Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife

Judicial Watch announced today that it received from the Obama Department of Justice (DOJ) a “Vaughnindex” detailing records about the Operation Fast and Furious scandal. The index was forced out of the Obama administration thanks to JW’s June 2012 Freedom of Information Act (FOIA) request and subsequentSeptember 2012 FOIA lawsuit (Judicial Watch v. Department of Justice (No. 1:12-cv-01510)). A federal court had ordered the production over the objections of the Obama Justice Department.

The document details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal. Notably, the document discloses that emails between Attorney General Holder and his wife Sharon Malone – as well as his mother – are being withheld under an extraordinary claim of executive privilege as well as a dubious claim of deliberative process privilege under the Freedom of Information Act. The “First Lady of the Justice Department” is a physician and not a government employee.

This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal. The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are “subject to the assertion of executive privilege.”

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