Letters to the Editor
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The Little Leaguers
It may be an embarrassing spectacle, but the inherent contempt power is the only thing congress can use to enforce its will to investigate the Executive Branch. If Congress doesn't act, it admits that it is just a bunch of kids playing silly games while the President does exactly as he wishes.
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this is it
this is the make or break moment for congress, as far as I'm concerned. If they do not stand up to this administration, I really don't know why they bother to show up for work. I'm sick of the "nice" democrats who appear to be willing to compromise with people who do not compromise. get it? I wish Jim Webb would get up in Bolton's face. If they democrats want to win, this is what they need to do for the public to think it matters if they are elected.
Democrats are certainly squandering any and all hope that voters put in the last election. If the democrats think they can wait out this administration, I have to wonder where they've been for the last seven years. I also wonder why politics takes precedent over the constitution.
to me this is like Al Capone's situation. The feds couldn't get him for things like murder, tho they know he was complicit, so they had to settle for income tax evasion. Except with Bush/Cheney it's war of aggression, geneva conventions, nuremberg principles and a power grab that seems counter to democracy. no matter what the talking heads say, people across the political spectrum have had it with this administration and want them to be reined in.
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Query
If Congress uses its contempt power to arrest and detain Miers, can they park her in Gitmo?
At least she'd be one of the minority to know the charges against her.
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what is legitimate?
One of the more interesting quotes in this article was from Dawn Johnsen, who says, "...but I think that it's right that if the president does legitimately assert executive privilege the president may direct the U.S. attorney not to prosecute someone who acts consistently with that assertion."
The problem is how do we know if it is a legitimate assertion of executive privilege, or not? If we take the president's word, then the executive branch can just start calling anything that goes on in that branch executive privilege, freeing everything from oversight. As it is right now, it appears that anything that the president doesn't want out in the open gets an "executive privilege" stamp put on it when anyone comes asking about it, legitimately or not.
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I kind of suspected this was the case
I have to admit, amidst all the outrage over the Bush Administration's move last week, I for one could not figure out how a US attorney was going to prosecute a contempt case arising from and relating to legal advise to the contrary of his assertions, emanating from his own Justice Department. I suppose it's possible, but you'd have to sequester one half of the Justice Department from the other half. I think what this situation has illustrated is that our system of checks and balances is not so inherently perfect as our 8th-grade civics book led us to believe, that it is vulnerable to someone who is obviously hell-bent on acquiring and maintaining power, and that a legislative fix appears to be necessary. Couldn't this all be remedied via a statute providing for a special independent prosecutor in exactly this type of situation? I know we all cringe when we hear the words "independent prosecutor," but isn't that what this situation was made for?
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Delores Umbridge
Does anyone else think that Harriet Miers and Delores Umbridge are soul mates or seperated at birth or something?
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Jan 2009
For some reason, both parties in this country have the silly notion that once an administration ends, the book is closed on all its misdeeds. Even if the Bush administration prevails in this sickening power grab, Harriet Miers should be prosecuted by the next administration for the contempt citation. Admittedly, this will only work if a Democrat wins though if Congress wants to graduate from Little League, they could refuse to confirm any new US attorney who does not promise full prosecution of all Congressional contempt citations.
Bush directing US attorneys not prosecute people who are involved in covering up his crimes seems like obstruction of justice to me. Seems like felony investigation of this order should start Jan 2009.
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I hate to belabor the point, BUT
the legislative branch is FIRST among equals, NOT the executive. The Framers were clear about this, they had just deposed a monarch and were in no hurry to set another in his place. And so recognizing that the Congress is the only branch of government directly elected by the people (judges are appointed and the president is elected by the electoral college) they gave the Congress the power to remove ANY officer of the executive or judicial branches.
This was based upon their understanding of human nature, and of the history of the English monarchy. In 1648, Charles I made claims astonishingly similar to the absurd claims of unitary executive power being asserted by Bush and his minions, Yoo and Addington.
Bush says God selected him, and he says that his powers may not be challenged as Commander in Chief. Poppycock and rubbish. Charles Stuart claimed he ruled by Divine Right and that the King Can Do No Wrong.
Parliament, and the strong right arm of Oliver Cromwell, disabused Charles I of his foolish notions by lopping off his head in 1649. This argument has already been decided.
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NO! The House of Representatives can cite Bush Directly for contempt
without the justice department's help
and they can then imprison him in the congressional jail
until he cooperates....
ea
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Congress has all the tools it needs
When Congress refers a contempt citation to the U.S. Attorney for the District of Columbia, Title 2, Section 194 of the U.S. Code requires that it be presented to the grand jury. It is an explicit duty, imposed by statute, duly passed by Congress and signed into law by the president. The method by which Congress can force the U.S.A. (or any government official) to do his ministerial duty is by writ of mandamus. I would love to see the Bush administration argue that it is not subject to orders by a U.S. District Court.