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Can Obama have it both ways on Fast & Furious?

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    Rep. Issa challenges president's executive privilege claim

  • Duration 5:30
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There are new developments in the fast and furious showdown in Washington and the White House in fact responding to a letter that was written by congressman Darrell ice.

I -- slamming president Obama's decision to assert executive privilege in the first place over documents that were linked to the botched gun running staying.

Here's what -- -- -- just a portion unfortunately.

Your assertion written to the president of executive privilege raises more questions than it answers.

A White House spokesman says quote your position is consistent with the executive branch legal precedent.

For the past three decades spawning are spanning rather administrations of both parties.

Let's take a look at this would Bob -- -- Had -- campaign manager Andrea attend -- daily news columnist both co hosts of the five.

We never miss it guys great to see him -- gives me here Bob.

Can the president have it both ways say that the White House had nothing to do with the fast and furious.

Programming.

At the same time exert executive privilege over documents that delta -- is as Jay Carney had said the operation yet -- -- law.

President's executive privilege it says the entire executive branch of government doesn't matter whether it's the White House is just -- -- now.

But -- IC is playing politics here in election year the guys -- -- everything he's not want to compromise.

This is a guy that frankly has been.

If I don't she's never seen the chairman of of that the government operations committee is being quite as politicos this guy's -- But then again he does a lot about law because he was brought four grand jury for stolen -- -- assuming he knows could do about it.

But Andrea let me ask you because Bob mentions a compromise Eric Holder says that he met with -- say he offered up but he offered.

All that 7000 documents turned over -- 130000.

Pages folks I think everyone should know that.

And he said if I give you a few more pages then you gotta drop the investigation you gotta drop the contempt ruling.

Is that.

-- compromise.

At this compilation that I so want what he hears the most troubling thing about that Jamie if he said he would make it documents available as long as I sat.

Canceled -- contempt -- and some other stipulations but in the letter that holder -- wrote to the president asking him to use executive privilege to protect these documents.

He said the consequences could be quote.

Damaging.

If they were to be released so I'm wondering if these documents -- so damaging that he needed the president's executive privilege.

Why.

Is he hiding them what are in those documents.

I will say -- though in fairness the president does have a right to exert executive privilege in the deliberative process -- in the Nixon ruling.

It said that it doesn't have to include the president -- advisors.

It could include a decision that eventually will affect the president recommendations deliberations that kind of thing.

So Obama doesn't how to -- Nickelodeon and -- we should Howard.

Than other perhaps she's in her.

Absolutely not looked every president in modern times exerted executive privilege in fact Obama's less than most other people think bush did his sixth -- -- that nine times.

One down the list is the first time he's exerted at the fact is that congress has got no right to internal negotiation within the executive branch they are separate.

An equal branch of government.

Every president every congress asked for a lot more than they know they're going to get.

It's like over reaching -- you know anybody you put your gas for the world and you gonna end up with you know seven or 8000 backwards that is plenty of.

I think part of that -- -- and then within that.

Go ahead Andrea part of that is actually true congress can ask for those documents.

And also I would point out executive privilege yet it has been used by many Providence president's that this is rare to invoke the deliberative.

Privilege which again means just discussions that could have taken place outside the White House that eventually have some.

Influence on a presidential decision that.

Is that is sort of burning and more I -- -- -- has -- right to those kind of discussions they have no right to that anymore the executives are right to know with the congress talked to each other that they.

Injuries they they absolutely do this is an issue that we're talking about right now of course they do anti -- and the courts.

Will eventually have to figure this one out because unfortunately for -- by the time we get answers on this thing.

It could be years or even my energy is there any risk for -- said the party.

Pushing for answers I mean even that -- family wants to know.

Yeah I think that -- that has done a tremendous job I think that we have a right to know this is they slain border agent not a blue dress.

But politically speaking -- I do think there are -- an election year when the number one issue with the economy.

Ten make this.

The number one issue yesterday she -- a virus before it.

But I have a feeling President Obama will eventually come out and say I'm focused on the economy I've got some jobs bills Republicans are just distracted and they could overreach.

That's the more than more than I should these guys -- investor -- -- the country could care less about it and the economy does get on the front page it's helped us so let's keep this fight go over well if you -- I sit right I don't even -- Well it's complicated and also Jamie the voters that would votes for Obama and -- I -- the Second Amendment voters are gonna vote for him anyway that's exactly right got to leave it there but -- -- you -- a great piece on this as well so thanks so much both of you for -- -- and you're welcome thank you are.

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