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Senate Dems: Let's Talk

Following House Democrats yesterday, Sens. Chuck Schumer (D-NY) and Dianne Feinstein (D-CA) held a press conference today to send a simple message: let's talk.

As Schumer put it:

I hope the White House recognizes a ten letter word, C-O-M-P-R-O-M-I-S-E. That’s what its all about. And now both parties at this end of Pennsylvania want to sit down and negotiate, but we’re waiting for the White House.

Schumer pointed to Sen. Arlen Specter's (R-PA) proposal to the White House yesterday as an indication that both Republicans and Democrats thought the White House offer of a private meeting with no oath and no transcript was unacceptable. Specter proposed to allow the aides to be questioned publicly by just a limited number of lawmakers without putting them under oath. "When you have the lead Democrat and the lead Republican closer to one another than the White House is to either of them, it really puts a burden on the White House," Schumer said.

Sen. John Cornyn (R-TX) -- who's said he doesn't see what "all the hubbub is about" -- met with White House counsel Fred Fielding today to discuss the dispute.

Update: More from Sen. Feinstein:

“This is not going to go away. It’s not going to diminish. We are very serious in the pursuit of truth here. And there is only one way that we are going to get that truth. And that is in the open with a transcript, so that everybody can hear the same thing....

“What has really surprised me is the defensive mode of this White House. It’s not really called for. This is all within our right. We are the supervisory body, the oversight body. We have the right to ask these questions, we have the right to issue these subpoenas. And the stonewalling of it, I don’t think achieves anything other than encourage the American people to believe that where there is smoke there really is fire.”


71 Comments

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Under oath or not at all. Anything less only offers the crooks at the WH political cover.

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Draw 'em in, then quarter 'em.

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Er, if Sen. Cornyn doesn't understand what all the hubbub is about, why did he meet with Fielding? Was he hoping that Fielding could explain it to him?

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Understand what Schumer is saying, but I think Specter's 'question publicly but not under oath' is not so close to what Dems should be saying - of the various elements of the deal -
1. question, vigorously
2. publicly
3. all vs some lawmakers
4. under oath
5. with transcript
only 2 and 3 should be negotiable

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Under oath. Period. End of discussion.

Didn't Republicans sell warrantless wiretaps and every other violation of the Bill of Rights with the red herring, "if you have nothing to hide...." why is it a problem?

Well, then I say if Rove and Miers and Sampson have nothing to hide, why not testify under oath? An innocent man shouldn't fear the law, should he?

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Put them under oath, with a transcript. No wiggle room, else you know they'll claim a legal loophole somewhere and spin it to death. This charade by the bush administration is pathetic.

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Though the oath is certainly symbolically important, my understanding is that it doesn't make a difference legally. Oath or no, lying to a Senate Committee is a crime. I'd prefer a public hearing, because it'd be a nice reminder that we're supposed to be living in a participatory democracy. The transcript is the absolute deal-breaker, though. If they can't get the hearing on record, it's worthless.

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Under Oath and Publicly! That is the ONLY way this can go down. Anything else is unacceptable!

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Under oath or not at all. Don't let these guys get away with it, Mr. Shummer. Under oath or not at all.

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gcs has it exactly right...

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UNDER OATH, UNDER OATH, UNDER OATH!!!!!!!!!!!!! I swear to God, if the democrats compromise on that one point AT ALL - even a little bit - I am going to scream!

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I'm with questiontime. No compromises now. The country has lost too much already in blood, treasure and national myth.

Why compromise with the White House? Doing so has NEVER redounded to the best interests of the Dems or, more importantly, the country. And I think it's important to send a message to these jackasses, just as Boxer did to Inhofe, that they're not in charge anymore, that, quote a great movie, "judgment cometh and that right early."

Seriously. In public. Under oath. Records kept. Any committee member there who wants to be. C-SPAN cameras.

Do not compromise on any of these.

Not. One. Inch.

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As long as the C*O*M*P*R*O*M*I*S*E is done by the White House, fine. If the Senate Dems cave on the imperative of getting testimony under any circumstances varying from the historical norm --public, under oath, with a transcript -- I will scream. Are the Dems now reverting back to their lily-livered acquiescences of the recent past? History is on our side, the law is on our side, and the American public is on our side. Check out the new Pew Research poll at:

http://seattletimes.nwsouce.com/html/nationworld/2003631864_goppoll.html

The Republican machine is broken. If Congressional Dems cave in on this afer putting up this hard a fight, they aren't worth saving, and we will see the next Pew poll saying "goodbye Democrats" and "hello third parties."

I'm calling Schumer's, Feinstein's and Leahy's offices now. It's really pathetic how much these people need to have us babysitting them and pushing them to do the right thing, every step of the way.

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Agree completely with mr./ms. 'questiontime'. It needs to be recorded and made public somehow - but it needs to be entirely under oath.

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This is what I just do not understand:

Why are politicians so afraid to tell the truth?

Now I know that's a tempting opportunity to poke fun at politicians but I'm being serious. I'd like to ask each and every representative in Washington why they hate being honest. If a person has done nothing wrong they have nothing to fear. If a person has been honest they'll never be caught in a lie. Did none of them have a decent mother or father that told them that lying was wrong? And I won't even get into the how religion views and judges people who are deceitful...and many of these politicians wear a flag on one lapel and a cross on the other. >.>

Not being under oath should not even be an option. They should ALWAYS be under oath. And meeting behind closed doors is criminal in and of itself. The last time I checked they are "public servants" and as a member of that public I want some answers, some PUBLIC answers...and some HONEST ones too.

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I think it has to be public, under oath and transcribed.

They also need to be subject to recall; especially Rove, who always needs 4 or 5 visits before he remembers eveything.

There could be one advantage to transcribed, private, sworn and separate testimony, and that is that no one who appears will have the benefit of knowing what the others were asked, or how they answered. Conduct it like a grand jury, but make sure there are some teeth that can bite, and bite hard.

Perfect - my verification code is "Snake."

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Look at John Cornyn run to the White House to get tips on undermining the rule of law and obstructing juctice. Disgusting.

The compromise is you come and testify under oath because that's the way we do things when Congress investigates. Because the WH has made the 'oath' an issue you can't drop it now. It would be like giving them permission to lie to your face.

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Really, if they feel they can't tell the truth they just need to invoke their 5th amendment rights. It's that simple. We have a Constitution, why don't we just follow that. What? we're above the law?

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What's unreasonable about the Dem position? Why should they be compromising?

Is Bush compromising on the Iraq $$$ bill?

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I can deal with it happening without the cameras running, which blows away the 'political spectacle' bullshit -- and might even prevent one or two perennial grandstanders getting sidetracked, naming no Bidens.

I want oaths and a transcript, with a recording to be held only if there are disputes over the transcript. Leahy's made the point that testifying under oath helped 'concentrate the minds' of key players during the CIA leak investigation. We should demand no less.

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gcs at 4:00 PM, good point. The GOP sold infringement on privacy as "if you've got nothing to hide..." arguments.

Time to throw it back in their faces. If the Bush administration has nothing to hide, what's the problem with testifying in the open, under oath?

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Absolutely under oath, with transcript. What is the argument against this??

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There should be trstimony under oath, in public and open to the both parties on the committee. Democrats shouldn't fear the White House or their threats.

While the Dems in the House are crowing about receiving a mandate from the American people regarding extricating ourselves from Iraq, we shouldn't lose sight of the fact that Dems won overwhelmingly won because the American public was sick and tired of Republican scandals and corruption. Backing down, even one iota, is a poke in the eye to Americans who voted for cleaner, more transparent government. I hope the Dems abide by the public's wishes and not back down on this.

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Under fucking oath with a video recording and a transcript, or we'll see you in federal court, where precedent is WELL on our side. Treat it like a god damn deposition. How hard is that?

I swear, these babies will cry about anything. Clinton, himself, testified in TWO cases while he was sitting as president.

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What a slime Specter is. In the document dump he was seen coordinating his activities with the administration. Here he's probably floating the administration's bottom-line position, but making it seem that he's being independent.

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why are they afraid to testify under oath?

why do they think they should have a special right not to testify under oath, anymore than an ordinary citizen?

no one is above the law.

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They're supposed to be working for the public; let them testify in public.

If they want to lie, let them do it under oath. I think elected officials and their appointees should be put under oath for the duration of their terms when they're sworn in. They'd have to shut up or stop lying... either would be a welcome change of pace.

And the "no transcript" thing is so laughable that I assume it was included to give the White House something to move on in negotiations.

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This is a political battle. Every day Congress keeps these scandals on the front page is a day where the legislative branch gets stronger and the executive branch gets weaker. Couple this with the Iraq spending bill that Bush threatened to veto ( and thus force himself into cutting off funding for his war). Does Bush honestly think that he is going to get another funding bill from Congress without restrictions and timetables?

Congress has nothing to lose by making the White House C*O*M*P*R*O*M*I*S*E on this issue.

Coax them out on the limb and then cut it off.

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We also need testimony from U.S. Rep. Ric Keller, R-Fla and Justice Department spokeswoman Monica Goodling.

Who at Dept of Homeland Security authored the report and later it leaked to U.S. Rep. Darrell Issa, and why did Issa contact Gonzales' office?
http://www.voiceofsandiego.org/articles/2007/03/22/government/775lam032207.txt

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Fuck that. Why set up the precedent of weakness? Let's just do a regular old-fashioned hearing where you come down to the Hill, put your hand on the book, and answer the full committee's questions truthfully. Why is that subject to negotiation?

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Come and Tell the truth you bastards, or we'll cut your head off for the world to see.
We'll be the deciders this time.
Man, feel the surge.

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What processes do the Legislative Branch have to force testimony?

I read that the Justice Department would have to be involved.

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Don't you understand? "Oath" is only important when we're talking about Bill Clinton and Democrats.

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I think it would be OK for Rove not to be under oath, because it does not matter: lying to Congress while testifying is a crime, and the oath has nothing to do with it.

Instead, Leahy or Conyers could introduce Rove (and any other witness who wants to decline an oath) with a statement like the following:

Ordinarily at this point, the witness would swear to tell the truth, the whole truth, and nothing but the truth. For reasons we don't understand, the President does not want Mr. Rove to take an oath. The committee agreed to his terms because, under the law, Karl Rove is obligated to tell the truth: lying to Congress is a criminal offense, oath or no oath. We will therefore conduct this hearing exactly as if Mr. Rove were a sworn witness.

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Why does anyone think those questioned will tell the truth even under oath? Yes, they should testify under oath, but isn't it more important to have the testimony public and with a transcript, since they probably won't hesitate to lie if it is private and/or "off the record."

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The AP story indicated that Sampson's lawyer has asked for a delay on the Senate subpoena. Sampson is scheduled to appear next week.

..."Bradford Berenson, Sampson's lawyer, on Thursday requested a delay until at least April 2 to give his client "more time to review the matter" and to allow Berenson to take a previously scheduled vacation with his family." http://news.yahoo.com/s/ap/20070323/ap_on_go_pr_wh/fired_prosecutors

My question is whether this is another instance of "Gum(ming) this to death...forestall..run out the clockk...in good faith of course." as Sampson has written.
http://www.talkingpointsmemo.com/docs/important-to-karl/?resultpage=1&o-karl/?resultpage=2&

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Yeah, why compromise here? No one is on the "no-oath" side. Check any pole that has been run on this.

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Wait, wait wait. Under oath is NOT that crucial, because it is a violation of the law to lie to Congress, whether under oath or not. But a transcript is crucial, because it is impossible to compare statements and detect untruths without transcripts.

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Technically, I believe any statement to Congress has to be truthful or it's a crime. SO "under oath" is kind of a redundant symbolic gesture.

Maybe it's only as important as we think it is. The "I wasn't under oath when I lied to Congress" defense would be pretty lame I imagine. But yeah, symbolically the oath would be good.

However, public testimony is the most important issue. Whatever lies they tell will be far more damning before the public if there is TV footage. Far more than a paper transcript alone.

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What is it about all of this that will lead to Specter?

He puts on a damned good show of pretending he's really interested in getting to the bottom of these various scandels, but then he always avoids direct testimony under oath or in public view.

Something smells.

You don't have to be a blind conservative not to see it, just an ignorant one to deny it.

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Whatever Cornyn might come up with will undoubtedly be worthless neo-con gibberish. What a loser; anyone who trusts that lop-eared son of a bitch must be a 29%er.
As Nancy so eloquently told Inhofe, "Elections have consequences, Dogballs." LOSER

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Cornyn doesn't see what all the fuss is about? What options are there for posting comments to his homestate newspapers?

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Am I the only one who can see a compromise that works. Here's the offer - behind closed doors, no oaths, but a transcript, transcript not released immediately, BUT everyone who doesn't answer questions under oath is subject to recall which will take place under oath.

I want to nail these pukes. I want to give them an easy way to lie. I know we have other witnesses who will testify under oath, in public. Then we release the answers given by Rove, Miers, etc. And then drag them back and, in public, ask them to explain their lies. Let's help them hang themselves rather than create an unnecessary confrontation.

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I wonder if the "big deal" here is that W's ass is in a sling for ordering the firings with evidence of obstruction of justice.

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I think this is pretty clever maneuvering. Bush actually wants Congress to issue the subpoenas so he can refuse them and turn this into a fight over "Executive Privilege" which will have to go to the courts and will take years to resolve. As was pointed out, lying to Congress is illegal even when you're not under oath, and if the statements are public then we can swarm all over them and tear apart the lies and evasions. Also, Bush can now no longer hide behind his "I'm the one who offered a compromise" crap. I would love to see a shining white knight rise up and strike down this wretched Administration with one mighty blow, but that's never going to happen. I'll settle for the termites in Congress, eating away slowly at the foundations until they crumble.

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A minor quibble: Feinstein shouldn't talk about a "right" to ask these questions, but an obligation to ask them. Not only does it sound better, but it's true.

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check this out from gop.com:

Friday, March 23, 2007
RNC Chairman Mike Duncan Announces Legal Team


WASHINGTON – Republican National Committee (RNC) Chairman Mike Duncan today announced the appointment of Blake Hall as RNC General Counsel. In addition, the RNC announced that Sean Cairncross has been promoted to RNC Chief Counsel, and that Tom Josefiak will serve the RNC in an Of Counsel and senior legal advisory capacity.


“In order to serve this Party and this nation effectively, the RNC must always make sure that it follows not just the letter, but the spirit of the law. The legal team we are announcing today will do exactly that. Blake, Sean, and Tom are vigorous, talented, and experienced. I have the utmost confidence that they will do an outstanding job,” Duncan said.


Blake Hall, National Committeeman for Idaho, has been active in the Republican Party at the local, state, and national levels for more than two decades, including service as Chairman of the Committee on Credentials for the 1996 and 2004 Republican National Conventions and as the Sergeant at Arms for the 2000 Republican National Convention. He is currently a partner at Anderson, Nelson, Hall and Smith.


As Chief Counsel, Sean Cairncross will oversee the day-to-day operations of the RNC Counsel’s Office, including ensuring that all activities of the RNC, its officers, and its employees are in compliance with applicable federal and state election laws. Cairncross has served as the RNC’s Deputy Counsel since 2004. Prior to that, he was a litigation associate at the Washington D.C. law firm Covington & Burling. Cairncross received his J.D. from NYU in 2001, his M.Phil from Cambridge University in 1998, and his B.A. from American University in 1997.


Tom Josefiak was RNC Chief Counsel during the 2005-2006 election cycle. He served as General Counsel to both the 55th Presidential Inaugural Committee and Bush-Cheney ’04, Inc. Josefiak, a native of Adams, Massachusetts, is a graduate of Fairfield University in Connecticut and Georgetown University Law School.

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Would there be any support for the Democrats announcing that they will filibuster the Iraq supplemental appropriations bill until the white house allows the aides to testify under oath?

To paraphrase the Republicans, "What is the use of having power if you don't use it!"

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If there's no legal difference whether they're under oath or not, then why not under oath? The argument cuts both ways.

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most difficult to understand the need for the majority in the senate to compromise.
and what is that compromise? our rights as citizens of this country to believe our officials are acting in our interests?

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Even though both lying to congress and lying under oath are illegal, I expect that Karl Rove lying to congress would not upset the christian conservatives at all. Lying after taking an oath might.

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"I think this is pretty clever maneuvering. Bush actually wants Congress to issue the subpoenas so he can refuse them and turn this into a fight over "Executive Privilege" which will have to go to the courts and will take years to resolve."

Last night on Countdown, Leahy said something to the effect that he could take up to two years to issue the subpoenas and in the mean time others could testify, I thought that was interesting.

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I think its a massive ego thing. They don't owe anyone an explanation about anything...ever. They were elected and g*dammit its their government (not yours or mine mind you) and no one is going to tell them what they can or cannot do. What they do is right because THEY do it. Period. Bush does not want to give the appearance that he or his closest advisors are in any way answerable to Congress. The worst thing for them is to be asked questions in public view that they would have to answer under oath. The fact that they are going to lie, oath or no oath, is actually secondary to their sense of their own unassailable primacy. They are battling to save face. Now they may have thought way back in the wee recesses of their primitive brains that what they have been up to is damaging to our constitutional form of government and the trust that the American people place in that government...but I doubt it.

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The question they ought to be asking Snowjob is, "is the President so adamant that these people not be questioned under oath because he knows they are going to lie, or because he's terrified that they'll tell the truth?"

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There is nothing to negotiate but the time and place, soon rather than later.

The issue here is nothing less than a continuing White House effort to use a specious theory of presidential power to cover up and obstruct investigations into scores of felonies orchestrated and/or perpetrated by the Bush White House and vice president.

If one does not see this, he is either naive or not paying close attention.

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Someone should ask Bush why he doesn't want members of his administration to put their hand on a Holy Bible and swear to tell the truth.

Isn't that what a true Christian would do?

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Don't forget this more than under oath and publicly, with transcript.

The Fielding proposal said:

"No follow-on sessions of questions"

"Limited narrowly to WH approved topics" (can't follow any trails uncovered in the questioning).

ALL of these limits are unacceptable curbs on Congressional (or any legal) investigation.

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Heads Up:

John McKay, Fmr. U.S. Attorney, Western District of Washington on C-SPAN Washington Journal this Monday.

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Whut a revoltin' development!

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I think that Arlen (mister single bullet theory)
Specter is the real trouble maker here. Wasn't he the one who inserted the line into the Patriot Act to allow the White House to hire and fire the U.S. Attorneys without going through Congress?

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I think that Arlen (mister single bullet theory)
Specter is the real trouble maker here. Wasn't he the one who inserted the line into the Patriot Act to allow the White House to hire and fire the U.S. Attorneys without going through Congress?

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It has to be under oath and it has to be in public.

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The Democrats had better be warned not to cower in fear of the neo-con Bush bully-boys. Bully-boys have to be confronted, and not given-into.

Gonzales, Rove, Miers, et. al. (and, Bush & Cheney, if need be) must:--

* Testify under oath. Oaths are important, for witnesses need to be held accountable for what they say. Isn't this obvious?

* Testify in public. Meeting behind closed-doors, at the local bar, or in a hotel room-- is the stuff of dictatorships-- not democratic Republics. Bush continually howls about "democracy"-- well it's time that he show some respect for our Republic.

* Testify with transcripts. What if Rove's testimony contradicts that of Miers, for example? Without a transcript, we have a "he-said-she-said" moment. We all know that Rove is a bald-faced liar who would come-out with more mendacious spin, if caught with his pants-down.

* Consequences. In the event that perjury and/or other crimes are committed-- that charges are made and the perpetrators are frog-marched off-to-jail, where they belong.

There can be no "compromise" on these points. For to do so, would effectively be saying that Rove, Miers, Gonzales, et. al. can vomit bald-faced lies and get away with criminal activities!

Isn't this obvious?

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If taking an "oath" is not important-- then why are the Bushies insisting that they will refuse to do so.

That the Republican-led Congress let Bush and Cheney get away with testifying without swearing the oath and without transcripts, let this corrupt White House believe that they can get-away with criminal activities.

..."...Under the laws of a state it may be considered treason or a high crime to betray a sworn oath of office..."...

If Rove and/or Miers contradict each other-- and one or both is found to have lied under oath, they they can be charged with treason.

There is a very good reason that they are refusing to take an "oath":-- in short, they are liars & traitors who want to continue to commit crimes and/or cover-up Bush & Cheney's crimes, with impunity.

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[Didn't Republicans sell warrantless wiretaps and
[every other violation of the Bill of Rights with
[the red herring, "if you have nothing to hide...."
[why is it a problem?
[
[Posted by: gcs
[Date: March 23, 2007 04:00 PM]

This was one of the points I made a few days ago in a blog post at the Cafe:

http://www.tpmcafe.com/blog/eric_stepp/2007/mar/20/
a_few_points_on_bushs_speech_this_afternoon

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It is extremely important for Democrats to compromise with such a popular wartime president. Otherwise, the 30 percent who support Bush in the polls will really punish them at election time.

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This is about finally having the constitutional confrontation that's been smoldering for years. Ever since Bush came into office if you want to count it that way.

Does the principle of "unitary executive" hold water or not? Does the Congress have the authority to do oversight or not?

"Compromise" means finding a way to avoid settling those issues. If that's what the senators want, they should never have got into this fight in the first place.

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What is the Bush White House hiding?

Which is why I'd loved to see any White House official asked the following questions, under oath, in public, with a transcript recording their response:

Exactly what did Karl Rove and Alberto Gonzales know, and when did they know it, concerning Mark Foley, a fellow neo-con Republican, who had a sexual penchant for young, male House pages?

And what did and when did George W. Bush and Dick Cheney know?

(Note: in early 2006, Karl Rove "talked" Mark Foley (R-FL) into running for another term in office, even as the House Republican leadership was covering for Mark Foley's sexual predatory practices, as they'd been doing for years)

And did Alberto Gonzales, after Foleygate broke with a fury into pre-election news last October, use his position as Attorney General to get as many Republican-appointed federal prosecutors as possible to bring bogus voter fraud cases against Democrats in an attempt to replace negative news coverage of Foleygate with negative news coverage of alleged Democratic improprieties?

Is this why the Gonzales-controlled Justice Department is stonewalling (obstructing justice?) in not releasing all the emails related to the firing of eight U.S. Attorneys last December, two months after Foleygate severely hurt Republican chances in the November elections?

And how does Alberto Gonzales resolve the contradiction between his statement the other day that he wants to keep his job so he can go on protecting the kids, when the FACT is, he and Karl Rove, being chief White House political strategists, MUST have known about Mark Foley's sexual predatory practices long before the late September 2006 revelations about his activities?

So many questions, and so few answers...so far.

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First question for Sampson when he testifies?

Were you pressured or coached in any manner by the White House, directly or indirectly, when your lawyer asked for a delay in your testimony?

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"I think this is pretty clever maneuvering. [...]
Posted by: Tim
Date: March 23, 2007 05:02 PM"

Eh. You say "toMAYto," I say "flat-out nervous desperation."

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Under oath or not at all. If the Dems let this one slide, they might as well have sent us a telegraph letting us know it is "their way or the highway". This Dem is tired of having no where else to go and might just decide to stay home.

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