Guest Blogged by Joseph Cannon
A long predicted constitutional battle has finally begun. The judiciary committees of both the House and the Senate have subpoenaed administration documents pertinent to the U.S. attorney scandal. In a letter of response, White House counsel Fred Fielding has declined to cooperate, invoking executive privilege.
The judiciary committees have, in a separate action, also subpoenaed documents relating to the warrantless wiretapping controversy. The White House is again expected to invoke executive privilege.
Congressman John Conyers has fired back at the White House attorney…
As Marcy Wheeler points out, the Fielding letter relies on an opinion written by Solicitor General Paul Clement. Clement, however, heads the Office of Special Counsel’s investigation into the Attorney firings.
The result is a classic case of a fox guarding the henhouse:
Moreover, the Clement opinion makes an astonishing admission about the firing of those U.S. Attorneys, the matter underlying those subpoenas. Here’s what Clement wrote:
In other words, Clement buttresses his claim of executive privilege by admitting that which Republicans have long denied — that the White House was involved in the firings and the choice of replacements. Previously, Bush has insisted that “the Justice Department made recommendations, which the White House accepted.”
Republican Congressman Chris Cannon of Utah seems oddly unfamiliar with the admission in Clement’s opinion:
Clement has taken the matter out of speculation. If there was no White House involvement, why invoke executive privilege?
Since Clement obviously cannot both investigate and defend the Bush administration, many now call for a special prosecutor.
Fielding’s response forces the country to confront one key question: What happens when a person, group or branch of government defies a congressional subpoena?
Congress can issue a citation of contempt. However, 2 U.S.C. § 194 states that such a citation must be referred to the U.S. Attorney in Washington D.C. — a position held at this time by Jeffrey Taylor, a close confidant of Alberto Gonzales. Only Taylor can convene a Grand Jury to prosecute the offense.
Thus, the paradox: The underlying issue in this matter involves politicization of the U.S. Attorneys. And yet Congress must now rely on a U.S. Attorney to uphold a citation of contempt against the administration. Many believe that Taylor is a product of the politicization which is at the heart of this matter.
White House refusal to honor subpoenas may constitute grounds for impeachment of both Bush and Cheney. In 1970, Gerald Ford (then a House member from Michigan) said that “An impeachable offense is whatever the majority of the House of Representatives considers it to be at any given moment in its history.†Only the impeachment route would bypass the need to rely on Bush/Cheney loyalists such as Taylor and Clement.
3431…# of Dead Soldiers in Iraq since “Mission Accomplished”
IMPEACH!!!
shw
Impeach.
And there is no time to lose.
This Fascist Cabal of Bu$$hCo becomes more and more dangerous to America and the world as the clock ticks down to the Constitutionally stipulated end to this pResidency in DICTATORSHIP.
Expect something desperate and rash from these world class bullies as we reclaim the reins of power to our government, dethrone the boy king, and marginalize the Nazi Neo-Con Zionists.
They should be arrested, tried for high crimes, treason, and war crimes. Then shot dead by military firing squad.
It would be a long-long time before any politico would even consider trampling democracy again to the extent that these fascist did. Suffer the consequences if you dismantle and defile democracy – all done via a shadow government that only seeks to hijack the treasury for the enrichment of the selected few.
Shame on these greedy self centered fascist corporatists, they project the very worst of what America has to offer the world community. Can you believe what despicable things they have done in our name ?
The nation is degenerating like it did before the civil war.
Even judges who were sane not long ago are shocking other nations by their orweillan statements:
(The Australian). That judge was once said to have “liberal” views.
So now we know why Gonzales is there and we know why the camouflaged political hacks are in key US Attorney positions calling themselves US Attorneys.
They are there to promote and cover up political pornography … the decay of the Department of
JusticeJust Us into the political whip of the republican fascists.Now we know why Ted Kennedy was on the terrorism watch. Now we know why they have been so brazen.
They think they have all the bases covered.
And the neoCons are giggling behind closed doors … because they also think they have the next elections “fixed” now.
And the anti electronic election machine folks think they have it “fixed” too … as they argue amongst themselves in divided cacaphony … but “fixed” does not mean the same thing to the dark lords as it does to the bickering activists.
All seems to have been Stalin “fixed”.
Make that 3438. Yep …democracy really stopped working for them. Thank You, W.
TO ANY REPUBLICAN WITH A SHRED OF DECENCY LEFT
GET IN THE IMPEACHMENT LIFE BOAT…YOUR SHIP IS SINKING!
Impeachment off the table? Says who? Don’t speak for me; this Constitution belongs to the VOTERS in this republic and Congress works for us, as should the President and Vice President. We have spoken and we command our representatives to use their Constitutional authority and impeach these criminals and restore our government – for the People and by the People. Off the table? If not for these guys now, then for whom and when?
We all got the idea that our government was really an ideal one. But now that I’ve grown up, it’s cleat that no government can be relied on to solve problems. Sure, some of them solve some problems from time to time. But as a general rule, no matter who is in power, they will only end up serving themselves. There are exceptions, but they are exceptions. The general rule is what matters from day to day. I used to love the idea of our government, until I found out what they are doing.