FELONY: "Telling A Person Not To Show Up In Response To Subpoena Is A Felony-See For Yourself" (TPM)

[kpete]

Felony
07.11.07 -- 5:15PMBy Josh Marshall
Hmmm. A very knowledgeable emailer says it's a felony ...

Invoking a privilege is one thing, but telling a person not to show up in response to a subpoena -- if only to actually invoke the privilege -- is quite another. It's not just worse, it's a felony under federal criminal law.

See for yourself.

18 U.S.C. Sec. 1505 : ... Whoever corruptly ... influences, obstructs, or impedes ... the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress ... shall be fined under this title, or imprisoned not more than 5 years ... or both.

18 U.S.C. Sec. 1515(b): As used in section 1505, the term "corruptly" means acting with an improper purpose, personally or by influencing another, including ... withholding, or concealing ... information.

http://talkingpointsmemo.com/archives/015273.php

[Swamp Rat]

1. Run with it!!!!

:kick:

[Kikosexy2]

84. Send it to...

Congress...everyone of them....

[proud patriot]

2. Hmmm

I'd like to learn more about this

[librechik]

81. gitterdun!

if only...

[derby378]

3. What's that line from the DIE HARD series, again?

Oh yeah, right...

Yippee-ki-yay, motherfucker!

:headbang::woohoo::applause:

Great find! Thanks!

[proud patriot]

6. LOL

:evilgrin:

[C_U_L8R]

4. oh please arrest him

please oh please oh please arrest him

[OwnedByFerrets]

27. The problem is, who are you gonna get to arrest the criminal?

Im serious, WHO?

[polmaven]

32. The other problem is....

Who ACTUALLY told her not to show up?

I'm sure no one will admit it was the king himself!

[Jeff In Milwaukee]

39. Arrest Bush...

If he wants to finger Karl, that's his decision. But I think we start with the assumption that the guy in charge is the guy in charge.

[acmavm]

55. Absolutely, although I would be highly entertained at the sight

at old dick cheney being hauled out of his office (where ever it is) screaming obscenities and foaming at the mouth.

[WinkyDink]

64. Let's see how far Fielding will go, 'cuz it's him or Bush.

[lapislzi]

41. There are 2 processes here...don't confuse them

Congress has no power to MAKE the Justice Dept. do its job. But Congress can do its own fucking job, the job it was elected to do, and that's bring on the contempt citations. Then it's on the Justice Dept. if it refuses to uphold the law.

I expect the Congress to do its fucking job. Is that too much to ask?

[GreenPartyVoter]

46. Not too much in my book,no

[Canuckistanian]

47. I'm sure Gonzales will get right on it n/t

[JohnnyLib2]

5. Now, we have to remember.....

laws of the land do not apply to the Current Occupant.

[HiFructosePronSyrup]

7. It is. It is.

We're at the precipice of a constitutional crisis.

I haven't felt this way since the latter days of Watergate.

[mmonk]

8. Our rulers are above the law.

[aquart]

9. George couldn't do five years. It would be cruel to his family.

[tblue37]

20. That's right. They would want him locked up for at least 50. (eom)

[napi21]

10. You're forgetting that Shrub is executing his authority under executive

privelege. THAT issue is apparently still questionable in the courts! I haven't seen the response that apparently came from the WH stating Harriet would not appear, but I suspect it invokes EP in it somewhere.

These folks are arrogant, criminal, and many other things, but the one thing they are not is STUPID!

[Vilis Veritas]

45. de de de de, de de de de, de de de de...

"There is a fifth dimension beyond that which is known to man. It is a dimension as vast as space and timeless as infinity. It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man's fears and the summit of his knowledge. This is the dimension of imagination. It is an area we call the Twilight Zone."

R.Serling

[spanone]

11. It would seem that she should be compelled to show up and voice her status.

i'm not a lawyer but I did stay at a holiday inn

[nadinbrzezinski]

12. You'd think that their WH star would knowthat

unless, they believe the USC does not apply to them

[polmaven]

33. This is the woman they wanted

for the Supremes! Brilliant, Harriet!

[Larkspur]

13. Nancy has no right to keep Impeachment on the table

It's time to start Impeachment proceedings.

[screembloodymurder]

15. Can we get Nancy out?

Why can't we get someone in who will start the impeachment proceedings?

[PoconoPragmatist]

63. Cindy Sheehan Will!!

n/t

[bbgrunt]

14. I really don't understand what the white house is doing. It

sure seems that they want a confrontation in the courts. Why would that be? Do they think that they have the whole justice system so sewed up that they can't lose? Do they have something else planned that will make this kabuki dance irrelevant? Why would they keep pushing such crap? Do they really expect the Dems to back down?

[rambler_american]

28. Why are they doing it?

Because they can and by the time it all gets sorted out the clock will have run out and, presumably made all of the criminal activity moot.
Even if that happens, even if 1/20/09 occurs before Smirk and company are made to suffer the consequences of their corruption, impeachment should go forward. History will not be kind to Smirk, but it should be even less charitable to an enabling legislature.
Impeach, Indict, Imprison!

[jelly]

40. My worry is that they really do have the whole justice system

so sewed up that they can't lose.

*sigh*

I am not happy with the USA, 2007.

[SusanaMontana41]

48. Pretty damn scary.

n/t

[emmadoggy]

57. That's my fear too.

:-( :scared:

[trashcanistanista]

59. Yes, I

think they do have the DOJ on their side. They know that if it goes to court, they will not lose.

[Marr]

71. I agree with you. I think their only domestic agenda at this point is to

set some Federalist Society legal precedents.

[demgurl]

16. I would love to see Georgie act out a Hiltonesque scene...

on the way to the jail. All the reporters surrounding his car and him in the back seat sprouting tears all over the place. One can dream...........

[jelly]

42. That is a lovely image just begging to be photoshopped.

:-)

[Usrename]

17. Bring it!

At least get boot firmly planted on the proper neck.

[vanramp]

18. Executive privilege?

Thus will become a byword for for all things above the law...

[sellitman]

36. Will become?

Looks like it's already just what you stated. Amazing!

Good call.

[The Wielding Truth]

87. This is beyond executive privilege. His is ordering her to

obstruct the law, to interfer with an investigation. He cannot order her to break the law. It is her decision, and his order is abuse of power.

[creeksneakers2]

19. Oh! That I could kick this more than once!

[MonkeyFunk]

21. please

he's not going to be charged with a felony. This is a fairly typical separation of powers battle. Bush maintains the supbpoena is unconstitutional. Nobody's gonna be arresting him any time soon.

[Bonobo]

22. Thanks for destroying my fantasy, Buzzkill!

:banghead:

[MonkeyFunk]

23. LOL

sorry. I just think people are in for a heap of disappontment if they expect to see any arrests over this issue.

It's a political/legal battle, and it will play out one way or the other.

[Usrename]

29. I think the rub is that Sarah Taylor testified that she got a letter.

The letter was from Fielding telling her not to speak to the Congress. It looks like Fielding committed a crime by sending her that letter.

There is no Kevin Bacon rule for exercising executive priveledge. If Fielding doesn't know that, someone should get their money back.

[PoconoPragmatist]

68. Why D'ya Think His Name Is Buzzkill??

:evilgrin::hippie::toast::smoke::crazy::yoiks::silly::beer:

[wildbilln864]

24. recommended!! n/t

[pingzing58]

25. We'll see if she shows up or not - they still have a way out. nt

[deacon]

26. k + r

[Ganja Ninja]

30. That's kind of what I thought.

Counseling someone to break the law is conspiracy and is illegal.:shrug:

[Zensea]

31. The key phrase is "corruptly means acting with an improper purpose"

An the key word is "improper."
The administration argument will be that it is proper for Bush to invoke the privilege and to tell the person to not show up to testify.
Determining whether it is proper will either happen through impeachment or in the courts if the House does not impeach.
I doubt anyone will be arrested though.

[OmmmSweetOmmm]

34. I wonder if the House Committee will still convene at 10AM today??? eom

[annabanana]

38. I certainly hope so....n/t

[Hubert Flottz]

35. Bushies are above the stinkin' laws!

Laws are written for those of us who are too poor to defend ourselves against them.

[PoconoPragmatist]

69. Wait A Min...

Are you telling me you are just NOW figuring this out??

[sinkingfeeling]

37. Wow. Bush just keeps racking up the felonies! Impeachment now!

[Felinity]

43. Three key words

Statute of Limitations.

If the statute of limitations for these offenses is at least 18-24 months, then these three magic words should roll off the tongue of every Democrat questioning these bogus executive privilege witnesses. They need to put it out there that they will be held responsible, and if the facts are not in evidence prior to the next Presidential election, they might want to consider what protection they will have during an unfriendly administration. Sarah Taylor should be in jail today, but if she thinks she'd rather do more time later, for obstruction of justice, more's the better. Do Taylor, Miers, et. al. really think "the president directed me" is going to protect them for very long?

Question: Can * issue a blanket pardon for his entire staff before leaving office, including crimes committed but not charged by that point in time?

[ProgressiveFool]

50. Technically he can, as evidenced by the Libby commutation

in which all DOJ guidelines and precedent for review were ignored. When it comes down to it, the President's power of clemency is absolute, except in cases of impeachment.

Politically, it would be like a self-inflicted nuke, though, I would hope.

[SemperEadem]

52. it seems to me

"Do Taylor, Miers, et. al. really think "the president directed me" is going to protect them for very long?"

as Taylor said yesterday, "I took an oath to up hold the president", that that is a treasonable offense--as this statement is an open declaration to the usurpation of the constitution. She needs to be in prison--no, better yet, she needs to be hung drawn and quartered--no less than the full horrors of the traitor's death for her and anyone else who believes that anything or anyone in the United States of America is above the constitution.

Sarah Taylor, Benedict Arnold...

[EVDebs]

61. You're right, the Nuremburg defense 'Der Furher told me to' ain't gonna hold up nt

[madrchsod]

44. certainly is no matter who you are

the Magna Carta ----the king is not above the law

[Nunyabiz]

49. Just yet another Felony

to add to the Treason, War Crimes, Crimes against humanity and various other 25++ Impeachable offenses this Neofascist has committed.

Apparently it really doesn't matter at all what these criminals do because obviously this sad sack Congress is not going to do their duty.

[redqueen]

53. Yeah...

Kinda hard to get excited.

But we can always hope.

:pals:

[november3rd]

51. Endgame

How many moves to checkmate?

The only question is, "Will the King actually have to be captured, or will he 'concede'?"

[PoconoPragmatist]

70. ...

He'll have to be dragged out, kicking and screaming. even in January 2009. He won't give up power willingly. He really believes he is the dictator.

[socretes73]

54. Felony is a "High Crime"

like in high crimes & misdemenors....right?

[helderheid]

56. GET THIS TO KEITH OLBERMANN

[EVDebs]

60. We LOVE kpete and KO ! These guys are all greased and ready to kick ass !

(To borrow from how Sha Na Na's performance at Woodstock phrased it). Get the US Marshalls to enforce LAW and ORDER NOW !

[havocmom]

58. Cool! Call the US Marshalls and get the chimp!

;)

[file83]

88. How cool would that be - to be the guy slapping the cuffs on Bush?

If I did that - my life would pretty much be down hill after that. How do you top that?
:rofl:

[PoconoPragmatist]

62. Problem

They will claim that Executive Privilege is not "improper purpose."

Mark my words.

These bastards weasel out of everything, and the fucking corporate media gives them a free pass every time.

Liberal media, my ass!!

[WinkyDink]

65. You need to SHOW UP to invoke it.

[PoconoPragmatist]

72. Nope

BUSH is invoking it. Bush never had to show up in the first place. BUSH is the one who ordered her not to show up, which could be a felony, if not for the Executive Privilege "get out of jail free" card these folks have been using for 6 1/2 years now.

[karlrschneider]

66. Just FYI, here's the full section

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001505----000-.html

[tritsofme]

67. It is doubtful that a sitting POTUS could be criminally indicted

Due to seperation of powers issues, impeachment and removal are the only real recourse.

[PoconoPragmatist]

73. However...

Once he WAS impeached and removed...he could THEN have criminal charges brought against him at that point in time.

[Rosa Luxemburg]

74. so who is stopping the impeachment?

[PoconoPragmatist]

78. Nancy Pelosi

n/t

[OmmmSweetOmmm]

75. I wish I could recommend this thread again and again! It also came out in the

House Judiciary Hearing today, that Fielding's Letter re Exec Priv was invalid. The letter has to come directly from Shrub!

[Vanje]

80. Ill give it an R for you

and a kick

[OmmmSweetOmmm]

83. Thank you much!!!!

:hi:

[19jet54]

76. "improper purpose"...

... how does one prove that beyond a reasonable doubt?

[Miss Chybil]

77. Laws only apply to those who respect them.

Or, so it seems.

[Uncle Joe]

79. Kicked and recommended

Thanks for the thread kpete.

[HCE SuiGeneris]

82. please please please....

make these evil people go away.

[rocktivity]

85. I've been thinking about that--since Miers is no longer in Bush's employ, I mean.

Does he have the power to stop her from testifying? Wouldn't even HE have to get a restraining order?

:shrug:
rocknation

[Swamp Rat]

86. kick

[orleans]

89. k&r n/t

[bobthedrummer]

90. .

[bobthedrummer]

91. ^