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Gunrunner: Judge denies Eric Holder’s appeal to keep subpoenaed documents hidden

November 18, 2013

  This is a story which has gone largely unreported but last week a Federal judge ruled that Eric Holder and the Injustice Department must turn over the documents which were subpoenaed by Darrell Issa’s Oversight Committee. These are the same documents over which Eric Holder was held in Contempt of Congress for failing to provide in the first place.

  Eric Holder immediately sought and appeal of this decision but it is now being reported in this story that his appeal has been denied.

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

“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.”

  However, this does not mean that we are going to learn what is in these documents any time soon:

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

  Eric Holder, and the Obama regime, are clearly trying to run out the clock here and it may just work because it could be years before we learn the truth about the gun running scandal which lead to the deaths of Brian Terry and Jamie Zapata. So much for the Obama regime being the most open and honest administration in United States history.

13 Comments leave one →
  1. Brittius's avatar
    November 18, 2013 9:30 pm

    Reblogged this on Brittius.com.

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  2. Conservatives on Fire's avatar
    November 18, 2013 10:05 pm

    I wish this were a criminal case instead of a civil case. We could hang on to the hope that some day we would see justice served. That is not likely to happen in this civil case. You are right, Steve. They are going to run out the clock.

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    • Steve Dennis's avatar
      November 19, 2013 6:28 am

      I am hoping that one day we learn the truth. If we do it will be long after Obama is gone and nothing can be done to him, but these families still deserve to know what happened.

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  3. bunkerville's avatar
    November 18, 2013 10:33 pm

    So far he hadn’t been able to pack the d.c, court. The GOP has stalled his commie picks. Let’s hope they hang on. Slow but sure we might get there.

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    • Steve Dennis's avatar
      November 19, 2013 6:29 am

      He has been trying to pack the DC court but this is one issue the Republicans haven’t caved on, let’s hope they remain strong.

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  4. LD Jackson's avatar
    LD Jackson permalink
    November 19, 2013 7:02 am

    You are probably right. They are trying to run out the clock and they will probably succeed. That the families of these two men will never know what really happened is tragic, but the idea that Obama and Holder may very well get away with what amounts to murder is even more tragic.

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  5. josiahe's avatar
    josiahe permalink
    November 19, 2013 7:46 am

    Not only do the families deserve to know, they deserve justice! Isn’t this the case where Holder claimed “Executive Privilege?

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    • Steve Dennis's avatar
      November 19, 2013 7:52 pm

      Yes, knowing is only part of it. somebody needs to be held criminally responsible. You are correct; when this began to close around Holder he ran to Obama and begged him to use EP to seal the documents and Obama was more than happy to comply.

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  6. Petermc3's avatar
    Petermc3 permalink
    November 19, 2013 1:01 pm

    Justice delayed is justice denied… The OH gang (Obama-Holder) has both bases covered with their ropa dopa of delayed and denied. It will be interesting to see which capitalist corporations make these two commies millionaires once out of office.

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