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congress quarterly The Democrats’ Privilege Problem
By CQ Staff Mon Jul 30, 8:26 AM ET
By David Nather, CQ Staff
Until two weeks ago, Linda T. Sánchez was counting on the Bush administration to blink first in the fight over congressional subpoenas.
That was when the House Judiciary subcommittee she chairs started to ratchet up the conflict, which grows out of the Democrats’ investigations of the firing of a group of U.S. attorneys. On a party-line vote, the panel rejected White House Chief of Staff Joshua B. Bolten’s claims of executive privilege for the documents he had been ordered to produce.
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Whether they planned for it or not — and from all indications they didn’t — the Democrats are now locked into a potentially time-consuming battle with President Bush that could determine whether Congress really has the leverage to force executive branch officials to cooperate with its investigations. The public won’t necessarily care if the Democrats are winging it through this battle, public opinion experts say. But they will care about the end result — and the result isn’t likely to be a good one for Democrats if they don’t find a strategy that can prevail.
The Democrats will probably have the votes to win adoption of the contempt citations against Bolten and Miers when the House votes on them after the August recess. But they’re still trying to figure out their plan if the Justice Department doesn’t let the U.S. attorney for the District of Columbia present the citations to a grand jury.
“I don’t get the sense that there’s a Plan B,” said Laurence H. Tribe, a constitutional expert at Harvard Law School who has discussed options for resolving the standoff with lawmakers from both parties. “There are lots of Plans A prime. But there’s no convergence around a single path.”
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