Leahy Starts Formal Process that Could Lead to a Contempt Citation for Karl Rove and Others

[orleans]

--jonathan turley:

Leahy Starts Formal Process that Could Lead to a Contempt Citation for Karl Rove and Others
Published 1, November 30, 2007

Senate Judiciary Committee Chairman Patrick Leahy has formally determined that Karl Rove, John Bolten, former White House political director Sara Taylor and her deputy, J. Scott Jennings, are in violation of the Senate subpoenas and must comply “immediately” or face legal consequences.

Leahy stated: “I hereby rule that those claims are not legally valid to excuse current and former White House employees from appearing, testifying and producing documents related to this investigation.” This ruling would allow the matter to go to the Senate.Notably, Leahy found that Bush was not involved in the firing of U.S. Attorneys. This helped undermine the claim of executive privilege.

The early congresses were more likely to use contempt power. They did so in cases like Robert Randall in 1795 who was accused of bribing a member and, in 1800, with newspaper editor William Duane who refused to answer questions before the Senate.

The Supreme Court has held congressional committees must satisfy three conditions to have enforceable subpoenas. First, the investigation must be properly authorized by Congress. Second, it must have a “a valid legislative purpose;” and third, the specific inquiries must be relevant to the subject matter area under investigation. Those conditions appear met here.

If these conditions are met the courts tend to defer to Congress. Thus, the Court in Eastland v. United States Servicemen said that such subpoena fall under the powerful Speech and Debate clause, which affords “an absolute bar to judicial interference.”

Thus, the Senate appears on good footing for a court fight. The question is not legal but political support.

http://jonathanturley.org/2007/11/30/leahy-starts-formal-process-that-could-lead-to-a-contempt-citation-for-karl-rove-and-others/

[cali]

1. good. and good for Leahy.

this is what we need. now cue the Leahy dislikers:

"He's a do nothing"

"He's full of hot air"

"He's complicit with bushco"

[Frustratedlady]

4. I don't dislike Leahy, but I think the wheels of justice could use some grease.

I think everyone is frustrated that this cabal wasn't called before the lions and made to testify. A person can only take so many instances of being taunted before they finally hit back. We have reached that point.

Maybe Cheney should have thrown out another one of his usual, "Go f*** yourself!" and we could have proceeded more quickly?

I just hope this isn't another delay.

[cali]

5. I think many people don't understand how it works

or how building a case carefully is vital. That's what Leahy seems to be focused on- being successful with his pursuit of these miscreants. People going on about inherent contempt don't seem to have a clue.

Nope, don't think another Cheney insult would have done a thing. From my friend who worked for him at the time, I heard he laughed about it. And I don't think more anthrax will scare him off either- and Leahy thinks bushco may have been involved with that. He really despises them, but I don't think he's at all afraid of them.

[BlueJac]

2. I've heard this at least a dozen times...........

The Dems are afraid to do anything to rock the boat, even though the boat is full of illegal activity!

[cali]

3. actually, no you haven't heard this before

oh, never mind. believe what you want whether it's factual or not.