Bush, Congress in Legal Limbo Over Privilege

[babylonsister]

http://public.cq.com/docs/cqt/news110-000002542737.html

Bush, Congress in Legal Limbo Over Privilege
By Keith Perine, CQ Staff

President Bush’s refusal to comply with congressional subpoenas seeking information related to the firings of nine U.S. attorneys puts the standoff between the White House and Congress on relatively uncharted legal ground.

Bush asserted executive privilege Thursday over White House records related to the dismissals. In a letter to the chairmen of the House and Senate Judiciary committees, White House counsel Fred F. Fielding said Bush also is prepared to assert the privilege to prevent two former senior White House aides from testifying in the matter.

“For the presidency to operate consistent with the Constitution’s design, presidents must be able to depend upon their advisers and other executive branch officials speaking candidly and without inhibition while deliberating and working to advise the president,” Fielding wrote.

There have been tensions between presidents and lawmakers over the confidentiality of executive branch information since the George Washington administration. But most of the conflicts have been resolved through negotiation between the two branches, without court intervention.

“The courts really do not want to have to resolve these inter-branch disputes,” said Carl Tobias, a law professor at the University of Richmond.

But Bush and the Democrats have staked out sharply conflicting stances. If the two sides wind up in court, the legal battle could easily outlast Bush’s term in office.

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[BleedingHeartPatriot]

1. Oh so, NOW he suddenly loves the Constitution.

:mad: MKJ

[papau]

2. If Congress asserts it is investigating a possible criminal matter - executive privilege ends n/t

n/t

[babylonsister]

3. Really? I didn't know that; very interesting. Now to get the DoJ to do

their job; I'm not sure anyone there will.

[papau]

5. Impeachment may be the only achievable response when DoJ is pure politics n/t

n/t

[soothsayer]

4. privilege translates into "private law." I don't think anyone in the US should have

that---not even (or especially) the prez.

[madokie]

6. only if its not criminal, fred, only if its not criminal

“For the presidency to operate consistent with the Constitution’s design, presidents must be able to depend upon their advisers and other executive branch officials speaking candidly and without inhibition while deliberating and working to advise the president,” Fielding wrote.