Issa: House will ‘Vigorously Oppose’ New DOJ Motion to Stay Judge’s Operation Fast and Furious Order

Will also oppose DOJ threat to pursue ‘piecemeal appeals’ if stay not granted

House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., issued the following statement in response to yesterday’s Department of Justice’s motion requesting that United States District Judge Amy Berman Jackson stay her order requiring the Department to turn over non-privileged documents and to submit a privilege log as to any documents it continues to withhold relating to Operation Fast and Furious. The Department’s motion also threatens to pursue delaying “piecemeal appeals” if its request is not granted.

“Even after a judge issues an order, this Administration continues to pursue a strategy of delay and obstruction against Constitutionally mandated oversight and the principle of transparency,” said Chairman Issa.  “Reckless conduct in a Justice Department operation contributed to the deaths of a Border Patrol agent and countless Mexican citizens, but this Administration continues to fight making a full account of what it knew and when it knew it – not to mention why and how it came to make false statements to Congress about its conduct.  The House of Representatives will vigorously oppose this new effort by the Justice Department to stay a judge’s order and its threat to delay the proceeding with piecemeal appeals if the request is not granted.”

In its motion to stay the order, the Justice Department argued that the judge’s order is “an injunctive order that would permit an immediate appeal as of right. The Court should stay its Order requiring the disclosure of records during the pendency of this case to avoid the possibility of piecemeal appeals to the D.C. Circuit, and to allow for the orderly and efficient resolution of the issues that remain before this Court.”

Under the judge’s order of August 20, 2014, the Department of Justice must produce non-privileged documents and a detailed list of any documents it continues to withhold by October 1st.  The Oversight Committee then would have an opportunity by October 17 to identify from the Department’s log the still-withheld documents, if any, the production of which it requires.

Click here to read the Justice Department’s 9/2 Motion for a Partial Stay of Judge’s order.

Click herefor the Department’s Memorandum of Points and Authorities.