Holder Will Lose Executive Privilege Fight: President Obama’s assertion of executive privilege to prevent Attorney General Eric Holder from complying with congressional subpoenas on the Operation Fast and Furious fiasco will blow up in the White House’s face. But not for the reasons you’ve heard on the first day of this legal fight.
Some Republicans are saying—and some media commentators are reporting—that executive privilege only applies when the president himself is involved. That’s incorrect as a matter of law.
It’s important to get this right, because some are suggesting that today’s invoking of the privilege means Obama himself is involved, a smoking gun that could make this the next Watergate. Not true. The White House might be involved, but we don’t know one way or another… yet.
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