Bush and Congress Are Heading for Courtroom Clash on 'Executive Privilege'

[marmar]

from Media Consortium, via AlterNet:


Bush and Congress Are Heading for Courtroom Clash on 'Executive Privilege'

By Brian Beutler, Media Consortium. Posted July 21, 2007.



The fight over the attorney scandal escalated when former White House Counsel Harriet Miers failed to show at a House Judiciary hearing which she had been subpoenaed for to give testimony -- and may be heading for the courts.

In the past week, Democratic aides have suggested that Congress and the Bush administration could be heading toward a courtroom showdown over the White House's refusal to honor subpoenas through its claims of "executive privilege."

The fight hit a crescendo last week when former White House Counsel Harriet Miers failed to show at a House Judiciary Committee hearing at which she had been subpoenaed to testify about her involvement in the Justice Department's firing of nine U.S. Attorneys.

Rep. Linda Sanchez (D-CA) chairs the Subcommittee on Commercial and Administrative Law, which is responsible for recommending and issuing subpoenas in Congressional oversight matters. She called the administration's claim of executive privilege, and the absence of his adviser, "out of order." "Those claims are not legally valid," Sanchez said. "Mrs. Miers is required pursuant to the subpoena to be here now." The subcommittee upheld Sanchez' contempt citation in a 7-5 party line vote. For Miers to be officially held in contempt, the full Judiciary committee would have to rule the same way, and then so would a majority of the House in a floor vote.

If the issue goes to court, it would constitute a dramatic shift from Democrats' previously stated position. During a June 28 conference call with liberal bloggers, House Speaker Nancy Pelosi cautioned, "on some of these issues, the courts are not friendly to us because they are all in the family. You know, the Courts, especially in the District of Columbia, if we wanted to challenge them in Court on anything, the decision would not be in our favor."

"Now you see the administration asserting executive privilege," Pelosi added. "So the press asked me this morning, 'Does this mean you're going to hold them in contempt next?' I said 'No, we're going to let the process work out' because you have to build the record." ......(more)

The complete piece is at: http://www.alternet.org/story/57491/

[ixion]

1. 'No, we're going to let the process work'

We are screwed.

[HereSince1628]

2. The courts are in the hands of the R's there is nothing to do but build a record

That response seems to assume that some day there will be an opportunity to bring that record forward.

I hope she realizes that won't be able to happen until some day after the walls of the growing ediface of arrogance that Cheney is building are razed.

I get the feeling that Pelosi expects that Unifying Monolith of Power rooted at the Location that Cannot Be Disclosed to simply stop itself.

[bemildred]

3. "Build the record" by holding these weasels in comtempt.

That IS the process. So is impeachment. I am very disappointed in Nancy P.

[MasonJar]

4. Arrest them and try them yourselves.