Reply #7: U.S. Constitution, Article II, Section 1: [View All]

[JDPriestly]

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows. . . . .

As of noon on January 20, 2009, the executive power is invested in President Barack Obama.

That means that Mr. George W. Bush has no executive power, and therefore no power to invoke the executive privilege. That means Mr. Karl Rove can no longer invoke the executive privilege based on instructions from his former boss, Mr. Bush.

Mr. Rove now has two choices: 1) answer the questions of Congress; 2) take the Fifth Amendment.

Assuming that, in the past, Mr. Rove did have the right to refuse to answer specific questions based on executive privilege, his lawyer should have told him that he was obligated to appear and invoke his privilege in Congress.

Mr. Rove's arrogance will get him in trouble.