Showing posts with label executive privilege. Show all posts
Showing posts with label executive privilege. Show all posts

Wednesday, July 25, 2007

You're in contempt!

Okay. Well it wasn't quite as dramatic as it is in a Hollywood movie but the house judiciary did its job today (the Democrats, anyway) and voted to issue contempt citations to Josh Bolten and Harriet Miers (who seems to be hiding in one of Cheney's underground bunkers).

The vote represents the first overt step towards finding Bolten and Miers in criminal contempt of Congress. Next would come a vote of the entire House, followed by a referral to the U.S. attorney for the District of Columbia.

But the Bush administration has made clear it intends to block prosecution of any contempt charges, arguing that a presidentially-appointed U.S. attorney cannot legally be forced by Congress to flout the president's determination that the materials and testimony sought are protected by executive privilege.

Republicans on the panel argued strongly today against issuing contempt citations, and Democrats shot down two proposed GOP amendments before voting for the contempt findings.

"I believe this is an unnecessary provocation of a constitutional crisis," said Rep. F. James Sensenbrenner Jr. (R-Wis.). "Absent showing that a crime was committed in this process, I think the White House is going to win an argument in court."

It's about time someone in DC realized there's a constitutional crisis going on and actually did something about it, especially since Bush thinks the constitution is "just a goddamned piece of paper".

Contempt of Congress is a federal misdemeanor, punishable by as much as one year in prison and a $100,000 fine.

Bring it on.
 

Thursday, June 28, 2007

The White House Flip Flops on Cheney's Role

Well that was quick.

All hat, no cattle:

WASHINGTON, June 27 — The White House has dropped the argument that Vice President Dick Cheney’s dual role as president of the Senate meant that he could deny access to national archivists who oversee the handling of classified data in the executive branch.

Mr. Cheney’s office had said that his dual role meant that he was technically not part of the executive branch.

In interviews over the last two days, officials have said that while the vice president does, in fact, have the right of refusal, it is for the very opposite reason: He is not required to cooperate with National Archives officials seeking the data because he is a member of the executive branch, with power vested in him by the president.

Cheney was against his power before he was for it.

They think they're pretty darn sly over there at the WH:

In an interview, a White House spokesman, Tony Fratto, said the executive order explicitly placed Mr. Cheney on equal footing with the president, who was the issuer and enforcer of the order, regardless of any other constitutional questions.

Speaking of the oversight office’s approaches to the vice president’s office, Mr. Fratto said, “It’s not appropriate for a subordinate office like that to investigate or require reporting from the enforcer of the executive order.”

A White House official placed further distance from the dual role argument by adding that Mr. Cheney did not necessarily agree with it.

Riiight. And there really is a tooth fairy.

And meanwhile, speaking of executive privilege:

WASHINGTON - President Bush, moving toward a constitutional showdown with Congress, asserted executive privilege Thursday and rejected lawmakers' demands for documents that could shed light on the firings of federal prosecutors.

Bush's attorney told Congress the White House would not turn over subpoenaed documents for former presidential counsel Harriet Miers and former political director Sara Taylor. Congressional panels want the documents for their investigations of Attorney General Alberto Gonzales' stewardship of the Justice Department.

After all, they tried so hard to be cooperative - in their own minds, anyway:

"With respect, it is with much regret that we are forced down this unfortunate path which we sought to avoid by finding grounds for mutual accommodation," White House counsel Fred Fielding said in a letter to the chairmen of the Senate and House Judiciary Committees. "We had hoped this matter could conclude with your committees receiving information in lieu of having to invoke executive privilege. Instead, we are at this conclusion."

"Unfortunate". That seesm to be this week's buzzword.

So, what's next?

Thursday was the deadline for surrendering the documents. The White House also made clear that Miers and Taylor would not testify next month, as directed by the subpoenas, which were issued June 13. The stalemate could end up with House and Senate contempt citations and a battle in federal court over separation of powers.

I'll tell you what: change that "could" to "should" and just get on with it already.