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  #1  
Old 08-14-2007, 08:21 PM
sojustask's Avatar
sojustask sojustask is offline
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Mr. Rove Gets Out of Town

Editorial
Mr. Rove Gets Out of Town

Karl Rove, the architect of so much that has gone so wrong with the Bush administration, announced yesterday that he is leaving the White House to spend more time with his family. What he didn’t say is that by getting out of town he is also hoping to avoid spending any time at all with Congressional investigators.

Congress should not oblige.

The American public needs to understand the full story of how this White House — with Mr. Rove pulling many of the strings — has spent the last six and a half years improperly and dangerously politicizing the federal government. Mr. Rove is already defying one Congressional subpoena to testify about the United States attorneys scandal. He should be made to respond to that one, and should also be subpoenaed to explain his role in several other cases of crass politicization.

President Bush took a risk when he put someone so focused on politics as blood sport at the center of his White House. Once he did, he had an obligation to ensure that Mr. Rove understood that his job was to promote the interests of the American people — not solely the Republican Party. Instead, Mr. Rove used his position and power to relentlessly pursue his declared goal of a permanent Republican majority.

Mr. Rove appears to have been deeply involved in the decision to fire nine top federal prosecutors, apparently for either bringing cases that hurt Republicans or refusing to bring cases to punish Democrats. There is also mounting evidence that he turned nonpartisan agencies into campaign boosters, quite possibly violating federal law. Earlier this month, Attorney General Alberto Gonzales admitted that Justice Department officials attended political briefings at the White House, some led by Mr. Rove. Officials at the General Services Administration and Peace Corps, and even six American ambassadors, among others, were also given briefings.

Mr. Rove has stonewalled Congress’s legitimate efforts to investigate. Some of his key e-mail messages on the United States attorneys matter appear to have mysteriously disappeared, while others are being withheld with baseless claims of executive privilege. As for defying that Senate subpoena, some subjects might have been protected by privilege, but Mr. Rove’s refusal to show up at all is outrageous — although totally in keeping with his and his boss’s disdain for the separation of powers.

Mr. Rove failed his own party, as well as the American people, when he counseled President Bush to turn every serious policy debate — Social Security, the war in Iraq, even terrorism — into one more political dogfight. Today, despite Mr. Rove’s claims of invincibility, both houses of Congress are back in Democratic hands, Mr. Bush’s approval ratings are around 30 percent and many Republican presidential candidates are running as fast as they can away from the Bush legacy.

Mr. Rove can now contemplate that legacy from his home in Texas. But he should not get too settled in. Congress needs to use all its power to bring Mr. Rove back to Washington to testify — in public and under oath — about how he used his office to put politics above the interests of the American people.
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Old 08-14-2007, 09:07 PM
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Grim17 Grim17 is offline
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Re: Mr. Rove Gets Out of Town

I disagree with the first paragraph.

Rove leaving the administration, seems to me to make him more vulnerable to congressional subpoenas, not less. Even so, the reason he hasn't testified in the latest democratic fishing expedition, falls under the category of "lawyer/client privilege", and whether he is in the White House or at home, that still applies.



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Old 08-14-2007, 10:05 PM
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sojustask sojustask is offline
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Re: Mr. Rove Gets Out of Town

Quote:
Originally Posted by Grim17
I disagree with the first paragraph.

Rove leaving the administration, seems to me to make him more vulnerable to congressional subpoenas, not less. Even so, the reason he hasn't testified in the latest democratic fishing expedition, falls under the category of "lawyer/client privilege", and whether he is in the White House or at home, that still applies.
Lawyer/client privilege? Don't complain when the Democrats use it when they are in office. What's good enough for Repuglicans will become good enough for Dems.

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

Different circumstances (sort of) but making the same claim:


President's assertion of executive privilege amounts to claiming that any member of the executive branch, even former members who are not presently employed by the Executive, are immune to subpoena:

the House Judiciary Committee announced that Miers was set to refuse to appear at a hearing today. Miers's attorney, George T. Manning of Atlanta, said in a letter to the committee that the administration's assertion of executive privilege gives her "absolute immunity" from being forced to testify on Capitol Hill.


The Justice Department refuses to acknowledge the authority of Congress to pursue claims of contempt.

Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action."

But administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.

"A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case," said a senior official, who said his remarks reflect a consensus within the administration. "And a U.S. attorney wouldn't be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to happen."

The official, who spoke on the condition of anonymity because he was not authorized to discuss the issue publicly, added: "It has long been understood that, in circumstances like these, the constitutional prerogatives of the president would make it a futile and purely political act for Congress to refer contempt citations to U.S. attorneys."



So, the President's claim of executive privilege trumps federal law? Interesting.

This will be useful during the Hillary Presidency


Hmm.

Under long-established procedures and laws, the House and Senate can each pursue two kinds of criminal contempt proceedings, and the Senate also has a civil contempt option. The first, called statutory contempt, has been the avenue most frequently pursued in modern times, and is the one that requires a referral to the U.S. attorney in the District.

Both chambers also have an "inherent contempt" power, allowing either body to hold its own trials and even jail those found in defiance of Congress. Although widely used during the 19th century, the power has not been invoked since 1934 and Democratic lawmakers have not displayed an appetite for reviving the practice.


(Appetites can be whetted.)


Relevant supreme court case: MCGRAIN v. DAUGHERTY, 273 U.S. 135 (1927)

We are of opinion that the power of inquiry-with process to enforce it-is an essential and appropriate auxiliary to the legislative function. It was so regarded and employed in American Legislatures before the Constitution was framed and ratified. Both houses of Congress took this view of it early in their history-the House of Representatives with the approving votes of Mr. Madison and other members whose service in the convention which framed the Constitution gives special significance to their action-and both houses have employed the power accordingly up to the present time. The acts of 1798 and 1857, judged by their comprehensive ter.ms, were intended to recognize the existence of this power in both houses and to enable them to employ it 'more effectually' than before. So, when their practice in the matter is appraised according to the circumstances in which it was begun and to those in which it has been continued, it falls nothing short of a practical construction, long continued, of the constitutional provisions respecting their powers, and therefore should be taken as fixing the meaning of those provisions, if otherwise doubtful.


Bush is doing the same thing Nixon did in 1974.

Quote:
In 1974, Richard Nixon invoked executive privilege to keep from turning over his secret White House tapes. The Supreme Court ruled unanimously against him, he was forced to give up the tapes, and he eventually resigned his office in disgrace.
And by the way Cupcake, Clinton did the same thing.
http://query.nytimes.com/gst/fullpag...51C1A963958260



Bush stacked the Supreme Court in his favor ahead of time, lucky timing for him, so we now have a corrupt court as well as a corrupt Executive Branch.

He's doing a nice job setting things up for the Dems. You're gonna HATE that.


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When an honest man/woman who is mistaken learns the truth, at that exact moment, he/she ceases to be mistaken or he/she ceases to be honest.

When we are unable to find tranquility within ourselves, it is useless to
seek it elsewhere.
---= Francois de La Rochefoucauld



Last edited by sojustask : 08-14-2007 at 10:13 PM.
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