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Executive Immunity and Congressional Subpoenas

by: edgery

Mon Jun 23, 2008 at 14:36:22 PM EDT


(I'm just shaking my head at this Administration... - promoted by poligirl)

Among the many events happening today in Washington DC is the hearing on whether the legislative branch of our government has any power over the executive branch.  In the instant case, the issue is whether the White House must comply with subpoenas issued to White House staff (former counsel Harriet Miers and CoS Josh Bolten) to appear before the House Judiciary Committee to testify regarding the nine fired U.S. attorneys.

Here's a summary of today's doings from The Progress Report, out of the Center for American Progress Action Fund:

edgery :: Executive Immunity and Congressional Subpoenas
ETHICS -- WHITE HOUSE TO ARGUE IT IS IMMUNE TO SUBPOENAS: Today, the refusal Bush administration's to honor House Judiciary Committee subpoenas compelling White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers to testify, will be considered today in federal court. The committee is seeking information into the 2006 dismissal of nine U.S. attorneys, but the White House claims that executive privilege allows the White House to ignore subpoenas, asserting that the executive branch has "absolute immunity" to congressional subpoenas. The House will argue that the Bush administration "is seeking to expand presidential power in a dramatic fashion, one that cannot go unchallenged by Congress." An array of "former U.S. attorneys, watchdog groups, congressional experts, and current and former lawmakers" have filed briefs supporting the House's position. The lawsuit came after Attorney General Michael Mukasey ordered the Department of Justice to ignore the House's contempt citations. Oral arguments today come just two days after Bush again asserted executive privilege, this time in refusing to hand over documents related to an investigation into whether the administration has "pressured the Environmental Protection Agency to weaken decisions on smog and greenhouse."

So, on top of getting the House to cave on immunity for the telecoms in the FISA bill and to protecting Americans from government invasion of privacy, the White House continues its unrelenting march to dismantle even the most basic checks and balances against executive power.

To all of us (including myself) who continue to call George W less than brilliant or worse, he has in fact done a superb job of creating an imperial Presidency -- something no other president has tried or at least accomplished to this degree in over 225 years.

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Do you want to remind me (3.00 / 8)
why we have a Congress again...oh yeah to protect the repugs...I don't know if this is a snark or not.

The last time anyone approached having this much power (3.00 / 7)
was Lyndon Baines Johnson, and he seemed to have the inside goods on everybody. I wonder if this, again, is the case.

Methane is carbon dioxide on steroids, and global warming is uncapping a methane soda bottle in the subsea Arctic.

The difference was that LBJ used old-fashioned arm twisting (3.00 / 6)
and maybe blackmail.  He didn't entrench executive power through legal opinions or executive signing statements.  I'm not a legal scholar or presidential historian, but I don't believe any president has ever made such a broad and blatant power grab.  Even during WW I and II, there was at least some acknowledgement that extraordinary powers were not the norm and were the result of the specific situation.

Our lives begin to end the day we become silent about things that matter. MLK Jr  

[ Parent ]
You are right, the arrogance is breathtaking (3.00 / 5)
I suspect Johnson might have had FBI Head Edgar J. Hoover doing unlawful stuff. One of these years, I want to read Hoover's biography to delve into what all he was up to. But Johnson, at least, had the decency to bow out after he made his tragic mistakes.

Bush and his people demonstrate a total inability to admit to mistakes. They combine state of total denial of mistakes made with extreme disdain for regular people. A reporter from ABC News had told Dick Cheney, in regards to Iraq, "two-thirds of Americans say it's not worth fighting." Cheney cut her off with a one-word answer: "So?"

That was Cheney's "let them eat cake" moment.  

Methane is carbon dioxide on steroids, and global warming is uncapping a methane soda bottle in the subsea Arctic.


[ Parent ]
thanks, Kevin (3.00 / 5)
we all appreciate your spreading the word.

Our lives begin to end the day we become silent about things that matter. MLK Jr  

[ Parent ]
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