Prosecutor: Attempt to use Executive Privilege in contempt action would be 'grounds for impeachment'

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Former Federal Prosecutor: 'Bush Admin Asking to Be Impeached

Elizabeth De La Vega Says Attempt to use Executive Privilege to Stymie Contempt Proceedings by U.S. Attorney Would Be 'Grounds for Impeachment'


Blogged by Brad Friedman from the road in Houston: http://www.bradblog.com/?p=4852

{snip}

While discussing the extraordinary claim reported Friday from an anonymous senior administration official in the Washington Post, charging that George W. Bush has the power to order his Dept. of Justice to not pursue criminal contempt charges as brought by the House against his own administration, former Asst. U.S. Attorney Elizabeth de la Vega made a rather notable point of her own.

Calling it "shocking" and noting that the claim was made only by an anonymous source --- not actually announced as official policy by Bush --- de la Vega, the author of United States V. George W. Bush et al., (said) that, should such an extraordinary legal argument be made as official policy, that action in and of itself would be an impeachable offense as she sees it.

"I really think, it's almost as if the Bush administration is asking to be impeached," she said. "It is not true that the President can instruct the Department of Justice not to charge his own people. Especially when he's implicated in this as well."

In reference to the administration's claims of Executive Privilege to block the Congressional subpoenas for testimony and documents from former Bush attorney Harriet Miers and current Chief of Staff Joshua Bolten, de la Vega advised Congress to ignore the claims made by the unnamed official and proceed with contempt charges.

If Bush should make that legal argument officially, that in itself would be grounds for impeachment, according to the former federal prosecutor...

"They should just proceed and completely ignore what the President has said right now --- because he actually hasn't said it in any formal way, in fact, no one has even ascribed a name to the person who is saying it."

"They should proceed. Find these two in contempt and refer the matter to the D.C. U.S. Attorney. At that point, if the President says to the U.S. Attorney in a formal way, 'You can't proceed' that is a grounds for impeachment."

more: http://www.bradblog.com/?p=4852

[napi21]

1. Absolutely RIGHT! n/t

[malaise]

2. Just Do It

IMPEACH!

[pokercat999]

3. I'm so tired of this BS, we already have 10's of reasons

to impeach this whole admin but it's JUST NOT GOING TO HAPPEN! Don't you get it. The Dems are in on it too, they're part of the con that is our government.

What is it going to take for us stupid Americans to realize this govt is broken beyond repair and the only solution is to replace with another form of govt.

[mwb970]

4. That's what we're worried about.

the only solution is to replace with another form of govt.

This is what Bush and Cheney are doing right now. This is why they need to be impeached and removed. Right now.

[BrainGlutton]

18. Another FORM of government?!

What form did you have in mind?

[pokercat999]

20. How about democracy.......naw that won't work

:sarcasm:

[Wiley50]

5. OK, I feel myself summoning up hope one more time

I didn't think I had any left inside me

I guess if congress gets up on their hind legs
and Nancy still won't set the table
maybe they'll vote her our of the speaker position
and put in someone maybe who'll play ball

Well, I can hope, can't I?

[ayeshahaqqiqa]

11. John Conyers has said

if he gets 3 more congresscritters on board, HE'S leading the charge on impeachment, ignoring Pelosi. I figure it may happen tomorrow.

[in_cog_ni_to]

6. OKAY! Add THAT to long list of other IMPEACHABLE offenses! When are the Democrats going to ACT and

IMPEACH??!@#$%^&^%$#@ Sheesh. How many more crimes have to be committed before they reach their "Impeachable" threshold?

This really has become RIDICULOUS! The Democrats are letting those criminals walk all over them and they are looking like a bunch of FOOLS now.

[bigtree]

7. "de la Vega advised Congress to ignore the claims (EP) . . . and proceed with contempt charges."

It looks like those "fools" will be following through on the contempt citations they promised . . .


Pelosi: Judiciary Committee will bring contempt of Congress charges against administration THIS WEEK
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1400534&mesg_id=1400534

[connecticut yankee]

34. They're a bunch

of spineless wimps!

Even public opinion polls don't seem to sway them.

Does Bushco have the goods on all of them?

[rodeodance]

8. De La Vega has been doing lots of good work on many important

issues over the past few years (maybe more)-and is finally starting to get some recognition.

[DeSwiss]

9. I think I've seen something like this before....

The "Saturday Night Massacre" (October 20, 1973) was the term given by political commentators to U.S. President Richard Nixon's executive dismissal of independent special prosecutor Archibald Cox, and the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus during the Watergate scandal.

Cox had been appointed by Richardson in May of that year, after having given assurances to the Senate Judiciary Committee that he would appoint an independent counsel to investigate the events surrounding the Watergate break-in of June 17, 1972. Cox subsequently issued a subpoena to President Nixon, asking for copies of taped conversations recorded in the Oval Office and authorized by Nixon as evidence. The president initially refused to comply with the subpoena, but on October 19, 1973, he offered what was later known as the Stennis Compromise—asking U.S. Senator John C. Stennis to review and summarize the tapes for the special prosecutor's office.

Cox refused the compromise that same evening, and it was believed that there would be a short rest in the legal maneuvering while government offices were closed for the weekend. However, President Nixon acted to dismiss Cox from his office the next night – a Saturday. He contacted Attorney General Richardson and ordered him to fire the special prosecutor. Richardson refused, and instead resigned in protest. Nixon then ordered Deputy Attorney General Ruckelshaus to fire Cox; he also refused and resigned in protest.

http://en.wikipedia.org/wiki/Saturday_Night_Massacre

If the Attorney General refuses to comply to the will of Congress in enforcing a subpoena, they would themselves be in violation of their Constitutional duties to whom they swear their allegiance. Not to Bush. Congress can dance all they want, but there is only one solution:

IMPEACH!!!



on edit: K&R!!!

[ayeshahaqqiqa]

12. Your button--

I agree with everything you said--you said it well---but the button--that button!!!! Icing on the cake! :rofl:

[ayeshahaqqiqa]

10. Tomorrow should be VERRRYYYY interesting

Conyers is going to cite Inherent Contempt against Meiers and maybe Bolton, and send the Sergeant at Arms to get them. At the same time, I think he may start the impeachment investigation, just on the grounds stated in the OP.

[DeSwiss]

13. By Monday, July 23, 2007, 10:00AM he said....

...and I waiting with baited breath. Conyers is going to leave Pelosi in the dust on this.

Which is probably a good thing since if we follow this course to its logical conclusion, we should be calling her Madam President! :D

[sellitman]

22. The joy here on DU would probably make my monitor smoke.

And that is a problem because this is a iMac

lol

[Recursion]

14. We all need to get over the idea that the House leaders are just waiting for the "right" trigger...

...day after day I keep seeing DU or Truthout or Huffington Post pieces saying "I've figured it out! We've got the bastard now! This is what they need to impeach on!"

The fact is the leadership has said pretty clearly they think impeachment would do more damage than it would solve, and what they want is to as much as possible cripple Bush politically without exposing the party to the risks of an impeachment trial.

I'm not saying they're right or that I agree, just that that is where we are, pretty much.

[Canuckistanian]

15. Simply refer the matter to the DC U.S. Attorney?

It's that easy?

Well, then, let's get to it!

[Prisoner_Number_Six]

16. Then it's a good thing he has Pelosi in his pocket.

No problem since impeachment is off the table.

[flyarm]

17. add to that...

pissing on the geneva conventions

an illegal war we were lied ..not mislead..but lied into!

the murder of innocent human beings all based on lies..filthy fucking lies!

allowing the deaths of Americans..our own..innocent Americans by malfeasance in the disaster of Katrina

spying on Americans illegally

pissing on congress by this administration by ignoring and ordering the ignoring of subpoena's

pissing and shredding of our constitution!

war crimes of the worst order!

the destruction of habeas corpus

the deliberate destruction of our judicial system

the outting of a CIA NOC agent and no one held accountable..

noooo congress... censure is a fucking joke...

we the people want accountability..

impeach or get out of our congress!!

we the people want our country back..and if this or any other congress will not hold these people accountable, as prescribed in our constitution ..then they need to leave..to get the fuck out of our way!!

impeach or get out of congress!

with a 14% approval rating..who the fuck are they representing?????????????

not me that is for sure!

fly

[OnyxCollie]

25. Don't forget violating the Nuclear Non-Proliferation Treaty.

But hey, we got mangoes.

[Mnemosyne]

33. And they pissed on the UN Charter and Nuremberg. n/t

[Supersedeas]

19. when will the American Bar Association wake the hell up???

[Beetwasher]

21. Didn't Bush ALREADY Do This???

Isn't there a letter already where they are directing the DOJ to NOT prosecute? Didn't that happen this week? Or was that a letter to Congress claiming they WOULD direct DOJ not to prosecute?

[KC21304]

23. I don't think this means much.

Bush does not have to tell the U.S. attorney he can't proceed. Bush/Cheney have people to see that their wishes are carried out without any words being spoken or paper trails.

[pacalo]

24. That's the way I see them operating, too.

I suspect they'll find a bought & paid for D.C. attorney. On the other hand, we were worried about Judge Walton before the Libby trial, too.

[HughMoran]

27. I don't think you understand

The US attorney is obligated to pursue this matter - ONLY the President could order him not to pursue this - but that would require that he be impeached. I don't see any other way this can play out - either it is pursued by the US attorney, or we have a constitutional crisis as Bush will be on the hook though implication.

[in_cog_ni_to]

28. Since the psycho has already said the USA will NOT prosecute Miers because of EP, he's either going

have to put up or shut up, at this point. If he sticks to his guns, we have our "IMPEACHABLE OFFENSE." Maybe that's the plan...The more I think about this, it's a win-win for the Dems. If the psycho still insists the USA will NOT pursue the Miers contempt case, he's screwed...IMPEACHED. If he decides to let the case go forward, the USA and GONZO will do nothing which opens the door for Inherent Contempt for Miers and possible Impeachment of Gonzo. By then, Miers should be ready to spill the beans.

[HughMoran]

26. This could get very hairy

I am a little concerned about our democracy - I hope Bush does the honorable thing. That's what worries me though - has he ever done what's in the best interest of the country (the honorable thing)?

[in_cog_ni_to]

29. He will NOT do the honorable thing. He doesn't know the meaning of the word.

:( Just watch. They WANT a Constitutional showdown.

[Nunyabiz]

36. I will tell you what he will do

Well what "Cheney" and the Neofascist cabal will do, they will attack this country again in another false flag attack and blame it on Iran. Then start Marshall Law and finish the coup d'état they started in 2000.

At that point it will be up to We the People to stand up and stop the bald faced lies that WILL be told by the Mainstream media especially Faux Noise.

[in_cog_ni_to]

38. Indeed! That's my theory too! He's being belligerent toward Congress, thwarting laws, writing

hundreds of signing statements, signing HORRENDOUS, DANGEROUS, Hitler-ish Executive Orders, using extraordinary rendition, ordering tortures at Abu Ghraib, and defying THE WILL OF THE PEOPLE as far as getting us out of Iraq. He has NO INTENTION of ever leaving office. In order to stay in power, he needs another MIHOP. That will occur right before the '08 election. THEN, he will declare Martial Law, take over all federal agencies (Directive 51...Google it. Jerome Corsi, JK Swiftboater, wrote a great article about it, of all the people :eyes:) and his coup is complete.

[Major Hogwash]

30. "Pardon me," said Scooter, as Alice filled up his cup, "but I didn't need executive privilege."

"And why is that?" asked Alice, looking at Scooter's cup.
"Well, you see there's a guy in the White House who will tell his lawyers not to enforce the subpeonas," said Scooter, as he sipped slowly from his cup.
"But, that would mean that the President would be acting like a King!" exclaimed Alice.
"Acting is okay, as long as Dick gets to play the part of Queen," said Scooter, sipping deeply from his cup.
Alice paused and wondered, and then she wondered some more.
And then she thought that she had thought of something that she had not thought of before.
"I know, we can impeach him," she said full of glee.
Scooter frowned and shook his head, "No, it will never be."
"And why not?" wondered Alice aloud.
Scooter whispered so softly, "Because the impeachment would draw a crowd."
Alice was dismayed and she began to pout.

Scooter asked for more tea and then, most politely, he asked for a cookie.
"Sorry, we're all out of cookies. The hare ate them all," said Alice with a pouting face.
Scooter sat down and said, "A hare? You let a hare into your place?"
"Well, of course, silly, who do you think filled up the tea pot?" Alice said smugly.
Scooter sipped the last drop in his cup with a loud slurp, and said "I don't know any hares very well."
"Well, hares are not known to be well-known, you know," stated Alice, reassured as she could be.
"And why is that?" asked Scooter quizzingly.
"Because they're famous for making hare pee tea," Alice said, now her hands upon her hips.
Scooter stammered, "I had no idea, why didn't you tell me the hare filled up the pot?"
"Pardon me," said Alice, "but you didn't ask me what was in the pot before I poured your cup."
"Oh, that's alright," said Scooter licking his lips, now thinking of a cookie.
"Maybe now you can tell me about inherent contempt of Congress," Alice said with her forehead furrowed.
"Oh, that. I'm not sure, but I think it is when Congress begins to pout," said Scooter, lifting the lid of the tea pot and looking into it.
Alice was surprised as she could be.

She thought that she was the only one who ever pouted.
"Hmmmm," she wondered aloud, "Maybe I can pout with them."
Scooter looked around the room for more tea pots that the hare may have filled and said, "Nah, it's sort of their thing to do alone in a dark room with all the lights off."
Alice looked at Scooter and said, "That sounds sort of scary."
"Nah, not really, they have cots, and night lights, and such," Scooter said dismissingly, looking at Alice's cup. "It's not really scary at all. Are you going to drink your tea?"
"Of course not, silly, it's not really tea at all," Alice said, grinning from ear to ear.
"Then, may I please have your cup?" asked Scooter sheepishly.
"Sure, as soon as you tell me about these subpeonas," said Alice, picking up the saucer that held her cup.
Scooter grimaced and said, "Well, they are papers that ask the people in the White House to appear in front of their Congressional subcommittees in order to testify. Now, may I have your tea?"
"Yes, most gladly, good sir, and enjoy it all you can. There must be subpoenas somewhere, stored somewhere in this land," said Alice as happy as a lark.
"Well, they won't come, they never do, you know," said Scooter sipping on Alice's cup.
Alice looked stern and said, "But, subpeonas are legal stuff, as you well know."
"True, true, that's as true as rain," said Scooter never bringing the cup away from his lip.

Alice thought, and then she thought some more.
"I wonder if there's a subpoena that is strong enough to make them come," Alice wondered aloud, as she was wont to do.
Scooter sipped from Alice's cup, slurping away most contentedly, content not to say a thing.
"Do you think that inherent contempt could do the trick?" asked Alice suddenly.
Scooter gagged and spit, then exclaimed, "Ahh, no, this isn't 1933!"
"Well, I know that well enough," said Alice wondering if Scooter had swallowed a pill.
Scooter frowned and stated, "I can't say for sure, but now I feel rather ill."
"Well, no wonder that," said Alice, "you've drank two full cups of tea."
"Hare pee tea at that," said Scooter frowning, "and my limit is only one cup, usually."
Then Alice stated a question that all could hear if they were near, "But, this isn't usual, now is it?"
"No, it's not. It's not indeed," stammered Scooter while rubbing his swollen belly.

"That's what I thought when I thought my thought that I hadn't thought before," Alice said to herself because she didn't want the sick old man who had been sipping hare pee tea all afternoon to hear.
"These are indeed strange times you must agree," said Scooter.
"Oh, I do, I do indeed agree. I think it's times like these that are the strangest indeed," said Alice softly.
Scooter looked for a place to barf but couldn't see one and said, "I'll keep it to myself."
"I wished you would have had that attitude before you outed Valerie Plame," said Alice, wagging her finger at Scooter.
Then Scooter looked down at his big shoes and noticed they didn't fit, "That's what I get for going shopping at the circus."
"You're really quite a clown," said Alice before she asked, "Are you or are you not?"
"Hmmm, the jury's still out on that one," said Scooter, now with his hand covering his mouth.
"Don't let it out in here!" shouted Alice, "I just cleaned up this place."
"I won't, I promise," said Scooter barely opening his mouth to speak, "Besides, there is no space."
"I don't believe you, so out you go," said Alice as she pushed Scooter out and slammed the door.
"I have to get to work now and find out about inherent contempt of Congress," said Alice to the mole, who had been sitting there quietly the entire time and who had heard the entire conversation between the clown and the little girl.

[Eurobabe]

31. interesting...kick & rec'd n/t

[Kurovski]

32. K&R. (nt)

[Nunyabiz]

35. There are already at least 25 "grounds for Impeachment"

The democrats are NOT going to Impeach this treasonous war criminal until they feel the boot heel of We the People firmly pressed against their necks while twisting their arms. The only reason I can think of why they are not Impeaching the worst Resident in American history is because they actually think a real election is going to happen in 08' and that they are going to be in the White house and they want ALL of the FASCIST bills and laws still intact so they also will have an Imperial presidency.

This insanity will not stop until We the People MAKE IT STOP.

[seemslikeadream]

37. it's almost as if the Bush administration is asking to be impeached,"

or daring

[KAT119]

39. K&R