Emptywheel: Bush Did NOT Invoke Executive Privilege for Rove

[deminks]

http://emptywheel.firedoglake.com/2008/07/10/bush-did-not-invoke-executive-privilege-for-rove/

(snip)

Note the date of the letter: July 1, a full week before Fred Fielding wrote his letter to Luskin telling him Rove didn't have to show up. So Luskin used the phrase Executive Privilege, sure, but he used it well before the White House actually contacted him officially about Rove's appearance. So how could Luskin's reference to executive privilege have any validity, if he hadn't even spoken with the White House before he used it?

Now look at the letter Fred wrote Luskin and the letter Luskin sent to HJC. Go ahead look closely. Do you see the words "executive privilege" anywhere in either of those two letters?

It's not there.

For that matter, check out the memo Steven Bradbury wrote last year rationalizing why Harriet Miers didn't have to show up--which is what Fielding cites to justify Rove's absence today. Look closely. See any mention of executive privilege in that memo? Nuh uh. It's not in there, either.

(end snip)

Well, that is a fine whine, if I ever saw one.

[annabanana]

1. Since he above ALL laws, I guess he didn't feel the need.. . . . .n/t

[kenny blankenship]

2. He knew Democrats would do it for him anyway

[Supersedeas]

6. didn't Nancy Po-Po invoke some sort of Privilege of the Elite for him

[JBoris]

3. Its the wrong argument either way, exec. privilege is BS....

1) The repub congress forced the secret service to testify against Bill Clinton
2) Separation of powers is supposed to create over-site, not immunity from law

[malaise]

4. That's why he's skipped town n/t

[deminks]

5. kick for those who haven't seen.

[baby_mouse]

7. What you appear to be suggesting is that exec privelege was handed over on a silver platter

... BEFORE it was asked for, thus that the subpoenas and impeachment articles and contempt citations are produced by the Dems and then deliberately undermined only to distract the progressives and discourage them.

[deminks]

8. The lawyers are trying to create a false sense that exec privilege has been invoked by the Smirk

when it hasn't. The press has fallen for it, or been told to fall for it, whatever. Rove has no leg to stand on, no crutch to lean on, no cover, no umbrella. He just left the country while ignoring a subpoena. No different than you or me. We would go to jail. We shall see what happens here. Congress may be trying to protect him, but it ain't the Smirk in this case.

For Smirk to invoke executive privilege, it would imply that Rove was advising Smirk on the Siegelman case. Which probably happened, but the Smirk doesn't want to admit that.

For now, this is all word games from the lawyers. Bushco creates its own reality.

All of this is IMHO.