Court rules against Holder's attempt to dismiss House Fast and Furious document request

Politico:

A federal judge has rejected Attorney General Eric Holder’s attempt to keep the courts from wading into the “Fast and Furious” documents dispute that led to him being held in contempt by the House last year.

In a ruling Monday night, U.S. District Court Judge Amy Berman Jackson turned down the Justice Department’s request to dismiss a lawsuit brought by the House Oversight and Government Reform Committee after President Barack Obama asserted executive privilege to prevent some records about the administration’s response to the “Operation Fast and Furious” gunrunning scandal from being turned over to Congress.

“This case presents the sort of question that the courts are traditionally called upon to resolve,” Jackson said in her 44-page decision, issued more than five months after lawyers argued the issue in her packed courtroom and more than a year after the House committee filed suit. “Dismissing the case without hearing it would in effect place the court’s finger on the scale, designating the executive as the victor based solely on his untested assertion that the privilege applies,” she wrote.
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The assertion of executive privilege  looks suspect in this case since the administration claims that no one in the White House had anything to do with the program.  They there are the potential criminal issues that arise from the program that would also lead a court to reject claims of privilege that might frustrate the ends of justice.