Marjorie Cohn: Bush's Executive Privilege Stonewalling: What Will Happen Next?

[Hissyspit]

http://www.alternet.org/stories/57888

Bush's Executive Privilege Stonewalling: What Will Happen Next?

By Marjorie Cohn, AlterNet. Posted July 27, 2007.

If Bush keeps ignoring the separation of powers, Congress has a few options, including imprisoning witnesses who refuse subpoenas in the Capitol basement.

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There are already signs that Bush will refuse to allow his Justice Department to enforce congressional contempt charges. Senate Judiciary Committee Chairman Patrick Leahy responded angrily, saying, "By acting above the law, this President and Vice President seek to override the independence of law enforcement and manipulate our valued system of checks and balances," adding, "an independent review is probably in order." It remains to be seen whether Congress will match its rhetoric with its votes.

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Chairman Henry Waxman and ranking Committee Republican Tom Davis wrote a letter to White House Counsel Fred Fielding, which said: "The Committee hearing (on Tillman's death) ... raised questions about whether the administration has been providing accurate information to Congress and the American people about the ongoing war in Iraq and Afghanistan."

Congress has three options. First, if a majority of the judiciary committee and the full chamber agree, they can issue contempt citations and then certify them to the United States Attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action," according to a federal statute. But in spite of that statute, the White House will reportedly forbid the Justice Department from pursuing contempt charges.

Second, Congress could invoke its own "inherent contempt" power, direct the Sergeant-at-Arms to arrest the recalcitrant witness, and imprison her in the Capitol basement. This power was last used in 1934.

Finally, Congress can hire counsel to enforce the subpoenas in civil court.

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[HuffleClaw]

1. how can the justice department refuse to enforce the law?

i'd imagine their oaths of office are to the constitution, NOT the president? wouldn't to NOT act on congress' behalf put gonzalez at risk as well?

[bdamomma]

2. inherent contempt!!!! round them all up they are criminals!!