John Yoo: The Ultra-Secret Obama White House Ignores Our Constitution (Again)

As the Obama administration runs out the clock on its second term, it seeks to hide ever more of its policies from public scrutiny. One of the most extreme examples is the White House’s attempt to invoke presidential privilege, which is reserved for the most important national security, military, and diplomatic affairs, to conceal documents about housing. Yes, housing.

However, U.S. Court of Federal Claims Judge Margaret Sweeney, once again, has affirmed that our Constitution presumes people should have access to the information needed to secure justice and only in the most narrow circumstances can the government deny access to that information.

In an opinion made public this week, she rejected in its entirety the government’s argument for not allowing access by Fairholme Funds’ lawyers to nearly 60 documents relating to the Net Worth Sweep of Fannie Mae and Freddie Mac’s profits.

In the 80-page opinion, she took apart every claim of privilege the government asserts. With her decision, investors’ lawyers will have a chance to look at the emails, briefing documents, forecasts and other communication they believe go the heart of their claim that the Sweep was an unconstitutional taking of property. In addition, Judge Sweeney was so unconvinced of the need for secrecy that she also ordered the government to explain why it should not have to pay Fairholme’s legal fees incurred when filing this motion.

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http://www.foxnews.com/opinion/2016/10/04/john-yoo-ultra-secret-obama-white-house-ignores-our-constitution-again.html