A federal judge has refused Attorney General Eric Holder's request
that he be allowed to proceed now with an appeal in a case where the
House of Representatives is seeking to enforce subpoenas for documents
related to the controversial Operation Fast and Furious gun
investigation.
In a ruling Monday afternoon, U.S. District Court Judge Amy Berman
Jackson said her September 30 ruling rejecting Holder's request to
dismiss the lawsuit was not such a close call that it deserved immediate
review from the U.S. Court of Appeals for the D.C. Circuit.
"While the Court agrees with defendant’s characterization of the
matter as significant, that is not the test," Jackson wrote in her new
four-page decision (posted here). "
Jackson's latest ruling means it is likely the Justice Department
will have to produce a detailed log of what was withheld from the House
Oversight and Government Reform Committee and why. Rounds of protracted
litigation over the legitimacy of the withholdings seem all but certain,
unless the sides come to an agreement which has heretofore eluded them.
"The Court is not of the opinion that its denial of the motion to
dismiss involves a controlling question of law as to which there is a
substantial ground for difference of opinion," she wrote in her Monday
order, issued just one business day after Holder's lawyers asked for the immediate appeal.
"The ruling was based upon Supreme Court precedent and Circuit
precedent, and it was decided in accordance with an opinion issued by
another judge of this court in a substantially similar matter....
Defendant has not pointed to any precedent that would supply the grounds
for a difference of opinion."
Jackson noted that while she was turning down Holder's request for an
immediate appeal, she has yet to rule on whether any documents have
been improperly withheld from the House Oversight and Government Reform
Committee under a claim of executive privilege from President Barack
Obama. If she makes such a finding, an appeal would be open at the
conclusion of the case.
(Click link below to read more)
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- This site is the inspiration of a former reporter/photographer for one of New England's largest daily newspapers and for various magazines. The intent is to direct readers to interesting political articles, and we urge you to visit the source sites. Any comments may be noted on site or directed to KarisChaf at gmail.
Tuesday, November 19, 2013
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