Todd Gaziano has outlined at the Foundry the legal doctrine of executive privilege that President Obama has asserted in the congressional investigation of Operation Fast and Furious. The most important part of that doctrine to understand is that a President cannot assert executive privilege for the purpose of hiding wrongdoing by Administration officials.

Fast and Furious began in September 2009 and was not shut down until January 2011. It was a reckless law enforcement operation that led to thousands of weapons ending up in the hands of dangerous criminals and major drug cartels. This “felony stupid” operation, as it has been referred to, was not shut down until two weapons that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) had allowed straw buyers to purchase and take across the Mexican border were found at the murder scene of Border Patrol agent Brian Terry on December 14, 2010. This conduct, as testimony from several ATF whistleblowers showed, was against all ATF rules and procedures. The well-known rule at the Department of Justice (DOJ) drummed into all prosecutors is that you never let guns or drugs get away from you in any undercover operation.

Continue reading on