Farrell said that President Obama has personalized this by bringing it into the White House through his claim of executive privilege. He says the only way to resolve this is to bring it before a judge through a lawsuit. He says that Judicial Watch is using the courts to force the issue.
From Judicial Watch's press release:
(Washington, DC) – Judicial Watch announced it filed a Freedom of Information Act (FOIA) lawsuit (Judicial Watch, Inc. v. U.S. Department of Justice (No. 1:12-cv-01510)) against the Obama Department of Justice (DOJ) seeking access to Operation Fast and Furious records withheld from Congress by President Obama under executive privilege on June 20, 2012. Judicial Watch seeks the following records pursuant to a June 22, 2012, FOIA request filed with the Office of Information Policy (OIP), a component of the DOJ:
All records subject to the claim of executive privilege invoked by President Barack Obama on or about June 20, 2012, as referenced in the letter of Deputy Attorney General James M. Cole to the Honorable Darrell E. Issa, Chairman, Committee on Oversight and Government Reform of the U.S. House of Representatives, dated June 20, 2012. More specifically, the records requested herein are those records described by Deputy Attorney General Cole in his June 20, 2012 letter as “the relevant post-February, 2011, documents” over which “the President has asserted executive privilege.”
The lawsuit was filed yesterday, on September 12, 2012.
On August 6, 2012, OIP informed Judicial Watch that the Offices of the Attorney General and Deputy Attorney General had determined that the documents responsive to Judicial Watch’s FOIA request should be withheld in full pursuant to FOIA Exemption 5 which protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” Judicial Watch appealed the determination. By law, a response was due September 11, 2012. However, as of the date of Judicial Watch’s lawsuit, the DOJ had failed to respond.