Megan Luckey
July, 17th, 2012****
In September of 2009, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) set into motion an operation controversial to the people of the United States. This operation was known as "Fast and Furious." It allowed U.S. weapons to be given to suspected gun smugglers in order for the guns to be traced back to Mexican drug cartels. The AFT lost track of these weapons, leading to the death of a border patrol agent whom I will not name out of respect.
Two years later, the investigation continues. Currently [note date of article], the Federal Bureau of Investigation (FBI) is offering a reward up to one million dollars for information leading to the arrest of Agent Terry's murderers (U.S Attorney's Office). The indictment of the men charged with the border patrol agent's murder has been unsealed, or released to the public, in the hopes someone will be able to come forward with useful information, potentially leading to the arrest and closure of this two-year long case. The family simply wishes for the documents involving Operation Fast and Furious to be released so whoever approved the operation may be held accountable for their actions.
The controversial issue here is President Obama asserting executive privilege over the documents. Executive Privilege is not a power given to the president by the U.S. constitution (Politics: Executive Branch). My question is what gives the president the right to assert executive privilege? Is this giving the president too much power over the other branches? Should the president have used his executive privilege for this particular operation?
Since the failure of the operation, congressional republicans have been waging an ongoing war with Attorney General Eric Holder for the release of the Fast and Furious documents. Darrell Issa, chair of the House Committee on Oversight and Government Reform [side note: my professor ran against him in the election, how cool is that?], has been the most adamant in demanding the release of the documents. Specifically, Issa wants the documents from the Department of Justice's investigation of operation Fast and Furious. Holder refused to release the documents, leading to the House Committee's vote recommending Holder be held for contempt of court. The president, in response to this and by Holder's request, asserted his executive privilege.
Executive privilege is the presidential right to withhold executive communication documents from the other two branches of government (The Associated Press). Executive privilege is not absolute and can be overruled if the documentation is needed for evidence in a criminal trial. Many presidents have asserted their right to executive privilege over the years various time, though rarely have they been overturned.
Generally, when executive privilege is under question as it is now, the executive branch and legislatures come to a compromise. In this case, I think it is unlikely Holder will be charged with anything. If they do go to court for it, it is possible the deliberative process privilege used by Obama may not hold up. If this happens, documentation on the operation would then be released.
In a case such as this, I think the family of the deceased at least have the right to know who was responsible for the approval of the operation that lead to their loved one's death; additionally, I believe documentation should be released because it may help lead to the arrest of the border patrol agent's murderers. I understand Obama wants to keep anything that could reflect poorly on him quiet during election time, but I am wondering if it is even constitutional for him to withhold such information. With so many people opposed to his decision of executive privilege, I wonder if the president's power is becoming too great.
There is no evidence to suggest the White House had any involvement with the operation; therefore, it is mind-boggling as to why the president would go to such lengths to withhold documentation on it (Politics: Executive Branch). I do not personally believe there is a conspiracy theory here, but I also do not condone the president using his executive privilege in this particular instance. Please note this is the first time President Obama has asserted his executive privilege since taking office.
While the idea behind the operation may have been noble, it has obviously escalated way out of control. Not only did many people die because our government willingly handed thousands of powerful weapons to criminals, it has also turned into a huge political debauchery over who has more power. It is an embarrassment to our government and our country. The documents should just be released, and all parties involved accept the consequences for their actions instead of acting like children. Whatever is contained in those documents is obviously of some degree of importance and I would like to see them put to good use.
The fact the president is deliberately going against the wishes of the citizens of the United States by withholding the records does not bode well for him either. The mere fact he has the power to keep such important documents from us and the branches are currently unable to do anything about it worries me. If the branches of government cannot use their system of checks and balances properly, what are they there for?
Bibliography
Office, U.S. Attorney's. "Phoenix Division." 9 July 2012. The Federal Bureau of Investigation. http://www.fbi.gov/phoenix/press-releases/2012/five-individuals-charged-in-connection-with-death-of-a-customs-and-border-protection-border-patrol-agent-1-million-fbi-reward-announced. 17 July 2012
"Politics: Executive Branch." 20 June 2012. Fox News. http://www.foxnews.com/politics/2012/06/20/what-is-executive-privilege. 17 July 2012.
Press, The Associated. "National News." 10 July 2012. ABC Local. http://abclocal.go.com/kabc/story?section=news/national_world&id=8731223. 17 July 2012
*** If anyone has an update for this story it would be greatly appreciated
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