BUSH ADMIN WHOPPER-Makes Up New Law Of Exec Privilege Against Congressional Lawmakers!!! (WAPO)

[kpete]

EDITORIAL Notation by kpete: When an Executive or President dictates to the people or the people's law-makers in Congress what the law is or what it means (signing statements) or when an executive creates new claims or purports to create new laws or privileges not enjoyed by all citizens (like broad new claims of presidential or executive privilege) then the Executive becomes a dictate-r.

Broader Privilege Claimed In Firings
White House Says Hill Can't Pursue Contempt Cases

By Dan Eggen and Amy Goldstein
Washington Post Staff Writers
Friday, July 20, 2007; Page A01

Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege.

The position presents serious legal and political obstacles for congressional Democrats, who have begun laying the groundwork for contempt proceedings against current and former White House officials in order to pry loose information about the dismissals.


Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action."

But administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.

Much more at http://www.washingtonpost.com/wp-dyn/content/article/2007/07/19/AR2007071902625.html?hpid=topnews

[Guaranteed]

1. "Sure, you can make the charges, but our cronies won't follow up on them."

Nice argument.

[kevin4589]

57. Shamelessly criminal adminsitration

It is clear by now that we have a shamelessly criminal administration supported by the right wing supreme court. It kinda supports my argument that the U.S. constitution is designed to maintain levers of power in the hands of the elite. The constitution can be easily done away with by the politically appointed supreme court or the President declaring war and martial law. But of course, we will continue to be told that we are living in democracy.

[windy252]

2. This is what inherent contempt was designed for n/t.

[aquart]

4. "Inherent contempt" is precisely how I would describe it.

Even if I'd never heard of such a thing.

[Jack Rabbit]

35. Actually, this is for what impeachment is designed.

[windy252]

60. That, too,

but as far as I can tell, it's still officially "off the table."

[Captain Angry]

3. Seems to me that if he wasn't President anymore, that the exec privilege kind of expires.

So, if Congress gains a lot of free time by not being able to pursue the contempt charges...

Maybe they could use that time to just boot him and Cheney.

Just a thought.

[OnyxCollie]

5. I HATE THESE PEOPLE!!!

:banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead:

[Eric J in MN]

6. Congress can't force a US attorney to pursue any case...

...whether or not "executive privilege" is cited.

[AndyA]

7. Congress doesn't need to utilize a U.S. Attorney at all.

With Inherent Contempt, Congress is in control of everything. It's an internal process.

[wtmusic]

9. If it comes down to a shootout between the House Sergeant-At-Arms

and the Justice Dept., my money's on Justice.

Half-joking :scared:

[Toots]

27. Except punishment is mild and only good while that particular Congress is in session

It at least can make them stand in front of them and LIE but I guess that is meaningless anymore. If they can't charge them with anything it makes absolutely no difference whether they tell the truth or even show up at all. Congress especially Democrats in Congress are still under the impression we are ruled by the Constitution. They need to wake up to the fact that they let that one slip away.. I blame Democrats for that. They could have been much more obstuctionist that they were. Oh well :shrug America was good while it lasted. None last forever.

[movonne]

51. Then why hasn't congress doing something about this...we are

just sitting around and having hearings on this and that and when we find out that it is against the law, we do nothing about it...why hasn't Harriet Meirs been arrested?? maybe I'm missing something...

[wtmusic]

8. Executive privilege is a fiction

Nowhere in the Constitution. What's more, in US vs. Nixon, the Supremes said:

"To read the Article II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of 'a workable government'..."

http://en.wikipedia.org/wiki/Executive_privilege

When is someone going to put the cuffs on? :grr:

[texpatriot2004]

10. The cuffs should be on already...I should hope this will happen

very soon.

[Rex]

12. When money becomes worthless.

[napi21]

11. I still think the WH is trying VERY HARD to push this EP to the courts!

I think Cheney is behind all this pushing because he's supported the supreme executive theory for YEARS! He want's this decided by his packed SCOTUS!

[MiniMe]

23. Yes, to the courts that they have packed with federalist society judges

[1776Forever]

50. Clinton: Cheney flouts laws - June 2006

http://www.newsday.com/news/nationworld/nation/ny-ushill304801011jun30,0,5056745.story

Cheney and aides espouse the "unitary executive theory," which grants presidents the broadest possible powers, especially in times of war.

[Wiley50]

13. Something Smells: Why would the WH do this that seems to force congress to go straight

to Inherent Contempt?

I mean, I have been under the impression that Inherent Contempt is exactly the route Congress
needs to pursue. Do not pass go. Do not pursue statutory contempt. Go directly to Inherent contempt

So, why is Fielding, making a move that seems to herd the congress into Inherent Contempt proceedings?

Something smells really fishy here

[Amonester]

14. Because, Inherent Contempt is next on the Imperial Castle's

(formerly known as The White House) list of meaningful things to render completely useless under the false pretense of Executivus Privilegus?

Mark my word. Then, what will Congress be useful for? Horse races? :grr:

[Occulus]

15. Inherent contempt will go to the SCOTUS

as, it is my understanding, it has before.

5-4.

[Land Shark]

16. If to SCOTUS, then needs to be framed VERY CLEARLY, not half-baked

something that helps people immediately see the significance, something along the lines of kpete's notation at the beginning of the OP. This stuff has to stop and nobody can be afraid to challenge it because it might go to the Supreme Court.

[mod mom]

26. Landshark, Do you trust the SCOTUS to follow the constitution over *?

[Land Shark]

32. If CLEAR, then if the SCOTUS denies it, there's a political cause celeb

if kept nuanced or compromised in any way, it doesn't compute with the public. There's not a lot of choices for dispute resolution besides courts mod mom so if you are afraid to go there you are either just afraid or else you some kind of plan for action in the streets?

[mod mom]

40. I am afraid that they will toe the line but have also read discussions of using the

Sergeant at Arms to enforce compliance:

As chief law enforcement officer of the Senate, the Sergeant at Arms is charged with maintaining security in the Capitol and all Senate buildings, as well as protection of the members themselves. The Sergeant at Arms serves as the executive officer of the Senate for enforcement of all rules of the Committee on Rules and Administration regulating the Senate Wing of the Capitol and the Senate Office Buildings and has responsibility for and immediate supervision of the Senate floor, chamber and galleries. The Sergeant at Arms is authorized to arrest and detain any person violating Senate rules, including the President of the United States.

-snip
http://www.senate.gov/reference/office/sergeant_at_arms.htm

Am I afraid? of course I am. I don't trust these bastards especially when cornered. I don't think anyone reasonably aware of what is transpiring is not afraid. It's not like we are talking about rational decisions, now are we?

[wtmusic]

31. Can't be framed very clearly

because it's a completely gray area of the law. As I noted above, US vs. Nixon has ruled that executive privilege does not necessarily extend to nonmilitary and nondiplomatic information, but that's about as far as it goes.

This will come down to a power play, and heaven help us if we lose.

[creeksneakers2]

62. If the House started an impeachment inquiry for Gonzalez

I think the House would meet the burdens required to overcome US v Nixon.

[Supersedeas]

52. yep, this will really test the quality of the Dems legal special forces

[bleever]

17. Ocean meets shoreline, and the Constitution is the ocean, and the

rocky redoubt of neoconservatism is the rock solid shoreline, proudly unaware of its future destiny as sand.

[file83]

19. Some late night metaphor...

perfect at that. :hi:

[file83]

18. A "privilege" is something that can be revoked.

Through impeachment.

Earth to Pelosi, come in Pelosi...

[farmboxer]

20. Polls on Congress used to scare Congress into doing nothing

about Bush because the polls suggest that Congress' ratings are low because of such. This was mentioned on Keith Olbermann, very briefly though. I think the polls on Congess could be manipulated to intimidate. Congress is so scared of Bush, & his pals.

[formercia]

21. The White House is just pulling this out of their ass.

They figure they own SCOTUS and all they have to do is drive the case there to make it chiseled in stone.

[kpete]

22. And this ...

Mark J. Rozell, a professor of public policy at George Mason University who has written a book on executive-privilege issues, called the administration's stance "astonishing."
"That's a breathtakingly broad view of the president's role in this system of separation of powers," Rozell said. "What this statement is saying is the president's claim of executive privilege trumps all."

[Land Shark]

24. "Astonishing" claim of Admin, says Professor, but thanks kpete you said that already

We don't need no professor, we got kpete! :)

[mod mom]

25. The multiple pages of comments sound like a page off DU. People are POed

[PA Democrat]

29. I noticed the same thing. No one is speaking out in support of King George.

I just hope that the Congress is as POed. It's time for everyone, especially Republicans, to put country before party.

[Blackhatjack]

28. OK so now the they throw down the gauntlet. Congress either has to impeach or accept it....

The only 'check' on a dictatorial WH that Congress possesses now is the power to impeach and remove.

Pretty clear what needs to be done.

One, Impeach Gonzalez.
Two, Impeach Cheney.
Three, Impeach Bush.

Otherwise, all hail the 'dictators', and forget that Constitution.

[Wiccan Warrior]

30. The way I feel about all this COVER-UP

is if the Admin can say they are above the law then why in HELL are WE obeying Laws I mean really if we have to follow over 10,000 laws, local, State, and Federal then why in the HELL do they not have too. As of this moment on I have no respect for the law or will have any for those who uphold the law until I see the admin get put in prison and if they get away with these criminal acts then I should not even be arrested for anything, because what makes Bu$h such a damn better HUMAN BEING then me....huh....How is he a better life form I don't see honey dripping out his rear, when he walks down a road I do not see it turn into gold. I give up of this countries system, but one thing is for sure I WILL NOT GIVE UP THIS LAND OR MY RIGHTS without a personal fight.

[Land Shark]

34. This recalls the Quote from Justice Brandeis about government law-breaking

The words of Justice Louis Brandeis:

"Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law, it invites every man to come a law unto himself. It invites anarchy. (United States v. Olmstead, 277 U.S. 438 (1928).

[Wiccan Warrior]

79. Thanks for that snip

I'll have to look at that case with a fine tooth comb =)

[Marie26]

33. I'm getting scared now.

They are admitting, proclaiming that they are above the law. If Congress can't persue contempt charges, Bushco can never be held accountable for anything they have done. I'm envisioning a potential Saturday Night Massacre here. If any federal prosecutor actually attempts to bring a contempt charge vs. Bushco, Gonzales will simply fire him & install a lackey instead. This is probably why Gonzo was kept at the Justice Dept. all this time - as a gatekeeper, as a firewall to prevent prosecutors from ever pressing charges against Bushco.

[wtmusic]

37. No one ever believes a coup could take place until it's too late

Be prepared to act to defend the Constitution.

[Marie26]

41. But maybe the coup has already happened.

And now they're just taking the necessary steps to consolidate that power. Maybe the coup happened way back in 2000, and we're only realizing it now. After the 2000 selection, I was upset, but honestly had no idea that Bush would be as bad as he is. But my grandmother, who is normally non-political, totally hit the roof. She started raging & yelling that Bush had just succeeded in a coup, and people should be out in the streets about this, but no one had even noticed. Now I think she was totally right. She knew totalitarianism when she saw it. A coup implies a sudden, illegal transition in power. But that's not what's happening now. They're already IN power. It'd take a coup or impeachment to get them out.

[Land Shark]

47. So WHAT is being planned NOW for new eventualities?

We just sit here stunned again and again by the violations of the Constitution and our inalienable rights.

[pushycat]

54. Maybe another 911 is being planned. Ask Paul Craig Roberts:

http://www.creators.com/opinion/paul-craig-roberts.html?columnsName=pcr


He talks about "something is in the works"... He says a new eventuality could be a plan by the gov to use military force to seize local control after another attack. Paramilitary services of Blackwater, CACI, Wakenhut, Titan, etc. are already up and operating everywhere in the world. Would they clash with our Governors and National Guard - would our NG have to be subdued somehow - I don't wanna even think about it. It would be the end of our Bill of Rights, Constitution, all of it forever.

[Knightly_Knews]

58. This group is also affiliated with Blackwater..

Notice their emblem below? "On The Front Lines At Home" Notice it has the cross hairs pointing at the scales of justice?

http://www.borelliconsulting.com/

WTF WTF WTF, Why does it say "On The Front Lines At Home"? This logo smells of corruption.

[WinkyDink]

I realized it was a coup d'etat in 2000. What about the 5-4 decision wasn't a brazen crime?

[dickbearton]

74. Achtung! Achtung!

Your grandmother was right. Bush and the Supreme Court
committed High Treason when the court appointed Bush
president.

[Javaman]

36. First thing I thought of when I read this, "If the president does it, it's not illegal".

so much more than nixon ever dreamed of.

[Spiffarino]

38. Enough already.

Either we fight them and win, or the American Republic ends. They are employing scorched earth tactics to attain total control of the United States government and the people.

This cannot, this must not, stand. Millions of us storming the Bastille may be the only solution left to us.

[snappyturtle]

39. Your editorial notation says it all kpete! Very clearly. K&R n/t

[BrainGlutton]

42. The limits of EP are for the courts to decide . . .

Oh, but wait! Without the DoJ's compliance, the case can't even GET to court!

Unless Congress authorizes some other route, one entirely outside the Admin's control.

They could always revive the Office of Independent Counsel.

[earthside]

43. This is Tyranny!

This should be the top story in America today.

Amazing headline declares tyranny in America: 'Broader Privilege Claimed In Firings'

The Declaration of Independence

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

... For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments: ...

... In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

I just don't know how much clearer it can be that Bush and Cheney are involved teachery and engaged in subversion of the Constitution.

How can any member of Congress call herself or himself a patriot now and not be calling for impeachment? How?

[Land Shark]

48. They have DENIED our inalienable right to "alter or abolish" the government

by instituting, via the 2002 Help America Vote Act, computerized voting nationwide which leaves us helpless as against INSIDERS who wish to control the vote, as every expert agrees, we can only defend the voting systems against outsiders/citizen hackers or riggers.

Without the ability to remove a criminal cheating politician or regime at the will of the public, a right we do not presently enjoy for the reasons stated above, we are NOT a free people. A free people can change their government like they change jobs or automobiles every few years, i.e. AT WILL. Instead the votes are counted under trade secrecy and no evidence is allowed out, ever, about that, such that a criminal insider-connected politician can easily cheat their way into office or, more likely, into staying in office.

[wiggs]

44. They've got unlimited arrows in their quiver...will come up with

a counter for anything the opposition throws at them...and it's clear that even normal, legal, required, necessary, overdue oversight will be blocked.

It was clear years ago that these guys built an apparatus that was nearly invulnerable.

[glitch]

45. Bold, new? How about Aggressive, radical. K & R nt

[L0oniX]

46. Executive privilege will be used against impeachment too ...maybe.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x3389584

[lonestarnot]

67. And I bet my money on, "he's going to be thrown out on the lawn."

[jayfish]

49. "The position presents serious legal and political obstacles for congressional Democrats"

Ummmm, what the fuck kind of writing is this. It presents serious legal and political obstacles for the president and the DOJ you tools. Read your own article,

Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, "whose duty it SHALL be to bring the matter before the grand jury for its action."

...and learn the difference between shall and may.

Jay

[Megahurtz]

56. So Is Congress Going To Make The Call???

If they don't just expect things to get even worse.

[C_U_L8R]

53. Since when do Bush's "executive orders" count as LAW...

Dictitorial Decree wasn't in my episode of Schoolhouse Rock.

[nolabels]

55. There is gray area there that has already been slightly adjudicated in court

The deal is the executive serves at the pleasure of congress. The congress has the dedicated power for removal of the executive from office. In chess, checkers or any other game the congress will win the match hands down.

[Knightly_Knews]

59. The problem is....

They aren't playing checkers or chess.. They are playing Dictator and our Congress has no spine... As usual they will do nothing!

[nolabels]

76. I am not fearful, and just because you don't see how something will survive...............

is not a good reason to mess with it. I guess we just see, huh :hi:

On edit, guess it just must be nappy time

[Knightly_Knews]

77. Nappy Time?

Look, Past evidence shows that Congress backs down time and time again. When and IF this Congress and Senate do ANYTHING, I will go take my nap, as you say.
But a man of my age can easily go a full day without a Nap... I mean even I can make it through an all night filibuster without needing a cot!
Nothing more than mere Theatrics.. That is all!

Who said I was fearful? As long as I still have my 2nd amendment rights, I am fearful of NO Government. Bring it! I will go grab my pillow and blankie now... :boring:

[nolabels]

78. Yea, dozing off, sitting in front of the screen, that kind of drill

I kind of thought you were suggesting i should be nervous or something. Stepping back and survey of the landscape you may think you see something but the passive-aggressive nature leads you to think it's something else. Thats the way it reels it's pray in, it's like the cat. It will wait it out till it sees the best time strike. And then at close range it pounces when the victim is least expecting the lunge. The cat don't plan it that way, it's just how it does it's thing.

I suggest in metaphor because many things in life work in similar ways and it seems easier for me to understand watching the patterns.

[BeyondThePale]

61. Executive privilege was NEVER meant to cover up wrong-doing by the executive branch

This is criminal bullshit

[creeksneakers2]

63. Bush ignores precedent favorable to himself

During the Nixon era the courts ruled that US Attorneys can't be forced to prosecute. The fact that Bush is ignoring this strong precedent and substituting a weak one tells me that the White House is VERY VERY afraid that this story might get framed with comparisons between Bush and Nixon. I hope Democrats take notice.

[wtmusic]

64. kick

[Zorra]

65. We have to face the fact that the fascists have used long term planning

and unethical manipulation of government and judicial system to stack the deck against We the People, and create for themselves a fascist dictatorship.

It seems our only legal recourse in partially rectifying this situation is to elect a Democratic President and an overwhelming majority in both Houses of Congress.

[PurpleChez]

66. Deutschland, Deutschland, über alles!

OK...can we call them Nazis NOW????

[jimshoes]

68. Which flag did these guys pledge alliegence to?

I'm positive it's not the same one I did all those years ago in grade school.

[WinkyDink]

70. Well, it's green, rectangular, and has pictures of famous American men on it.

Not to mention "New World Order".

[jimshoes]

75. I think I found it

[Martin Eden]

69. the Constitution is in CRISIS

Democrats, the fate of our nation depends on your courage to ACT. NOW.

[NYC Liberal]

71. "A Prince, whose Character is thus marked by every act which may define a Tyrant...

is unfit to be the Ruler of a free People."

--Declaration of Independence.

[Major Hogwash]

72. Bush is not the law - we are.

This country is a country for the people, by the people, of the people.

Not a country owned and operated by Bush.

[everydayis911]

73. So are they still

taking their 6 week vacation????????? And in the mean time we have to just hope that Dumb and Dumber don't attack us again and then dismiss the Congress and Senate. They have been standing by all this time letting Bush do anything he wants. Are they all that stupid that they don't see what's happening. But to them spending that quality time with their families is more important than our democracy I suppose. Bush will get away with this just like all the other shit he's been doing and congress will just roll into a ball and play along.

[Land Shark]

80. Conyers says his intent is to pursue inherent contempt see this thread ...

Conyers saying on impeachment "What are we waiting for? Let's take these two guys out!" This and other important details on inherent contempt and even election reform are at http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1390369