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Holy... It's Inherent Contempt or BUST, people. READ THIS

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yodermon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 01:57 AM
Original message
Holy... It's Inherent Contempt or BUST, people. READ THIS
They have COMPLETELY gamed the system. If Congress doesn't invoke inherent contempt, we are well and truly fucked.

...The house that issued the subpoenas can vote to hold non-compliant subpoena targets in contempt of Congress, but those charges are prosecuted only at the discretion of... the US Attorney for the District of Columbia.

Imagine that. In the middle of an investigation of how it came to be that the US Attorneys were prosecuting political enemies and coddling political friends, it's up to the US Attorneys to decide whether or not to prosecute their political friends for refusing to answer questions about the scheme that started the investigation in the first place.

Sounds fair.

But has the US Attorney ever done that before? Declined to prosecute a political friend on orders from the White House? Absolutely. The case was that of Reagan administration EPA chief Anne Gorsuch Burford in 1982.

And who was the White House counsel who ran the strategy? Why, it was Fred Fielding himself:

In 1982, during current White House Counsel Fred Fielding’s first stint in the position, the U.S. attorney declined to bring a contempt charge against a Reagan administration official, instead seeking an injunction against the House.


Thinking this executive versus legislative branch showdown will have to be resolved in the courts? Maybe even the Supreme Court?

Know who helped direct Fielding's legal strategy on the Gorsuch case?

Guy by the name of John Roberts.
:wow:

But I'm sure this time it'll work out great in the courts.


(by kargox at kos, http://www.dailykos.com/storyonly/2007/7/7/165658/2191
via the most excellent marcy wheeler at http://thenexthurrah.typepad.com/the_next_hurrah/2007/07/with-all-due-re.html )
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:02 AM
Response to Original message
1. Yup. recommended.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:06 AM
Response to Original message
2. Ridiculous. Those DAMN sons of bitches.
Edited on Sat Jul-21-07 02:07 AM by kgfnally
It's already decided.

That leaves inherent contempt. That procedure is quite literally the very, very last bastion of accountability.

No wonder the previous SCOTUS (here, pluralized) have upheld it.

But- 5-4. Thus, we can't even bank on that.

(If inherent contempt is overturned by the current SCOTUS, the US is a dictatorship by default.)
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HCE SuiGeneris Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:08 AM
Response to Original message
3. Is this a conspiracy theory?
Edited on Sat Jul-21-07 02:10 AM by BushDespiser12
Just asking 'cause I wonder if it should be in its own forum?
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flyarm Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 08:40 AM
Response to Reply #3
16. no theory...
Fielding was also part of the Nixon administration - some things never change.
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HCE SuiGeneris Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:47 AM
Response to Reply #16
17. I was carrying over (being facetious) from a previous
OP last night. The OP here is excellent and I am not questioning the validity of the conclusions... I could have been more clear.
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:19 PM
Response to Reply #16
60. they have their men in place don't they?
all the more reason for us to fight back. And damn there are more of us than them, does anyone think they have the capability to hold over a million people back, our military is tied up in Iraq. Now who has the power?
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everydayis911 Donating Member (134 posts) Send PM | Profile | Ignore Sat Jul-21-07 09:05 PM
Response to Reply #60
69. I'm afraid to think this
but China holds our debt and I wouldn't put it past Bush to let the Chinese Army handle the unruly ones. I think the USA as we know it has simply been stolen right before our eyes. Bush kept pushing and getting what he wanted and now I think it's too late to go back.
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:58 PM
Response to Reply #60
76. So Roberts was in like Flynn from a decade ago.
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sanskritwarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 01:41 AM
Response to Reply #60
88. Are you saying the military would defend them?
What exactly do you mean, "now who has the power"????
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FredStembottom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:02 AM
Response to Reply #3
19. What was that proposed forum?
"People Who Think There Might Be Some Trouble Somewhere"?

Whatever it was, let's get it started so threads like this can be vacuumed away.

DU is no place for glum thoughts!:sarcasm:
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HCE SuiGeneris Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:12 AM
Response to Original message
4. Great find. The subterfuge is astounding
in its depth and breadth...
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Sat Jul-21-07 02:17 AM
Response to Original message
5. Inherent contempt and impeachment. Or, come November of 2008, they can all go to hell.
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Guaranteed Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:47 AM
Response to Reply #5
12. Wikipedia on inherent contempt
http://en.wikipedia.org/wiki/Contempt_of_Congress

Inherent contempt

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited for contempt is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subject to punishment that the House may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.)

Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857. While Congress retains its "inherent contempt" authority and may exercise it at any time, this inherent contempt process was last used by the Senate in 1934, in a Senate investigation of airlines and the U.S. Postmaster. After a one-week trial on the Senate floor (presided by the Vice-President of the United States, acting as Senate President), a lawyer who had allowed clients to rip up subpoenaed documents, William P. MacCracken, was found guilty and sentenced to 10 days imprisonment. <1>

The Postmaster had filed a petition of Habeas Corpus in federal courts to overturn his arrest, but after litigation, the US Supreme Court ruled that Congress had acted constitutionally, and denied the petition in the case Jurney v. MacCracken, 294 U.S. 125 (1935). <2><3>

Presidential pardons appear not apply to civil contempt procedures like the above, since it is not an "offense against the United States" or an offense against "the dignity of public authority." <4>

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cureautismnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:41 PM
Response to Reply #12
74. Oh, great. Cheney would preside over the Senate trial.
"After a one-week trial on the Senate floor (presided by the Vice-President of the United States, acting as Senate President)." Is there any political game that isn't fixed by these evil bastards?

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FedUp_Queer Donating Member (679 posts) Send PM | Profile | Ignore Sat Jul-21-07 10:40 PM
Response to Reply #74
80. Only with a trial in the Senate
Since the subpoenas (Miers and Bolton) were issued by the House Judiciary Committee, the trials would be before the House and not the Senate. Cheney has nothing to do with it.
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cureautismnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 08:43 AM
Response to Reply #80
92. Yes, that's right.
With so many Bushco scandals being investigated by the House and Senate, I lost track of which particular subpoenas from each body were being ignored.

Perhaps, these two weasels can be imprisoned without obstruction. :woohoo:
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 05:32 AM
Response to Reply #5
14. Only they won't go to hell
they'll regroup and start scheming again. Arrest these MOFos by any means necessary.
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Sat Jul-21-07 01:08 PM
Response to Reply #14
32. I foresee that Bush will continue to show his ass to Congress and the American people.
Edited on Sat Jul-21-07 01:25 PM by Unreconstructed Lib
Impeachment is the only solution--double impeachment.
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Wednesdays Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:33 PM
Response to Reply #14
46. Indeed...
"...they'll regroup and start scheming again..."

Everyone thought they were finished in 1974. Look what happened in 1980.
Everyone thought they were finished in 1986. Look what happened in 1988.
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BrainGlutton Donating Member (202 posts) Send PM | Profile | Ignore Sat Jul-21-07 08:24 PM
Response to Reply #46
68. Everyone thought they were finished in 1992 . . .
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TomInTib Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:36 PM
Response to Reply #5
39. You're assuming that there will be elections held. I think you're mistaken.
With the PATRIOT Act combined with whatever-in-the-hell is in all of those 'signing statements', I will just bet that national elections will be suspended in the blink of an eye.
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Unreconstructed Lib Donating Member (133 posts) Send PM | Profile | Ignore Sat Jul-21-07 03:02 PM
Response to Reply #39
42. It's difficult to deny that they have no intention of giving up the reins of power.
That's why, ultimately, impeachment is our last, best hope.

But don't bother Nancy. She's busy working on her memoir.
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:59 PM
Response to Reply #39
77. And the MSM will tell us it's all okay; that, what the heck, Bush has BEEN President, so no harm, no
foul.

And any protestation will be called "treason".
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razors edge Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:20 AM
Response to Original message
6. Looks like we are left with only
God almighty to smite the defilers, and since his judgment is swift and decisive, this should all be taken care of by next Thursday.













:sarcasm:
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:23 AM
Response to Reply #6
8. The only recourse is impeachment proceedings.
Edited on Sat Jul-21-07 02:26 AM by JDPriestly
Gonzalez then Cheney then call the president himself. Impeachment is a constitutional process, and Congress has the authority to compel witnesses to testify in impeachment proceedings. There is no way out. The challenge for Congress is to select from the many crimes and misdemeanors of the Bush administration which to focus on. There are so many including the ongoing theft of Iraqi resources, which has not been mentioned thus far. Does the president have the right to authorize the plunder of the resources of another nation? I seriously doubt it.
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razors edge Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:54 AM
Response to Reply #8
9. "Does the president have the right to
authorize the plunder of the resources of another nation? I seriously doubt it."

Ever hear of the terms "Manifest Destiny" or "Monroe Doctrine"?

"You have no recourse to the law anymore.

And as the windshield melts, and my tears evaporate,

Leaving only charcoal to defend.

Finally, I understand - the feelings of the few,

Ashes and diamonds, Foe and friend,

We were all equal... in the end."

Last six lines of the last track of Pink Floyd's - The Final Cut.

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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:24 PM
Response to Reply #9
25. Past crimes do not justify present crimes.
What's your point?
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razors edge Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:53 PM
Response to Reply #25
30. My point was in reply to JDPriestly
stating "Does the president have the right to authorize the plunder of the resources of another nation? I seriously doubt it."



This is a country founded on genocide and slavery. Do you think little things like common decency or justice will ever really get in the way of fortune building?

Do you expect a criminal to respect the jurisdiction of state boundaries?
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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 01:46 PM
Response to Reply #30
35. So let's just throw up our hands and say "fuck it?"
Help me out here. I'm compiling a list of nations not founded on genocide and slavery.

What nations are on your purity list?

Thanks!
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razors edge Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:40 PM
Response to Reply #35
65. I have no purity list.
Deal with reality for yourself and don't look to someone telling it like it is to smooth over the facts and make all better.

Am I somehow the bad guy for stating simple fact?

A billion connected typewriters is having little to no impact on changing the repeated abuses of the privileged, blame me if it makes you feel better.



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AntiFascist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:32 PM
Response to Reply #30
45. The real issue should be that they lied us into war...
Obviously the purpose of that lie was to go after the oil and establish bases for future plundering. The Administration is blaming the CIA, but no amount of executive privlege should prevent Congress and the people from investigating what role our administration and other foreign entities tied to the administration played in generating the falsified CIA reports.
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Theduckno2 Donating Member (905 posts) Send PM | Profile | Ignore Sat Jul-21-07 04:33 AM
Response to Reply #8
13. I do believe that the Bush administration is feeling the walls closing in.
I have posted in the past that I supported investigation/oversight by Congress in lieu of moving directly toward impeachment.

It seems to me that this latest action by the Bush administration has forced the issue. I am concerned that the Bush administration has forced the issue on what it sees as the most favorable of terms. They may see a confrontation on the U.S. Attorney firings most winnable and subsequently a much needed political victory. As this country moves toward the 2008 elections it becomes much easier for the Bush administration to dismiss Congressional oversight/investigation as solely political machinations.

I do believe that, given this upping of the ante by Bush, some of the crimes of this administration can go un-investigated for now but I submit that we shouldn't limit ourselves to focusing on just one crime (yes, I know how sad that sounds). Initiating an illegal war, illegal wiretapping, and Gitmo tend to make the firing of 8 attorneys pale in comparison.

Whereas I am concerned that many of the spineless and weak would submit to this latest attack on Congress, I am also concerned that Congress could conceivably expend its energy in a futile attempt at one "hay-maker punch".
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Rhoads Donating Member (14 posts) Send PM | Profile | Ignore Sat Jul-21-07 10:58 AM
Response to Reply #13
18. Even time is against them.
they are out in 2009. nothing to protect them then. watergate was a sore for years after nixon resigned.
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Wednesdays Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:38 PM
Response to Reply #18
49. Yeah, 6 whole years
until the election of 1980. We've been awash in the neocon agenda ever since.
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:18 PM
Response to Reply #13
59. The Bush administration is not allowing investigation/oversight.
After Gonzales was caught in a series of lies, the Bush administration has closed up. Next thing you know, every document they ever prepared or exchanged or stored somewhere will be marked "confidential" "top secret," "classified." Bush is not only refusing to allow his aids to testify, but he apparently is not providing privilege logs for subpoenaed documents. A privilege log, as every lawyer knows, is necessary in order to allow a court to review specific documents or items to determine whether, indeed they are privileged. Bush is stonewalling the investigations/oversight. He is daring Congress to impeach because he thinks that the Democrats do not have the votes in the Senate to convict him. That is true at this time. But that is not what impeachment is about. If you read the Federalist Papers, No. 64, Alexander Hamilton explains that impeachment should start in the House. He anticipated that it would be difficult to get a conviction in the Senate. The impeachment process is the constitutional process for investigating and overseeing the conduct of the the officials including the president and vice-president. If the House finds sufficient evidence of high crimes and misdemeanors which Hamilton says are "denominated POLITICAL, ss they relate chiefly to injuries done to society itself."

Odds are supposed to be against conviction. The impeachment process is however the means for inquiring into the conduct of officials such as the president and vice president. Actually, the kinds of issues that the House Committees have been investigating really are more appropriate to impeachment proceedings than to just oversight proceedings.
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Wiley50 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:10 AM
Response to Reply #8
20. Cheif justice John Roberts Would Preside Over Senate Impeachment Trial
How many monkey wrenches could he throw into the proceedings
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ProudDad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:18 PM
Response to Reply #20
83. As Johnny Cochran would have said about roberts
Edited on Sat Jul-21-07 11:18 PM by ProudDad
"He'd just preside, he don't decide!"

The decision to remove would be made by the Senators...
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Decruiter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:23 AM
Response to Original message
7. Welcome to December 12, 2000. We are fu' ed. I wish it was not so.
Remember when the "decider" surrounded himself after his appointment with his new staff and "cabinent", promising to bring back integrity and honesty to the government? That was it. Everyone surrounding him were war criminals pardoned by Bush I. Did everyone miss it that day?

We were going to war as of December 12, 2000. Welcome back the BFEE, love them or leave them.
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Pachamama Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:23 AM
Response to Original message
10. Oh come on....its's just coincidink.....right?//
Holy Shit....I'm shaking....this is scary....the fix is in....
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:35 AM
Response to Original message
11. Hey, I posted this first !
Edited on Sat Jul-21-07 03:45 AM by Hissyspit
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1393397

...with the wrong link; I changed the subject line from a good one to an excruciatingly dull one; and I even managed to spell 'privilege' wrong. Think someone's telling me to get some sleep? Good that you rescued the article. Larisa Alexandrovna had highlighted it at her site, which is where I found it.

Funny thing is that even before I saw Marcy's post, I was running around the past couple of days thinking "They've gamed the system," "They've gamed the system."

Will Pitt posted about how everything they are doing indicates how much bad stuff they are hiding and he is right, but they also are not too much worried about it apparently because they HAVE gamed the system.

Really, I think the reason I did such a bad job on my initial posting is that I found it so upsetting, I didn't want to spend any more time looking at it then I had to. :scared:

IMPEACH!
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fasttense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 05:39 AM
Response to Original message
15. The bushes are forcing this issue into the dancing supremes' laps
because they know the black robed junta is going to protect them.

Come on, the supremes picked our president for us. What's going to stop them from picking our dictator for us?
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OnceUponTimeOnTheNet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:13 AM
Response to Reply #15
21. I liked this comment at TNH
snip
Clement: We know that Fred Fielding wrote letters suggesting Exec. Priv., but this is the BUSH administration after all...
Alito: So Bush really meant to properly invoke exec. priv.
Scalia: But that's just passingly stupid and doesn't do the job..
Roberts: So what Bush really really meant was to wait for the Grand Jury to be empaneled and issue a Pardon of the criminal contempt.
Clement: Yes.
Thomas:
Kennedy: So we're supposed to infer from Fred Fielding letters suggesting Exec. Priv. that Bush meant to issue a pre-emptive Pardon?
Clement: That's about the size of it.
Breyer: Then why didn't he just do that, then?
Clement: Well, this is the BUSH administration.
Kennedy: I'll have to think about that for a while.

end. The Thomas blank had me laughing. Monday looks to be an interesting day.
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:24 PM
Response to Reply #15
61. that is when if the SC is in the back pocket of this filthy administration
they need to be confronted too.
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doublethink Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:34 AM
Response to Original message
22. Just for the hell of it .......
"13": Thou art wearied in the multitude of thy counsels. Let now the astrologers, the stargazers, the monthly prognosticators, stand up, and save thee from these things that shall come upon thee." Isiah 47:13 .....

Interesting next year and a half we gotta deal with huh? More to the point, some very nervous and depressing moments were spent by myself and quite a few others here on DU when John Roberts and Samuel Alito got their nominations and confirmations to the Supreme Court back when. "Back in the Day' so to speak ha ha !! Anyway .... yea not a laughing matter. But what the hey, it is what it is. And like the little fishes in 'Nemo' at the end of the movie floating in their baggies back in the ocean asked .... now what? ........ :shrug: ........ Peace.
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peacetalksforall Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:03 PM
Response to Reply #22
23. Well, let's all feel worse when we recall who voted for them and
their commentary. Want to puke?
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SaveAmerica Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 01:30 PM
Response to Reply #22
33. Don't forget the scene when Nemo has all the fish work together to
get the net full of fish back down in the water - they all 'kept swimming' until the net was at the bottom of the ocean and the line attached to the boat snapped. Can we do the same thing if we get millions of people in DC on September 15 and don't leave until the line that connecting these idiots and our drowning country are severed? Masses of people need to give up whatever it is they're doing, your job, school, whatever won't be important if these goons keep this up.

SEPTEMBER 15 WASHINGTON DC IMPEACH CHENEY AND BUSH!!
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doublethink Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 04:42 PM
Response to Reply #33
54. Dorie the optimist ......


yea just "keep swimming", what else can we do? :thumbsup:
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 10:16 PM
Response to Reply #22
78. now what? Keep swimming.
That's all we can do.
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broadcaster Donating Member (105 posts) Send PM | Profile | Ignore Sat Jul-21-07 12:18 PM
Response to Original message
24. Fred Fielding was Nixon's deputy counsel under John Dean
..and of course Cheney was around during Nixon's years, to what we have here are
people who from Nixon days have been angling and planning to do what we see them
accomplishing today---the establishment of the unitary executive and the use of
presidential claims of executive privilege, very disturbing signing statements, and
a Department of Justice that will not enforce the law. Meanwhile, from Congress, we
see no action at all to deal with this.
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IChing Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:26 PM
Response to Original message
26. If they go any other route it will be" just for show"
where they can say "hey, we tried but what can you do?"
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me b zola Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:29 PM
Response to Original message
27. k&r
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BrainGlutton Donating Member (202 posts) Send PM | Profile | Ignore Sat Jul-21-07 12:45 PM
Response to Original message
28. Problem is, "inherent contempt" is a process outside the courts.
Therefore, while that would keep Roberts out of it, it would also not produce any definitive ruling as to whether and how far "executive privilege" applies in this investigation.

Another option would be for Congress to revive the Office of the Independent Counsel. See here: http://en.wikipedia.org/wiki/United_States_Office_of_the_Independent_Counsel

The OIC was created in 1978 in the aftermath of Nixon's abuses of executive power, and expired in 1999 after Kenneth Starr abused and defiled it. But it was a good idea to have an agency POLITICALLY INDEPENDENT OF THE WHITE HOUSE which could investigate/prosecute anyone up to and including the president. If Congress revives the OIC -- and if there are enough votes to override W's inevitable veto -- then the OIC could indict Miers for contempt whether Bush says yea or nay.
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 01:44 PM
Response to Reply #28
34. Not true. "Inherent Contempt" has been tested in the courts ... and would be retested.
There is abundant precedent and a legacy of SCOTUS rulings on Inherent Contempt. It's a falacy to presume that only the courts are influenced by precedent. If that were the case then concerns regarding the unopposed power grab by the Cheney/Bush White House in asserting unbounded "Executive Privilege" and over-reaching signing statements would have less impact on future Presidencies.

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BrainGlutton Donating Member (202 posts) Send PM | Profile | Ignore Sat Jul-21-07 03:34 PM
Response to Reply #34
47. You misunderstood me.
I did not mean that Congress' inherent contempt power is not supported by case law. I meant that it is a power they can use WITHOUT INVOLVING THE COURTS. The person charged with contempt would be arrested by the Sergeant at Arms of the relevant house; tried before that house; and punished by that house. That would end in Miers getting locked up, but it would not produce any authoritative COURT ruling on the scope of executive privilege as applied here, and Congress' position on that question would properly be perceived as simply Congress' position, carrying no more legal weight than the Administration's position.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 04:19 PM
Response to Reply #47
53. Hopefully, it wouldn't "end" with Miers being locked up.....
The goal is to get her to squeal and blow the lid off their "we have nothing to hide; we're just protecting the privilege principles" argument. No?
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Independent_Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 05:49 PM
Response to Reply #28
56. Damn! We really need the Office of Independent Counsel at this moment.
We need to pressure Congress to revive it.
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cureautismnow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:32 PM
Response to Reply #56
73. Unfortunately, I bet the slimeball Repukes would try to filibuster it.
Just like everything else that threatens their privileged way of life.
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spotbird Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:46 PM
Response to Original message
29. This scares them shitless
Not to invoke the current Presidential condition.

Someone on DailyKos pointed out that none of their web sites even mention it. They have no talking points on the issue at all, for fear that mentioning it will cause it to grow legs.

It isn't often that an idea scares them silent.
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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 12:58 PM
Response to Original message
31. Just happened to be on the 9/11 Commission also
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proud patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 01:49 PM
Response to Original message
36. How dare they do this to the American People
To the Constitution ...I am outraged .
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smoogatz Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:00 PM
Response to Original message
37. They're ALL in inherent contempt of congress, the Constitution
and the people of the United States. I hope they send the Sergeant at Arms to arrest every goddam one of them.
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Tab Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:13 PM
Response to Original message
38. And just how in hell is the Sargent at Arms supposed to get near the President?
Past the SS? (I mean "Secret Service" guys)

If Congress can't physically execute this, then how does it come to pass?
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Kablooie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:55 PM
Response to Reply #38
41. Simple, it doesn't. Bush people have certainly taken all this into account.
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TheMadMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:37 PM
Response to Reply #38
64. Well one could hope that when it came to an armed standoff...
...between the Executive, with Bush screaming he can do as he pleases and one or both Houses screaming back "Like fucking hell you can!" even the "Amurikan" public might actually take notice.

Not that it should go that far in the beginning. Many of those subject to these ignored subpoena's are now private citizens. I very much doubt that Bush (or his handlers) would send the SS to intervene in the arrest(s). Even Faux would be hard pressed not to see that as at least "A concerning development."
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Tab Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 10:39 AM
Response to Reply #64
94. If they're going to ignore subpoenas
They're sure as hell not going to let anyone near him to arrest him. If you think they can come up with excuses not to comply with subpoenas "executive privilege" crap, wait until you see the excuses not to be arrested.

It's sad, but it ain't gonna happen that way. There will be no "physical" conclusion to this.
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TheMadMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-23-07 05:10 AM
Response to Reply #94
96. I meant her in the first instance.
What are they going to do to keep her out of the Sgt. At Arms reach? Certainly no armed confrontation, that almost certainly would end in the Oval Office itself, congress's choice at that point would be moving forward to impeachment or locking its own doors. And if they try to hide her, and everyone else under subpoena even Faux might be forced to speculate whether they might be hiding something.

As for himself. We knows where he lives.


I suspect one of the major problems with this mess is that there are no good solutions. None that the Dems can make that won't back The Cabal into a corner where they have no choice but to go for broke. And none that Bush and his handlers can make without looking more and more guilty. And as I'm sure his handlers discovered a long time ago, they can't cut him loose because, Bush is not the sort to go alone, and his ego is such that he will try to take the biggest fish he can with him. Nor is Cheney for that matter, however, he would be far more selective about who he grassed up to win himself a better deal.

So right now we've got a bit of a standoff. Bush & Co can afford to wait and see if the Dems will blink. The Dems are, I think, betting the Administration won't go Banco unless forced, but WILL keep pushing and hopefully overreach themselves and force the Republicans to bring impeachment to the table themselves, or commit political suicide. A wonderful, bloody airy fairy everybody wins scenario, because of course it would never get that far. Bush would see the writing on the wall and resign gracefully.

Fat chance and still a stupid idea if it did work.


The ONLY solution which stands a chance of restoring the USA to what it was supposed to be, is to unravel the whole sorry mess right back to the days of Nixon and beyond, airing ALL of your nation's dirty laundry for the world to see. It will mean essentially dismantling your entire intelligence network and starting from scratch. It will mean the forced breaking up of media empires and other mega-corporations. Billions in compensation. It will mean going to the world on bended knee and begging for a chance that you don't really deserve.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 12:32 AM
Response to Reply #38
87. How can Congress physically execute this?
This is exactly my concern. From what I've read, the Capitol police would be the ones arresting people at the direction of the Sergeant at Arms. But what if they're no longer in DC? For example, is Myers even in DC anymore? If she is then surely she'll get the hell out of Dodge if people start talking seriously about inherent contempt. How does Congress physically arrest someone who's outside DC jurisdiction? Who does the Sergeant at Arms send to Texas or New Jersey, or wherever? U.S. Marshals? Not likely. FBI? Not likely. A bounty hunter?

If they do send somebody, would the local authorities cooperate or would they consider it a kidnapping attempt? Is there such a thing as a Congressional warrant? Would local authorities be confused as to whether or not Congress has the authority to order an extradition, especially when the President and the Justice Department are ordering otherwise? Could this come down to the decision of some State Supreme Court and, if it did, would the US Supreme's simply overule them like they did to Florida?

I like the inherent contempt idea, but I wonder if it really could be successful in the real world. Does Congress have an effective enforcement capability?
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Kablooie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 02:53 PM
Response to Original message
40. You gotta give the Bushies credit. They've done a heckava job perverting the system.
Edited on Sat Jul-21-07 02:54 PM by Kablooie
They spent their time trying to tie up all the loose ends that might bring justice and there are virtually no loose ends left.
Very admirable in a Sopranos kind of way.

Unless we have someone who's extremely knowlegable, capable, fearless, and damned clever, you aren't likely to see anyone in the Bush system brought to justice.
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OnceUponTimeOnTheNet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:16 PM
Response to Reply #40
43. All it will take is one forgotten loose thread to tug on.
And it will be some stupid inept thing they did that will finally bring to this Nation the Justice she has been waiting on.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:24 PM
Response to Original message
44. Fuck.
Just fuck.
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AzDar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:35 PM
Response to Original message
48. Jesus. WHO WILL STOP THEM????
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Knightly_Knews Donating Member (153 posts) Send PM | Profile | Ignore Sat Jul-21-07 05:17 PM
Response to Reply #48
55. We The People Will Stop them...
I see images of anarchy surfacing shortly if someone doesn't stop these fools.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 05:51 PM
Response to Reply #55
57. I don't know how many people actually understand what they are doing.
And have the willingness to fight it.
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a kennedy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 09:09 AM
Response to Reply #57
93. Most don't understand......and when you try to explain it, their
eyes glaze over and the "out to lunch" stare becomes evident. They just want the faux way of telling them, you know the shortest version so they don't have to think to much. *sigh* D*mn though, I keep trying to explain it all. :patriot:
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:29 PM
Response to Reply #55
62. we the people can stop them. there are more of us than them.
apparently our congress does not know the powers they can use to stop them, and we don't realize that we are the only ones who can rescue ourselves.
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wordpix Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:23 PM
Response to Reply #55
71. you are right---only WE can stop these asses! But what will we storm without getting shot?
It can't be the WH. Best bet might be covering t-shirts and going to the congressional hearings.
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Knightly_Knews Donating Member (153 posts) Send PM | Profile | Ignore Sun Jul-22-07 03:29 AM
Response to Reply #71
91. "We" Own the White House...
Edited on Sun Jul-22-07 03:30 AM by Knightly_Knews
And the pentagon, and congress and the senate.....
We could definitely March down the halls of Congress and the Senate.

If that doesn't work, we can Storm the gates of the White House..When one person storms the gates he is a crazy person, when a nation storms the gates, it's called a Revolution! If they start killing off innocent Americans, because we have had enough, then the rest of America will wake up.. Maybe.. They are sleeping pretty heavily....
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anitar1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 03:47 PM
Response to Original message
50. after trying them in the Congress, then impeach the SCOTUS.
They need to be thrown out too, stinkin' crooks all.
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Joanne98 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 04:16 PM
Response to Reply #50
52. The Congress can impeach the Scotus!
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Emillereid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 04:07 PM
Response to Original message
51. This is the point I made in a previous post - we can no longer rely on the
courts. The repukes have been stacking the courts for years -- there are federalist society nut-jobs throughout the judiciary -- it has to be inherent contempt AND IMPEACHMENT AND CONVICTION!!! And if you and I know this -- the Democrats in Congress must. If they go the normal contempt route expecting justice in the courts - - then they will reveal themselves as just plain stupid. For the sake of what little constitutional democracy we have left -- I pray they are not that stupid.
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paparush Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 05:54 PM
Response to Original message
58. Can't we just pop some popcorn and watch a movie...
....something....like...taxi...driver...
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motocicleta Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:09 PM
Response to Reply #58
82. You talkin' to me?
You talkin' to me? You talkin' to me? I don't see anybody else here. You talkin' to me?
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althecat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:29 PM
Response to Original message
63. Yes holy shit.... & since the option of unelection is also being sold-down the river....
Welcome to the age of the American Emperor.
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DutchLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 06:43 PM
Response to Original message
66. I'm sorry
If Congress doesn't invoke inherent contempt, we are well and truly fucked.

You are well and truly fucked. I'm sorry. :(
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bunny planet Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 07:53 PM
Response to Original message
67. I'm all for either 'inherent contempt', the appointment of an independent
Edited on Sat Jul-21-07 07:58 PM by bunny planet
prosecutor (after reviving the ability to appoint one) and I think I've also heard of the possibility of a civil case of contempt being brought before the courts by the Senate as an option. However, I don't necessarily agree that the Bush Crime Family has this thing all planned out that effectively. The US Attorney for DC would have to recuse himself no??? Also, I sensed desperation in Bush's ordering Harriet Miers not even to appear to claim executive privilege on the same day that Sara Taylor went in to claim the same privilege and screwed up so badly in her testimony. Its my understanding that the President has broken some law just by instructing Miers not to appear. She can claim privilege, but she has to show up to answer the subpoena and telling her not to is against the law. Someone over at TPM posted the statute that was violated, I posted it here that day but can't find it right now. Why, if Little Lord Pretzeldent is so confident he's got all his ducks in a row, why wouldn't he let Harriet just come in and claim executive privilege instead of flouting the law and not showing up at all. I think its because they know Harriet can't stand up to the pressure, she'd fold like a house of cards under scrutiny and they couldn't even risk her going in at all. I think they'd be very nervous about inherent contempt. So, let's do that, and appoint an independent prosecutor. Once they try to squash those moves, which I've no doubt they'll try, we immediately turn around and hit them with impeachment. Once that happens, stuff will come out fast and furious, these guys have made too many enemies, and pretty soon, lo and behold, we will have the votes in the Senate. Of course, Cheney and Gonzo has to be impeached first. I don't believe impeachment will take nearly as long as its rumored, I think that's just more catapaulting of the propaganda.

Oh, and we have to make it clear to our dear Congresscritters that are afraid impeachment will interfere with their fast track 2008 regaining of the WH and super majorities in both houses, that without it, an unchecked, unaccountable dictatorship without any further oversight will definitely interfere with that happening.
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 10:20 PM
Response to Reply #67
79. how long before they start suiciding people like Miers?
Seriously.
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wordpix Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:16 PM
Response to Original message
70. oh what a clusterfuck these repukes are puke, puke and repuke again
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everydayis911 Donating Member (134 posts) Send PM | Profile | Ignore Sat Jul-21-07 09:24 PM
Response to Original message
72. I think
our only hope maybe is for the UN to see the disaster unfold and somehow step in. I mean we are ALWAYS stepping in on some democratically elected official and replacing them. How come we can't get the same for Bush. Hell Saddam would have been more diplomatic than Bush. We Are So Fucked.
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VP505 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 09:54 PM
Response to Original message
75. I don't know how we
can do it but somehow we have to do a through Government house cleaning when we finally get a solid majority in both the House and Senate and a Dem President. All of Bu$h's appointees have to go and anyone who worked in any previous admin of Nixon, Ford, Reagan, BuSh 41 and Bu$h 43 need be removed as well. We must also refrain from resurrecting any of the so called experts from those previous admins and using them for ANY purpose, like bu$h has done with guys like Baker, etc.
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Gloria Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 10:56 PM
Response to Original message
81. AH...the benefits of "keeping one's powder dry".....CRAPOLA
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ProudDad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:20 PM
Response to Original message
84. Just arrest them
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Rosa Luxemburg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-21-07 11:32 PM
Response to Original message
85. Crikey!
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AJ9000 Donating Member (519 posts) Send PM | Profile | Ignore Sun Jul-22-07 12:19 AM
Response to Original message
86. Well that's 1 reason the 04 election was so important - judicial appointments.
They have much of the judicial branch in their back pockets at this point.

I believe a serious populist media could repair things though if we could ever create it.
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FourScore Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 01:44 AM
Response to Original message
89. Oh what a tangled web they weave! n/t
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Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 02:01 AM
Response to Original message
90. Conyers referred to inherent contempt in this thread yesterday on impeachment
Conyers on impeachment saying "What are we waiting for? Let's take these two guys out!" This and other important details on contempt and even election reform are at http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1390369

Then today he said on the radio he needs three more reps and then he will FILE impeachment, with or without Nancy Pelosi. See http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x3392226
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bbgrunt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-22-07 11:25 AM
Response to Original message
95. too bad nancy thinks otherwise/
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