AG Mukasey: Justice Department cannot now criminally charge WH officials for defying Congress

[sabra]

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/14/AR2008021402415_2.html?sid=ST2008021404038

<snip>

Attorney General Michael B. Mukasey has told Congress that current and former White House officials who have refused to testify in a congressional inquiry probably did so based on the Justice Department's ruling that Bush's assertion of executive privilege was proper. That means that the Justice Department cannot now criminally charge someone for defying Congress based on its own previous legal advice, he said.

Yesterday, an aide to Mukasey, who is traveling overseas, said the attorney general will review the situation but is likely to stand by that position.

House Democrats had looked ahead. They included in yesterday's resolution a second provision that allows the House general counsel to file a civil lawsuit in federal courts to compel Bolten's and Miers's testimony.

Democrats hope that this strategy will let them push the matter into federal courts, where they think they have a chance of at least establishing a legal precedent on executive privilege.

:crazy:

[islandmkl]

1. What?!! The Attorney General, appointed by the WH resident-in-charge...

has determined that the WHRIC can do any f****** thing he wants? I, for one, am truly shocked by this revelation. :sarcasm: Hell yes...let's approve Mukasey, he'll be different than the other bootlickers George has sent us.

[sabra]

2. the best part is his reasoning - AG Gonzo said it was kosher - so I too have to agree

:eyes:

[Beausoleil]

5. "The lying, incompetent scumbag that was here before me

and was tossed out on his ear said it was Ok, so I have to agree". Impeccable logic.

[Solly Mack]

3. LOLOLOL One excuse fits all

LMAO

Same excuse for everything

Saying "My lawyer said I could do it" is NOT a legal defense. Not even when it comes from the Justice Department. Nor does a lawyer saying you can do something make that action legal.

[pinto]

4. There's the perfect definition of circular logic.

:eyes:

[Occulus]

9. Same argument they're using for the telecom companies'spying

I'll be sure to bring this up the next time a Usual Suspect here says that the telecom companies were acting "in good faith"...

[kentuck]

6. But that is not why they were charged with contempt.

They refused to even show up. Whether they are charged or not, when they are subpoenaed to appear before Congress, they cannot just unilaterally decide they would rather do something else. Whether they can be criminally charged is an entirely other matter?

[sicksicksick_N_tired]

7. I hope their general counsel filed their complaint this morning.

Which court will they choose, I wonder.

Naturally, the Justice Department will appeal all the way but at least precedent will be established on just how far a pResident can assert that privilege shit.

[spanone]

8. mukasey is a serious problem....

[ReadTomPaine]

10. This is why Schumer and Feinstein shouldn't have supported Mukasey...

against the wishes of the chairman. Why on earth would not one, but two Democratic senators on this committee support Bush over their own party and the expressed objections of their own chairman - Pat Leahy, one of the most respected members of the Senate - in such a critical vote is a question that's going to hang over both of them for the rest of their political lives. It wasn't easy to take out AGAG, and that work was virtually swept away when they not only folded to Bush, but actually supported his man against their own even tho Democrats held the superior position.

Let's not forget it's Leahy who was the recipient of the infamous Cheney "Go fuck yourself" quote on the floor of the senate chamber. This is how his colleagues support him after that disgrace?

Should the margins be safe post election, Democrats like these should be the next targets on the political front. Start with the GOP, then move on to the troubles inside our own house. These two are on the short list for that.

[nadinbrzezinski]

11. Same damn logic was used in Nazi germany

ah history... she does repeat

[hatrack]

16. And if history doesn't quite repeat itself, it sure rhymes a lot!

:eyes:

[bobthedrummer]

17. Yep-from the Third Reich to the BFEE, the pattern is plain as day now. n/t

[Supersedeas]

12. once again relying on past partisan political opinions to justify today's legal cowardice

[hootinholler]

13. No problemo

Just hold Mukasey in Inherent Contempt until the charges are brought.

-Hoot

[FVZA_Colonel]

14. That is the only option left.

They should have gone right for it, though I suppose for political purposes it looks better that they tried things the "normal way" first.

[hootinholler]

18. Plus it allows them to wrap up a higher value target.

I would have gone inherent contempt also, but I can see advantages this way. Meirs and Bolten are no longer in the administration and jailing them has little leverage, Mukasey on the other hand...

-Hoot

[HuffleClaw]

15. HOW does a 'justice department ruling' trump Congress, not to mention the courts?

i rather doubt it does.