Mukasey: No, I Will Not Enforce Citations for Contempt of Congress

[kpete]

Mukasey: No, I Will Not Enforce Citations for Contempt of Congress
By Paul Kiel - February 7, 2008, 6:24PM

..................

Rep. Robert Wexler (D-FL) was the one who first popped the question. If Congress passed a citation against White House chief of staff Josh Bolten, who, along with former White House counsel Harriet Miers and Karl Rove, refused to show up when subpoenaed by Congress as part of the U.S. attorneys investigation -- would the DoJ enforce it?

Mukasey's simple answer was "no." Enforcing the contempt citation is "not permitted when the president directs a direct adviser of his, somebody who directly advises him, not to appear or when he directs any member of the executive not to produce document."

................

WEXLER: Should Congress pass a contempt citation, will you enforce it?

MUKASEY: A contempt citation of...

WEXLER: With respect to the subpoenas, with respect to Mr. Bolten?

MUKASEY: If you're talking about a contempt citation based on Mr. Bolten's failure to appear...

WEXLER: Yes.

MUKASEY: ... in response to a direction by the president that he not appear, the answer is no. Because he can't violate that request.

WEXLER: Are you the people's lawyer, as you said to the Senate, or are you the president's lawyer?

MUKASEY: I'm the attorney general of the United States. And it's my obligation to enforce all legally binding precedent.

WEXLER: Thank you, Mr. Chairman.

...............

Mukasey's simple answer was "no." Enforcing the contempt citation is "not permitted when the president directs a direct adviser of his, somebody who directly advises him, not to appear or when he directs any member of the executive not to produce document."

more here:
http://tpmmuckraker.talkingpointsmemo.com/2008/02/mukasey_no_i_will_not_enforce.php

[burythehatchet]

1. Everytime I see Muckasy's name I think of Chucky Shumer.

[MannyGoldstein]

16. The Chucky That Kept Tax Rates At 15% For Hedge Fund Managers?

That Chucky?

[burythehatchet]

18. Why do the bluest states have the crappiest senators?

:shrug:

[MannyGoldstein]

20. As A Mass. Resident, I'm Not Sure That I Agree!

Harumph! :hi:

[burythehatchet]

21. HAH. Great point. Shumer Clinton and Feinstein are what come to mind.

My unequivocal apologies to Ted and JFK


:)

[hootinholler]

26. Mikulski came to my mind.

I consider her suboptimal. Not sure about Cardin yet.

-Hoot

[The Stranger]

31. Mukasey is Schumer and Feinstein's man.

They crossed the aisle to vote against their party and their own constituents to put that piece of shit in as Attorney General.

It is unconscionable.

[hisownpetard]

2. That noise you hear is the sound of my head exploding...

:nuke:

[coffeenap]

3. Do not question the king's directives. What the hell have we become?

Sorry, just full of disgust today.

[Supersedeas]

33. Mukasey has an odd relationship with the Constitution

[liberal N proud]

4. Doesn't that put him in contempt as well?

He is refusing to enforce a congressional order.

[no_hypocrisy]

5. Then impeach Mukasey for refusing to perform his constitutional duties.

He doesn't have the luxury of selecting which laws to enforce.

[bdf]

25. Yes but...

Impeachment may lead to harsher punishment than a contempt charge does - a term of imprisonment that can be ended by Mukasey at any time by complying. Of course, Mukasey is in a quandary because he knows that if he co-operates then he himself is likely to end up being indicted or impeached. Even so, Repugs who would refuse to vote for impeachment proceedings might well consider voting for contempt. Mukasey is blatantly in contempt and all the voters in Repug districts can see it, and might reconsider who they vote for next time.

Another factor is the contempt charge is not within Dubya's ability to pardon (I think) but impeachment is.

Elsewhere in the thread somebody pointed out the irony of holding Mukasey in contempt for not bringing to trial others (like Rove) held in contempt. But the solution here is to use the "inherent contempt" process and send out the sergeant-at-arms to arrest Mukasey. That sends a message to the others about what will happen if they do not testify, as well as perhaps convincing Mukasey to do his job.

And if Mukasey does not change his mind, and Rove and the rest join him, Congress will have to have the small jail cell enlarged. I suggest they ask KBR to do the job, and to install shower facilities at the same time. The threat of a KBR shower should electrify these fuckers into complying with the will of Congress.

[Supersedeas]

28. a Fed Judge just confirmed that Mukasey is ignoring his duties

[Vinca]

6. The crime family seems to have covered all bases. nt

[coffeenap]

12. That is exactly right--it is what we have all been watching since

the beginning of this maladministration. The worst thing they have done is undermine every single department of government-all bases covered was exactly the plan. Now we have to uncover it through those brave whistle blowers and the few brave members of our government who somehow made it through the crap and can help us tear down and rebuild. This is why Kucinich and his allies are my heroes and will always be.

[Supersedeas]

32. does that make Mukasey a 'made' man

[Junkdrawer]

7. That was February...I guess the policy remains the same in July?

:shrug:

[opihimoimoi]

8. Full Insulation means we have a Dictator...no acountability..secrecy, hubris, arrogance, etc

He has made himself KING, Emperor, Head Office, etc

[Enrique]

9. I think the judge has just ruled against Mukasey's position

seems to me. :shrug:

[librechik]

14. Yeah. So?

Cheney'll see about that.

[MiniMe]

10. I would drag Mukasey back in again

And ask him in light of the court's decision today, will you enforce the contempt?

[Junkdrawer]

11. With a subpoena?

:rofl:

[barbtries]

13. as far as i can tell

this fuck is as big a whore as gonzalez. can we go after the attorney general for obstruction of justice? cause that's what he's doing.

[HowHasItComeToThis]

15. BUSH ALWAYS PICKS THE BOTTOM OF THE BARREL

WHT A BUNCH OF SLIMEBALLS.

ENJOYING YOUR COUP, MERICUH?

[The Backlash Cometh]

17. He's a shill. He's been compromised politically and he should be removed.

[L. Coyote]

19. Mukasey: "...it's my obligation to enforce all legally binding precedent."

Today's ruling:

The Executive cannot identify a single judicial opinion that recognizes absolute immunity
for senior presidential advisors in this or any other context. That simple yet critical fact bears
repeating: the asserted absolute immunity claim here is entirely unsupported by existing case law.
In fact, there is Supreme Court authority that is all but conclusive on this question and that
powerfully suggests that such advisors do not enjoy absolute immunity. The Court therefore
rejects the Executive’s claim of absolute immunity for senior presidential aides.

Mukasey was just plain LYING!!! Or he is a legal idiot. Or, he is a Bush Junta co-conspirator. Take your pick.

[backscatter712]

22. Time for inherent contempt...

Who needs Mukasey? Just send the Sergeant at Arms to go get 'em, and lock them in the basement of the Capitol until they're ready to sing.

[lovuian]

23. Well Gonzalez thought he knew the rule of law and he went

down Mukasey if he doesn't follow Congress just went on the list of Obstruction of Justice

[jcla]

24. If he won't enforce the citation for contempt of congress..

can we waterboard Mukasey in response? After all this isn't torture.

[Supersedeas]

27. Mukasey has criminals who worked in his own Dept who he refuses to hold accountable

should rename it the Dept of Non-Justice or the Dept of Obstruction of Justice

[Disturbed]

30. Start Impeachment of Muckasy now!!!

:mad:

[yurbud]

29. this may be a halfway valid reason why Dems aren't going after Bush & Cheney

What would happen if they go into impeachment mode, started issuing subpoenas, and Bush and his justice department just ignored them?

Although it would be Bush's fault, Congress would be exposed as totally neutered and powerless, and people might wonder what good voting would do.

[Indenturedebtor]

34. I'm not sure that this would be the worst thing

It's time people woke the fuck up to what the last 8 years have been about. Burying our collective heads in the sand isn't going to help.

But most of Congress doesn't really care about the Constitution or our Democracy. It's all about money and power to most of them.

[spanone]

35. bu$h* & fuckhead cheney continue to flip the bird at congress and the american people