Judge denies DOJ's motion to dismiss subpoena in Fast and Furious case

A judge has ruled in favor of the House Oversight Committee in its fight with Eric Holder and the Justice Department over Fast and Furious documents.

In her decision, United States District Judge Amy Berman Jackson wrote:

The fact that this case arises out of a dispute between two branches of government does not make it non-justiciable; Supreme Court precedent establishes that the third branch has an equally fundamental role to play, and that judges not only may, but sometimes must, exercise their responsibility to interpret the Constitution and determine whether another branch has exceeded its power. In the Court’s view, endorsing the proposition that the executive may assert an unreviewable right to withhold materials from the legislature would offend the Constitution more than undertaking to resolve the specific dispute that has been presented here.

Holder had stonewalled on the release of Fast and Furious documents for months, asking President Obama to assert executive privilege. The House then voted to hold the attorney general in contempt. That didn’t produce the documents that have been subpoenaed, though.

Obama-nominated federal judge rejects #DOJ request to dismiss House subpoena in Fast and Furious investigation. https://t.co/Lw8kRQ5yCY

— Andrew Cohen (@JustADCohen) October 1, 2013

Judge Amy Jackson's order denying #DOJ motion to dismiss House subpoena rejects executive privilege claim, almost certain to be appealed.

— Andrew Cohen (@JustADCohen) October 1, 2013

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In rejecting privilege claim, judge in Fast and Furious case: "The political question doctrine does not mandate dismissal of the action."

— Andrew Cohen (@JustADCohen) October 1, 2013

Judge Jackson's ruling does not mean DOJ must immediately turn over documents. Means that it's request to dismiss House lawsuit is rejected.

— Andrew Cohen (@JustADCohen) October 1, 2013

Great news. Border Patrol Agent Brian Terry was shot and killed near the Arizona/Mexico border in December 2010, and answers are long overdue.

Hard to see this ruling oveturned on appeal at DC Circuit. Open question now is whether DOJ/House strike deal. https://t.co/Lw8kRQ5yCY

— Andrew Cohen (@JustADCohen) October 1, 2013

Related:

Fast and Furious: Live coverage of full House vote on holding Holder in contempt; Update: House pre-vote to hold Holder in contempt passes; Update: House votes to hold Holder in contempt

Rep. Issa: ‘Can’t play liar’s poker’ on Fast and Furious, predicts full House will vote to hold Holder in contempt

Disgraceful: Most transparent administration ever asserts executive privilege over Fast and Furious documents at Holder’s request; Update: Reactions from Congress

Fast and Furious meeting set for Tuesday; Holder warned nothing short of full disclosure will be accepted

Calls for Holder to resign coming in Fast and Furious

Dangerous incompetence: Another hearing, more lying, stonewalling by Attorney General Holder on Fast and Furious; Update: Holder admits being cagey, says he’ll be ‘more honest in different setting.’ Criminy!; Update: Sen. Cornyn to Holder ‘resign’

Your choice, Eric Holder: Comply with Fast and Furious subpoena by Jun. 20 or face contempt citation

House Judiciary Committee holds hearing on Fast and Furious; Holder stonewalls, plays victim, blames Bush; Update: Democrats show their moral bankruptcy, Holder lies about emails, media ignoring

House GOP leaders man up, demand answers from Eric Holder on Fast and Furious and death of Brian Terry; Update: Letter added

Judge denies DOJ’s motion to dismiss subpoena in Fast and Furious case