BREAKING: Judicial Watch Obtains List of Fast and Furious Documents Held Under Obama's Executive Privilege

Late last night the Department of Justice complied with a court order and turned over a list to government watchdog Judicial Watch , known as a Vaughn Index, of Fast and Furious documents being held from Congress and the American people under President Obama's assertion of executive privilege. Not surprisingly, DOJ failed to fully comply with the requirements of providing a Vaughn Index. 

The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. The Vaughn index arguably fails to provide all of this required information but does provide plenty of interesting information for a public kept in the dark for years about the Fast and Furious scandal.

Regardless, the list of documents shows Obama asserted executive privilege to protect Attorney General Eric Holder's wife and to protect information showing Holder helped to craft talking points during the fallout of the scandal. What a preliminary review of Vaughn Index by Judicial Watch shows:
Numerous emails that detail Attorney General Holder’s direct involvement in crafting talking points, the timing of public disclosures, and handling Congressional inquiries in the Fast and Furious matter.

President Obama has asserted executive privilege over nearly 20 email communications between Holder and his spouse Sharon Malone. The administration also claims that the records are also subject to withholding under the “deliberative process” exemption. This exemption ordinarily exempts from public disclosure records that could chill internal government deliberations.

Numerous entries detail DOJ’s communications (including those of Eric Holder) concerning the White House about Fast and Furious.

The scandal required the attention of virtually every top official of the DOJ and the Bureau of Alcohol, Tobacco and Firearms (ATF). Communications to and from the United States Ambassador to Mexico about the Fast and Furious matter are also described.

Many of the records are already publicly available such as letters from Congress, press clips, and typical agency communications. Ordinarily, these records would, in whole or part, be subject to disclosure under the Freedom of Information Act. Few of the records seem to even implicate presidential decision-making and advice that might be subject to President Obama’s broad and unprecedented executive privilege claim.

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