the rabbit hole! "Accommodation?" "Negotiation?" What about the Constitution? What about the law? We have foxes guarding our hen houses, and we simply cannot trust our elected officials any more! We need to take our country back ASAP, before they regulate us out of power. I believe Holder at best, and Obama at worst, are guilty as sin for fast & furious, and they are manipulating the.law aand justice. Party lines? If fast & furious is as egregious as we think, as blatant as the NRA discloses, as unlawful as Mexico is reporting, then our Democratice elected officials MUST come clean for the sake of justice first, and the Terry family second. This is guilt by association, and if the Democratic elected officials side with Holder and the president only because of party lines and NOT for justice, then they too are guilty by association. Please, please, please, my neighbors and patriots, we must bring Holder and his cronies to justice.

[Doncreech]

Democrats want Judicial Restraint as long as it is not on health care, abortion, 2nd amendment, voter registration, citizenship or other liberal programs increasing dependence on government or reducing individual liberty.

[Anna Kay Steadman]

I can handle the truth, like many Americans. We deserve it as citizens and demand it as decisions are made with and without it!

[Citizen Kane]

Wonder if the US Marshall Service could start doing investigations under the authority of the US Courts and bring action. Would be outside the DoJ and Congress bickering.

[Les Balty]

Obama and his AG are in violation of their oaths of office to "...preserve, protect and defend the Constitution" nor have they executed the law or their duties "faithfully" or "to the best of (their) abilities". I can't believe how willfully deluded this president's supporters are. Shame on true patriots who support and defend the Constitution against all enemies, foreign AND DOMESTIC if we allow this tyranny to prevail.

[Dominick B.]

"...lest the constitutionally-sanctioned and time-honored process of negotiation and accommodation itself becomes a thing of the past."

That made me chuckle. Based on DoJ's responses to Congressional requests, I'd have to say it's already a thing of the past.

[Jonathan lam]

Did Eric Holder attempt to outplay Elliot Richardson? It was the other way around. Then, Committee on Judiciary, House of Representatives is not Archibald Cox either. If it is how the deal within the legislature and Executive branches to compromise; it is time to bring on Shapiro Agnew's safe, or did Louis Freech get time to have his talk on its jurors?...."how America is finalized justice with its blindfold or just labeled it as terrorism to justice system?" Mr. Robert needs a card unfolded in the eye of its beholders----Jo BIDEN’S FAUSTIAN DEAL.

Elliot Richardson was my friend, and it was not the way he did it. Call me:
Gamesmith94134@yahoo.com

God blesses America.