Yesterday, the White House was supposed to turn over documents relating to the fired U.S. Attorney scandal that were demanded in subpoenas from the House and Senate Judiciary Committees. Instead, President Bush gave Congress the finger.
Invoking executive privilege, Bush won't comply with the subpoenas because he fears he won't get candid advice from advisers if they fear having to testify before Congress about their advice.(The Hill) Other presidents have used similar arguments including Nixon, who didn't want to turn over those incriminating Watergate tapes.
Senate Judiciary Committee Chairman Patrick Leahy's commented:
"This is a further shift by the Bush Administration into Nixonian stonewalling and more evidence of their disdain for our system of checks and balances.... They cannot stonewall congressional investigations by refusing to provide documents and witnesses, while claiming nothing improper occurred." (Press release)
The White House keeps claiming that is has offered to cooperate by letting aides testify -- but only if they aren't under oath and if no transcripts are made (Washington Post). Translation: the aides can talk to you, as long as you can't hold them accountable if they lie (perjury charges apply only to statements made under oath).
As well as documents, the Committees' first round of subpoenas, issued two weeks ago, require sworn testimony from former White House counsel Harriet Miers and former White House political director Sara Taylor. The process in the subpoena showdown is as follows:
"Leahy said he would review the assertion of executive privilege, a step he must take before pursuing a contempt of Congress citation. To consider such a citation, Leahy or Conyers must issue a ruling on whether the claims of executive privilege are valid, and direct the White House to comply....
"If the White House were to refuse to comply with such a ruling, the Judiciary Committee could bring up a contempt citation, which requires a majority vote in committee and a majority vote in the full Senate or House. If either chamber approves a contempt citation, it would be referred to the U.S. attorney’s office for the District of Columbia for a grand jury indictment, which, in an ironic twist, the Department of Justice (DoJ) would be called on to enforce." (The Hill)
I suppose Attorney General Alberto Gonzales might diligently attempt to enforce subpoenas against the President who appointed and stood by Gonzales despite his obvious performance problems -- if it ever gets that far.
President Bush could challenge the subpoenas in court, which Senator Arlen Specter (R-PA) thinks could take longer than the year and a half remaining in Bush's term (WaPo).
Just two days ago, the Senate Judiciary Committee issued subpoenas to the White House, Vice President, Justice Department and National Security Council relating to the Administration's illegal wiretapping program. At this point, all I can say is Good luck.
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