Solicitor General’s Legal Advice To Pres. Bush: Don’t Comply With Subpoenas

[L. Coyote]

June 28, 2007
Solicitor General’s Legal Advice To Pres. Bush: Don’t Comply With Subpoenas Over U.S. Attorney Firings
http://www.gonzaleswatch.com/2007/06/28/solicitor-generals-legal-advice-to-pres-bush-dont-comply-with-subpoenas-over-us-attorney-firings/

Solicitor General Paul D. Clement advised President Bush yesterday that there was no need for him to comply with subpoenas from the House and Senate seeking documents and testimony from current and former White House staff over the U.S. Attorney firings scandal.

“It is my considered legal judgment that you may assert executive privilege over the subpoenaed documents and testimony,” he advised.

==========================
QUESTION: Does the SG now have to recuse himself from appointing the Special Counsel investigating any matters at issue in his opinion?

Oh, what a tangled web of deceits...

[malaise]

1. Schumer already dropped a hint n/t

[myrna minx]

2. That is a very good question. I just can't keep up with all of the obfuscation. n/t

:crazy:

[babylonsister]

3. And this is the guy who's supposed to pick a special counsel? nt

[L. Coyote]

4. Here are the 8-pages of legal advice and reasoning from Clement to Pres. Bush:

http://www.gonzaleswatch.com/2007/06/28/solicitor-generals-legal-advice-to-pres-bush-dont-comply-with-subpoenas-over-us-attorney-firings/

[Ilsa]

15. I wonder who had to summarize this into a five word sentence for Dumbya? nt

[ljm2002]

20. "Solicitor General and Acting Attorney General"

Huh? Is that his current status -- that would imply Gonzo is not Attorney General at the moment? Or does it just mean that he (Clement) is designated as Acting Attorney General whenever the real Attorney General is out of town or whatever?

[Norquist Nemesis]

21. EXCELLENT CATCH!!!

Not sure what exactly that would mean. I figured that Deputy Atty Gen. McNulty would take over as Acting, just like Comey did for Ashcroft. When Gonzo was asked about Fitzgerald coming before the committee, he said that McNulty would make the determination because he (Gonzo) is recused on the matter.

Strange.

[L. Coyote]

22. Both the AG and the DAG are recused from matters being investigated

in which they may have acted criminally. Since they were involved in the firings and the firings are under investigation, they cannot be involved. So, in some matters, someone has to act in their stead.

All this further argues for their removals, of course.

That said, there is a real question here. Is AGAG still functioning as AG, or just as a figurehead?
Is his only role to keep his finger in the dike and his mouth shut?

[marylanddem]

5. More and more like Watergate...Praying for a John Dean to emerge

from the heavens...

[Botany]

6. And Clinton had to turn over everything because of Monica?

The U.S. Supreme Court ruled that lawyer client confidentiality
did apply to The President in that case.

**********************************************

They (The Whitehouse) must be trying to hide something that is leathal
to them ... my guess is that the U.S. Attorneys were used as "hit men" for
election rigging.

:popcorn:

[KharmaTrain]

7. Off To Court We Go...

We're seeing cards...how the DOJ will or won't clean its own house and how politicized it is. Clement just showed his true stripes and is now recused. This puppy is going up the ladder as I'm sure Leahy will push it to the appellate and the stage will be set on Executive Power. This also means that if the DOJ isn't going to enforce, Congress must now push for Inherent Contempt and have the grounds to do so.

[L. Coyote]

10. With the SG defending the Executive or the USG? WHAT a MESS legally.

[KharmaTrain]

18. Yep...Where The Rubber Meets The Road

This is unmasking how deep the partisan grip on the DOJ has gotten...and best we know it and confront it head-on. Any respectable prosecutor would resign...like we saw in the October surprise in '73, than to compromise the DOJ by taking sides in a separation of powers battle. We needed to know this and see it. Most of us expected this would happen, but you can't do anything until it actually does. Now another gauntlet has been thrown...and I'm sure Leahy, Conyers, Schummer and others have anticipated this. Now, let's see what their next move is.

[Beetwasher]

8. The Senate Does NOT Expect Him To Appoint A Special Prosecutor

They are going through the process as they must, but I believe once the SG denies appointing one then the Senate can say that because of the obstruction of justice at every level they are left w/ no choice but to pursue impeachment of Gonzo. They will refer it back to the House, who will vote to impeach, and then Gonzo will be tried in the Senate.

[L. Coyote]

13. At some point it becomes unavoidable and necessary to impeach #1 and #2

Can America say "President Pelosi"?

[lovuian]

14. I think they are pursuing every course to see all the players

in this cabal that has entered the whitehouse

I would remind the whitehouse that 75% of Americans are angry with this administration and Iraq War loss and Katrina and 911

[damntexdem]

25. Are the Bushistas planning a coup?

Could they pull it off?

[L. Coyote]

26. More like: "Are the NeoCons a coup?"

[BeFree]

9. Yep

Oh yeah

They are digging in deeper and deeper.

The question is: What are they hiding? I mean, c'mon, they are acting like common criminals. Low life.

Just what did they do - when they fired the attorneys - that they are trying to hide?

[L. Coyote]

16. U "Just what ... are trying to hide?" Illegitimate government.

Election 2000 = stolen. It all starts long before this though.

The Arkansas Project was part of stealing Election 2000. Some of the players in the Arkansas Project show up in Florida for the "Recount Project" litigation. Some of the Supreme Court clerks/attorneys show up on the litigation team in Florida. Someone on the litigation team in Florida shows up on the Supreme Court.

Bush vs. Gore, the 'Arkansas Project,' the USA firings, and the Swiftboat Admiral
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1029113

Just what are they trying to hide? DON'T GET ME STARTED!

[BeFree]

19. No way

They stole the election? No way. Everyone knows that elections would never be stolen, not in America. There must be something else....

[L. Coyote]

24. INDEED! At some point, this history must be faced too.

Everything about our history that follows on the inauguration of GWB must be viewed as resulting from the illegal purging of Florida voters by Republicans.

We have to consider that 9/11 might not have happened, except that Republicans steal elections by any means possible.

The only thing about imagining a Gore presidency that shatters the dream is V-P Joe! What a stupid choice that was.

[Virginia Dare]

11. That dog won't hunt anymore...

Even Cheney knew the jig would eventually be up, which is probably why he had a shredder truck parked at his house..

[quiet.american]

12. Hmn -- and this is a different person in the post than the one Comey called to watch his back.

Makes me think even more that the "considered legal judgment" of Mr. Clement is no doubt on a par with the "considered legal judgement" of Miers and Gonzales.

[MazeRat7]

17. Well if his SG is as competent as others in the admin... chimpy is toast. -nt

[L. Coyote]

23. AG Ashcroft: "MY DEAR MR. PRESIDENT" = Executive privilege may properly be asserted

http://www.usdoj.gov/olc/executiveprivilege.htm

ASSERTION OF EXECUTIVE PRIVILEGE WITH RESPECT TO
PROSECUTORIAL DOCUMENTS

Executive privilege may properly be asserted in response to a congressional subpoena seeking prosecutorial decisionmaking documents of the Department of Justice.

December 10, 2001

THE PRESIDENT
THE WHITE HOUSE

MY DEAR MR. PRESIDENT:

I am writing to request that you assert executive privilege with respect to memoranda from the Chief of the Campaign Financing Task Force to former Attorney General Janet Reno recommending that a Special Counsel be appointed to investigate a matter under review by the Task Force, memoranda written in response to those memoranda, and deliberative memoranda from other investigations containing advice and recommendations concerning whether or not particular criminal prosecutions should be brought. The Committee on Government Reform of the House of Representatives has issued subpoenas to me demanding these documents ......

[L. Coyote]

27. kick to get it out there once more.

[VP505]

28. Unbelievable,

talk about circling the wagons, give them credit, they sure know how to bob and weave, obstruct and run interference, all the while I would bet the shredders and drive cleaners are working overtime. Its really astounding,makes the Nixon bunch look like rank amateur's they must be hiding something really big.