Justice Department Playing FOIA Games on Fast and Furious

Published on August 15, 2012
Duration: 8:21

This video discusses the Department of Justice's (DOJ) alleged 'FOIA games' concerning the Fast and Furious operation. Judicial Watch, represented by Tom Fitton, details how the DOJ is using executive privilege and delays to withhold documents, hindering congressional oversight and public transparency. The discussion highlights the importance of a Vaughn Index in FOIA litigation to challenge claims of privilege and suggests the DOJ's actions may be aimed at protecting officials like Eric Holder from accountability.

Quick Summary

The Department of Justice (DOJ) is accused of 'FOIA games' in the Fast and Furious scandal, using delays and executive privilege to withhold documents. A Vaughn Index is crucial in FOIA litigation to challenge these claims, as it describes withheld documents, enabling requesters to argue against privilege assertions and seek accountability.

Chapters

  1. 00:00Introduction: Tom Fitton of Judicial Watch
  2. 00:13DOJ FOIA Games on Fast and Furious
  3. 00:34Withholding Documents Under Executive Privilege
  4. 01:02Obama Administration Tactics
  5. 01:23The Vaughn Index Explained
  6. 02:33Key Questions in Fast and Furious Investigation
  7. 03:03Contempt for the People's Right to Know
  8. 03:18Is a Vaughn Index Legally Required?
  9. 04:05Challenging Executive Privilege in Court
  10. 04:39Protecting Eric Holder from Investigation?
  11. 05:11Weakness of Executive Privilege Claims
  12. 05:53Reasons for Administration Reluctance
  13. 06:14Potential Obstruction of Justice Charges
  14. 06:41Need for Swift Correction to Congress
  15. 06:53House Oversight Committee Lawsuit
  16. 07:07Getting the Truth Through Court Processes
  17. 07:50Scandals with Serious Consequences
  18. 08:09Impeachment of the Attorney General

Frequently Asked Questions

What are 'FOIA games' in the context of the Fast and Furious scandal?

FOIA games refer to alleged tactics used by the Department of Justice (DOJ) to delay or obstruct the release of documents requested under the Freedom of Information Act (FOIA). This includes using extended response times and asserting executive privilege to avoid transparency regarding the Fast and Furious operation.

What is a Vaughn Index and why is it important in FOIA litigation?

A Vaughn Index is a detailed list of documents that the government must provide in FOIA litigation. It describes the documents in general terms, allowing requesters to understand what is being withheld and to formulate arguments against claims of executive privilege or other exemptions.

Why is the DOJ's assertion of executive privilege in the Fast and Furious case considered weak?

Experts describe the DOJ's executive privilege claims as 'fraudulent' and 'incredibly weak.' This suggests the claims may not meet legal standards for privilege and are potentially being used as a political shield to protect officials from accountability rather than to safeguard legitimate governmental functions.

What potential legal consequences could DOJ officials face for delaying corrections on Fast and Furious?

Officials who knowingly delayed correcting materially false information provided to Congress about the Fast and Furious operation could face charges such as obstruction of justice or lying to Congress. This highlights the seriousness of withholding or misrepresenting information.

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