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Will executive privilege order play into general election?

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    Impact of Fast and Furious case on Obama's presidential campaign

  • Duration 4:57
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You backlash after President Obama invokes executive privilege in the fast and furious scandal.

Critics say it might cost in the general election just -- years ago then Senator Obama accused President Bush of hiding behind -- privilege.

You know there's been a tendency on the part of this administration's.

Two.

Tried to.

Hide behind executive privilege every time there's something.

A little shaky that's taking place.

And I think the other administration would be best served by coming clean on this.

Right so let's discuss this with our panel for the political angle we have Chris on a former aide to senator Chuck Schumer and Fox News contributor.

And Alice -- former Press Secretary to Michelle Bachmann and the Rick Santorum campaign.

And forth the legal angles we have Jordan secular low with the American Center for Law and Justice thank you -- -- for joining us.

Thank you president share with you we heard then Senator Obama saying bush shouldn't hide behind this privilege he says the American people deserve to know what's going on.

How is this different.

Well you know listen now he's the president he's not a senator she's actually got to govern so that's the first thing that's different but but more importantly.

President Bush hid behind executive prison privilege six times.

And really get it to protect aides who were intentionally attacking a CIA agent in the field.

What's happening here is there a law enforcement operations in -- back there are criminal justice cases that are being brought.

And there are chilling up -- based on attorney squat client privilege and attorney work product that are being protected here it's very very different -- -- -- have -- -- In a general election other that would remind Americans of how the Republicans like to attack attack attack.

Let Chris remember the -- -- Chris we have to remember that President Clinton invoked executive privileged fourteen times so.

But we can't act as though it asserting this privileges as anything new we have to ask ourselves is it proper in this case in this case.

It's not proper the American people deserve to know what happen with agent Terry his family deserves a right to know.

And in terms of how this affects the president.

Look he came into office promising openness and transparency.

And the most open administration will oversee and this is far from it.

This is yet another broken promise on the part of the -- the American people about what happened where -- A legal perspective now you have -- Jordan with us -- Jordan some people say there's a challenge here to whether or not it was proper.

For the president to invoke the privilege under these circumstances how so that.

This -- important part of the left loves talking about.

-- is six uses executive privilege.

And Clinton did fourteen.

Courts don't care they look at each one separately that it is this appropriate so all these numbers meaningless in the court of -- it's just a talking point doesn't matter.

There's two kinds of executive privilege wide.

Is presidential communication privilege that's if you're talking to the president directly that the Nixon -- situation.

A higher bar to overcome not asserted here what's been asserted here it's very general but it should be his generals -- watch you have to still tell people.

What are you trying to get a privilege over what documents.

And it's called deliberative discussion privilege.

So what the problem though for the Department of Justice is it Eric Holder has been testifying.

Since 2011 about this.

And they're asking about.

A letter.

That was distracted ten months later you after February they get that in 2011.

Saying we don't know about gun walking he starts testifying.

And then by December they withdraw the letter R&B.

-- all you have to do to overcome this this bar this privilege bar.

Is show that the information will give you info.

On misconduct so it's not -- -- the bar and they've laid out the misconduct for congress.

So if this were challenged by the Republicans would that challenge succeed in Europe and if you look at the DC Circuit Court of Appeals they have been very -- -- wary -- when Harriet Miers invoked the privilege under the bush administration and rove.

And Bolten the chief of staff so it's it's it's not a -- -- -- issue they just say you know what to do this you've got to be very specific.

It's got to be exactly what's been covered by privilege and right now we're -- -- direct communication with the president on actual policy.

Then they market.

Isn't this something to Jordan Georgia in the -- -- -- -- George's point this only deals executive privilege only deals with communications.

With the president there are reams of documents that attorney general holder.

Communicated with and that is what I think is trying to get that and the problem -- we shouldn't be having this is close steal the election are we wouldn't it slightly -- what are your I handler and I -- What they're going to mention it.

Even though the courts are wearied of courts are also we -- to get involved -- they have rarely overturned it.

So I think what we have here is a political witch hunt we have Darrell ice -- who promised to be an attack dog and he's being an attack dog.

Good boy Darryl why aren't -- We've got to have that house you how free and includes -- us Chris Todd Allen you're Jordan's Second Amendment -- for joining -- -- into the tanks out.

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