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House committee sues Holder for Fast and Furious docs

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    Judge Napolitano weighs in on case

  • Duration 3:14
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-- what's new in the operation fast and furious investigation has been a month and a half since the house voted to hold attorney general -- -- In contempt of congress and still he hasn't turned over -- documents.

That that house oversight committee.

But like to see now the committee is suing Holdren asking that a federal judge -- validate the president's assertion of executive privilege.

Executive privilege was simply a tactic in the final hours as we were voting.

Contempt there was never any question that that they're trying to create this new deliberative privilege.

But let's understand something Greta and I think this is the important thing we all understand.

They lied to congress.

They then covered it up for ten months and that's what they're claiming privilege.

That's kinda nice on the record judge and in -- pot condos at fox look at Fox News senior judicial analyst said guys does this come down to just -- judge's decision.

Well it it will come down to one judge's decision and whichever side loses will appeal it now go to a panel of three in the middle appealed to the Supreme Court.

Basically once the house held Eric Holder in contempt -- sent them the contempt citation and -- cough up the documents he refused.

It then went to the federal prosecutor of the US attorney for the District of Columbia and said.

Indict him for criminal contempt and he refused to be indicting his boss so it's only alternative now.

Is to bring a federal district court judge and so they filed this lawsuit against Eric Holder.

As the attorney general of the United States and in the -- they -- a federal judge.

To invalidate the invocation of executive privilege and to look at the documents himself in private.

And decide which one's the house is entitled to receive and which ones should be -- -- you mentioned you expect this to go as high as -- Supreme Court.

I said like in in the context of that asked you a little bit about the timeline when does this first judge have to make a ruling -- After Election Day and that's probably what's most key here because that'll remove the politics from it.

However the complainants inmates that -- governor Romney is elected president.

The House of Representatives -- -- still stays in control the Republicans.

We'll go to the new US attorney for the District of Columbia the one that a president Romney would appoint.

And they we'll ask that per -- to seek the indictment of Eric Holder for at that point our problem no longer be the attorney general.

It's -- is specific to the individual.

It's specific to the office of attorney general.

To hand over these documents yes meaning these documents could fall into the hands of -- Republican attorney general in six months.

Who would presumably.

Share them with Republicans and house of represented why it takes so long -- -- -- -- a couple months why are why aren't always one of the reasons -- -- take so long -- this this case has to get online with other cases assigned in the same judge.

But -- the real reason all take so long.

Is there a 75000.

Documents.

Many of which are more than one page and a federal district judge not to sit in a windowless room and look.

-- each welcome line judges aren't that busy right now and not and then the not a a lot of free time on your hand I don't really add anything -- -- judge thank you so much we always knew that follow this case is always bit by bit and step by step John.

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