General Discussion
In reply to the discussion: you all DO realize that if Holder resigns or is fired... [View all]AnotherMcIntosh
(11,064 posts)Holder and the Administration have invoked executive privilege?
Why would they need to invoke executive privilege if they had a factual basis for claiming that all of the subpoenaed documents which have not been turned over are transcripts of Grand Jury proceedings?
Although you mentioned that a number of members of the committee have asserted that the committee is seeking to subpoenaed Grand Jury testimony, I have no information that they have claimed that the committee, if true, is only seeking to subpoenaed Grand Jury testimony. In addition, I have no information that Holder and the Administration have claimed that the committee is seeking or only seeking subpoenaed Grand Jury testimony.
Although you did not provide a citation or reference in support of a position that an attorney for the Federal government is generally prohibited from disclosing a matter occurring before the grand jury, the authority for that position can be found in Rule 6(e)(2)(b)(vi) of the Federal Rules of Criminal Procedure in Title 18 of the U.S. Code. Even when that general Rule is applicable, there are exceptions to it.
In contrast to some committee members, Holder and the Administration apparently have not relied upon Rule 6 but have relied upon executive privilege. Those committee members, even if Democrats, do not get to choose the ground or grounds upon which Holder and the Administration can rely upon when refusing to comply with a subpoena.
You asked for an apology on behalf of scheming daemons. I would certainly consider apologizing to them if I ever insulted them by claiming or implying that they were not paying attention. I have not done that. But you have. Please, let's see your apology.