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Under Pressure: The Congressional Subpoena

Congress and the administration keep getting closer and closer to the edge. As part of the U.S. attorney firings investigation, Senate Judiciary Committee Chairman Pat Leahy (D-VT) has threatened to subpoena Karl Rove and other White House officials, a subpoena the White House will certainly fight. And in the House, House reform committee Chairman Henry Waxman (D-CA) has subpoenaed Condoleezza Rice to testify next month; Rice has said she won’t comply.

So what happens when they get to the edge? Will we see top officials in cuffs soon?

The short answer: no, but a subpoena still gets results.

Former general counsel to the House Charles Tiefer explained that these face-offs never culminate in court.

"In theory, what happens is, after the House, or the Senate, goes through a certain process, [the case] is kicked over to a prosecutor," Tiefer said. But to think that will actually happen "is a naive way" of looking at Congressional investigations.

No top government official has ever been indicted for failing to respond to a Congressional subpoena. Tiefer, who signed off on more Congressional subpoenas than anyone else while counsel to the House from 1984 to 1996, explained that these investigations mount pressure to achieve results.

When asked if a Congressional subpoena has teeth he asked his own question: “Does a vise have teeth?” Well, no, but, “you could crack stones in a vise.”

The investigation process ramps up political pressure with letters, media outreach, subpoenas and contempt until one side cracks. The more bipartisan support an investigation has, the heavier each move weighs. The more the public supports the opposing branch, the more likely a committee will be to back down.

Usually a negotiated agreement is reached before the investigation hits a serious phase.

For example, rarely has a House committee held an official in contempt over failing to produce documents. In 1998 Janet Reno was held in contempt for refusing to produce campaign finance papers from the 1996 Clinton-Gore campaign. The vote was along party lines and the face-off ended there. Only twice before had House committees voted to hold officials in contempt for failing to hand over documents-- Secretary of State Henry Kissinger in 1975 and Interior Secretary James G. Watt in 1982. Compromises were reached in both cases.

It is also a rarity for the White House to play its trump card – official executive privilege. The current Bush administration has only officially claimed executive privilege once (seriously) in December of 2001, Tiefer said. Congress was investigating how the FBI handled informants, specifically in the case of Joseph Salvati, who spent 30 years in prison for a crime he did not commit. The FBI was accused of suppressing evidence that would have proved Salvati’s innocence to protect an informant. Bush ordered then Attorney General John Ashcroft to keep documents from the investigating committee, invoking his privilege.

Bush lost after hearings on the issue showed a precedent for handing over Justice Department documents in similar cases.

Even if the current investigations break from history, a trip to federal court would be messy, long and could end up fruitless. Sen. Sheldon Whitehouse (D-R.I.) pointed out this problem on a May 16 episode of Hardball:

MR. MATTHEWS: I get the message from the White House that they're very confident that they don't have to ever turn those e-mails over. Is that your sense, that they're just going to be able to stonewall this? You can subpoena them all you want; you're not going to get Karl Rove's e-mails.

SEN. WHITEHOUSE: Well, the problem is that if you go the subpoena route and then you pursue it into court to pursue the contempt of the subpoena, by the time the delays and the lawyers and everything have taken place, they're getting pretty close to the end of President Bush's term. So he may be able to just brass this one out.

Current Congressional investigations have not yet hit the contempt or invocation of executive privilege stages, but Tieffer assures me that they will not end in federal court. A back and forth will lead to a negotiated outcome -- or a permanent stand off. It almost sounds like politics.


104 Comments

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Many vices have teeth. Some (although not all) vises have no teeth however.

Did Yglesias Spelling(tm) infect TPMMedia prior to his departure? ;-)

Cranky

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In other words, there will never be an accountability moment for these snakes.

sc: snake

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So, short of impeachment, an administation can just say bugger off, and ignore congress?

IF that is the case, then this administration will. And it sets a horrible precedent, and shows a very real weakness in our structures of our democracy.

I know Rep. Whitehouse was looking at inherent contempt. How does this figure in? I take it that is the court route?

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Supeona of anything in this maladministration sounds... so superfluous. Something for lawyers to occupy their time with, blogs and folks like us to spec about, while the killing continues unabated in IRack.

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The Bush Admin will try to run out the clock, whatever that takes. Bet on it. They spent 6 years without meaningful oversight and they clearly see no reason to care about the Dems' attempts to bring it back. They'll just spin everything as partisan attacks (ignoring the few principled Repubs left), and continue to break the law until they leave on January 20th, 2009.

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How about we just Impeach The Mother Fucker, Already?

security code: attack. Heh.

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Some vices -- like meth -- will make you lose your teeth.

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A back and forth will lead to a negotiated outcome -- or a permanent stand off.

And, pray tell, what does dithering standoff suggest regarding the near perfect governmental system of checks and balances we were taught about in grade school???
Can America afford aimless dithering?
In 2000 certain parties didn't seem so bound by the system...
Has the liberty tree completely crisped in its pot or will a little watering save it???

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I have a question about the argument that Bush could contest the subpoena through the courts until his term ends. Can't the matter still be pursued after Bush's term is over? If criminal conduct is found, couldn't Rove, for example, still be indicted, tried and even convicted? I would love the truth to come out sooner rather than later, but I hope the misconduct will not just be dropped because Bush is no longer in office.

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So, in reality, Congress does not really have subpoena power at all. It's subpoena powers are entirely notional --a theoretical fiction

...except, of course, when it comes to subpoenaing ordinary citizens.

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So, in reality, Congress does not really have subpoena power at all. It's subpoena powers are entirely notional --a theoretical fiction

...except, of course, when it comes to subpoenaing ordinary citizens.

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All the more reason for the public to provide cover for Congress by demanding action from senators and representatives.

I would suggest that the next course of action SHOULD be citizens in the streets, but we Americans are apparently too in thrall with normalcy to protect our own liberties.

So I guess we deserve what we're getting.

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My recurring theme is this; if the Congress doesn't make this administration pay somehow for thoer disdain for the Constitution, the rule of law and tradition, then Bush sets a precedent for the next President to be just as irresponsible and arrogant as he is.

To the right wingnuts who support Bush in everything; imagine President Hillary using Bush as a role midel for her Presidency.

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While I would not question Mr. Tiefer's credentials or legal experience I think the one we're overlooking here is the outright, well, balls of this administration. They've decided to brazen out just about everything they've been caught on. They'll play out the clock, destroy evidence, stonewall the committee or, see the committee and outright lie.

That's the problem. Every time Mr. Tiefer used the word or the form of the word, "negotiate" I cringed. This administratio negotiates with no one.

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Could the Senate Judiciary Committee make Mrs. Gonzales testify under oath as to who made that call from the White House? If it is not she who would be incriminated by her reply, would she be able to invoke the fifth?

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Negotiated resolution? Even when Bush needs something from Congress, like funding for the war, he "meets" with Congressional leaders, but does not negotiate. If the WH is convinced they don't have to turn over the e-mails, they'll never even meet on it, let alone negotiate.

As for public outrage, letter writing campaigns, etc. -- when has this Administration ever been responsive to that?

The ONLY thing that might move the WH is if Republican Senators and Representatives tell Bush that his stance is hurting their re-election chances. But so far that one hasn't worked on the war funding issue either.

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It should also be noted that 2001 was the last time anyone asked Bush for anything more consequential than the White House lunch menu. Just you all wait and see how many times Bush tries to invoke exec privilege between now and Jan. 2009.

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According to Bruce Fein (on a recent radio interview, along with Glenn Greenwald and Laurence Tribe), during Watergate, Congress did receive court backing of its subpoena for records, and received it within a matter of weeks from going to court. So the whole idea that the courts will not act promptly just doesn't make sense. Fein also reminded listeners that one of the articles of impeachment against Nixon was failure to respond to a Congressional subpoena. Both Tribe and Fein believe that Congress should go to court for enforcement of the subpoenas, and I'd say that they are two pretty savvy guys. The SJC, in particular, owes it to us, the American people, to push harder.

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should be spelled vise, not vice.
this is an extremely disheartening analysis. which doesn't mean it's wrong.
it just means these crooks are going to get away with it.

security code: where, as in where will it all end?

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This absolutely sucks. Impeachment is the only avenue, it would seem, to reach accountability with this administration.

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Is it then the idea to subpoena the terminus of the Email chain rather then the origin ? If you want to know what Karl Wrote , don't ask Karl , he's in the White House. Ask the recipients. While RNC swine do act like another branch of the gov, they aren't, and so might they not be more susceptible to real legal threat ?
The President and the Actual President Cheney can claim privilege for any reason and will , including denying the people the video tape of Exxon writing the next decade of energy policy , oddly slanting toward fossil fuel, but I seriously doubt they can extend that umbrella all the way to the RNC , which is I believe no more an organ of the government than the local 4-H is .
I would nominaly suggest the RNC don't want the publicity of pugnatious protracted legal wrangling to avoid coughing up Karl'd Doom , but then I remember they couldn't care less about public perception, thus the polls.
Is there precedent for asking for the letter from the person who got it in the mail rather than from the note pad of the person who wrote it ? As I understand it , that's what current subpoenas are asking , for Rove emails from recipients to avoid exactly this tangle . Any experts still around?
Security word flag , as in flag anything from " KR@RNC/littleattwater.crook"

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Well, it seems to me that the bottom line is, they don't give a FFOARD about public opinion, or appearances, or even the Congressional Repulicans at this point. They'll just tell Congress to go Cheney itself, refuse to hand over documents or submit to sworn testimony, and then it will be January 2009. And until then, A. Gonzales will still be AG, unless the Dems have the cojones to impeach him. Which, clearly, they do not.

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I agree that their plan is to wait out the clock. So it seems to me the right response is us to bother the MSM about covering the stonewall/contempt of Congress, and add those to the reasons for impeachment.

I don't care if a (successful) impeachment vote is held weeks or even DAYS before the transfer of power in January 2009 -- it is one important step for the US to show it is not completely irresponsible politically.

Impeachment is a show of accountability. Not sufficient, but necessary.

Security code = soap, as in time to CLEAN THIS PLACE UP.

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Please read this post by Kagro X on inherent contempt. It is a completely different strategy for enforcing subpoenas. Laura McGann (and almost everyone for that matter) seems to be completely unaware of this obscure but constitutional method.

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To repeat what Josh already noted (and while the idea isn't original to TPM, that's where *I* read it first), The White House will stall, delay, and flat-out ignore any reality it doesn't like.

This is their game plan -- to run out the clock. The media runs on the sound bite, the shallow, two-sentence pronouncement, and the Bobblehead or Puddinhead pundits -- so, when the manufactured hoopla of the Presidential Election begins, it will tend to down out any (including the faux) analysis -- on the airwaves, at least.

This assumes that the Democratic leadership in the Congress keeps playing the Repub's game -- and it doesn't appear that any paradigim-busting actions are on the horizon. It's politics as usual, with the Democrats often acting as if they were still the minority party.

The country wants a strong response ... not an over-the-top response; a strong one. If someone would only stand *up* to these creatures, articulate what we all know to be true, and do so in a clear, forceful voice -- then the walls would come a-tumbling down. Believe it.

If the best we can do is offer Senator Reid's head-shaking disappointment and pursed-lipped disapproval, as he did last week, as our response to the monstrous crimes committed against the American People and against civilization by this pack of animals, then we're well and truly screwed.

If that's the best to offer the American people, then we should all just get it over with. We should just finish what Bush and his cronies have started -- the destruction of the United States Of America -- and elect another cretinous figurehead. Romney's grasp of reality seems to be equal to our current Sainted Leader's.

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The link was edited out for some reason. Here it is:

http://www.dailykos.com/storyonly/2007/3/27/113945/241

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http://www.dailykos.com/storyonly/2007/3/27/113945/241

This is an article about "inherent contempt." (Please see my previous comment above.)

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What were once vises are now hobbits

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I agree with Puffy - pursue them through the courts if necessary. If they have commited high crimes they can still be prosecuted. Or at least be exposed to the world as the liars, cheats and criminals they are.

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Has the liberty tree completely crisped in its pot or will a little watering save it???

Posted by: sean

Possible answer: Sunlight. Not only a terrific disinfectant, also revives dying foliage.
Hows that for the congressional slogan? " Let the Light Shine In!"
I can already see the little Liberty Tree graphic .
Code Regret: Oh man, too loaded to even approach.

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I know this has been said many times before. If these subpoenas issued by the Dems can't really generate anything meaningful like accountability, then the Dems look even more "gutless" !!! An important question for the 2008 election,why should I knock myself out to elect more Dems? How can they really effect anything?

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Two hundred and thirty years ago, a bunch of highly principled men signed their names to a document that could have been their death sentence (yes, a "suicide pact") because they could no longer accept rule by a king, even a constitutionally limited king whose power was restrained by the need to consult Parliament and by British common law.

The king they rebelled against was George III. Our current president is also the third George to hold the office he now holds, and he's a hereditary ruler at that.

It's time to initiate impeachment proceedings. The first target should be Gonzales, and proceedings should begin after the no-confidence vote. The Democrats in the Senate should do what's necessary to get a 2/3 majority to sign it, to make clear to Gonzales that impeachment followed by conviction is a serious possibility.

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Forget Gonzales, it's time for a "no confidence" vote for Bush. And no damned delays and threatnings, either. Just DO IT!!!

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

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Impeachment is the one tooth the United Stated of America has left to guard our country from the constitutional nightmare of the Bush administration.

It is not unrealistic to compare him to Hitler.

I pray that Nancy and the Democrats use it and so I sent her an e mail to that affect.

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So the answer goes something like this: In the past, the White House and Congress have contended on these issues until they finally reach some sort of compromise, so judging by the past, we should expect some compromises to be reached.

I am not reassured in the least. I don't believe for a minute that the past should be any indicator of what this lawless White House will do to protect turdblossom. There will be no compromises. Subpoenas will not be honored. Congress will continue to be told to f___-off. Short of impeachment or immediate appointment of a special prosecutor who finds criminal wrongdoing with all due speed, tb and W will never answer for what they have done.

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In answer to Puffy: Bush is the only one who could be held accountable after he's out of office. I'd bet a huge pile of money that Bush will issue Presidential Pardons for Cheney, Rove, Gonzales, etc etc before a new President is inaugurated.

Security Code: still, as in still waiting for justice.

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All of these experts expect business as usual and blind themselves to the reality around them. When the Executive branch (who control all the troops, including the guard) joins forces with the Judicial department(who controls the FBI and all the police) it leaves the Legislative branch powerless with no one to even enforce subpoenas. Has this administration taken control of the Judicial branch? It depends on when push comes to shove. Consider this:
With scarcely a mention in the mainstream media, President Bush has ordered up a plan for responding to a catastrophic attack.
In a new National Security Presidential Directive, Bush lays out his plans for dealing with a “catastrophic emergency.”

Under that plan, he entrusts himself with leading the entire federal government, not just the Executive Branch. And he gives himself the responsibility “for ensuring constitutional government.”

He laid this all out in a document entitled “National Security Presidential Directive/NSPD 51” and “Homeland Security Presidential Directive/HSPD-20.”
Under this control subpoenas are pointless. Rice and Rove and the DoJ etc. now see the Legislative branch as powerless. They laugh at impeachment, or any oversight from congress knowing they are powerless to stop Bush or subpoena any of the players. Ask your "experts" to address the issue of unregulated power coming from this administration. Everything else is just "gumming it to death"

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I don't think this explanation answered the question at all. The question was not how have past subpoenas played out, but rather how subpoenas will play out with THIS administration, for which there is no precedent. I don't want stretched metaphors about teeth and vises. I want to know what the procedures and law are, and just because they things have never gone there before does NOT mean they won't this time. How loud does the bell have to ring for some folks to realize that this is NOT business as usual. I want to know what my Congress can do to stop this runaway Imperial Presidency. Both pragmatically (media outreach yadda yadda yadda) and by the letter of the law and constitution. John Dean provides a fuller answer in his column at FindLaw - which is that Congress has a whole heck of a lot of power to enforce subpoenas, and if they played the kind of hardball Gonzales did in sending twenty FBI agents to raid the Rayburn House Office Building (unprecedented in 200+ years - so much for 'convention') then Congress could send the Capitol Police to throw Gonzales' ass in jail until the end of that Congress. Constitutional crisis? Of course, but then, the point is, we are already in one. Now what the hell can my Congress do beyond 'business as usual'?

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Even if Bush puts off the investigation until he leaves office, he must be pursued. The law must prevail.

Besides the Republicans will not let him drag the party down. They will join the chorus for impeachment before the end of the summer.

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I read somewhere that in articles of Impeachment against appointees there includes a Ban on holding office ever again . One might easily whittle away at the worst of the Bushites and leave the Grand Clown and his reanimated sociopath Vice Beast at the humiliating tip of a very shaky column.
We know the Rethugs love to through underlings and former friends under buses and trains etc. so let them . Dig , expose and terminate . Reveal to the nation an administration without decency, without regard to law and in contempt of all the values they yell about so loudly. Show the people that while the tip may be untouchable , it's a tip giving hard workin Mercans the finger.
Expose the crooks and let anyone tied to them enjoy the light . And watch the fakes run far and fast ( Predicting McCain sets land speed records...)
CODE : False . Heh.

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We've got to go to court, though Senator Whitehouse's assertion may well prove true.

Not to do so is to put The Constitution in the proverbial shredder.

Security Code: White -- sheesh, ain't that irony.

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If our current laws allow them to get away with this, we need new laws.

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The question everyone should be asking themselves now is: Why are the Republicans in Congress such lily-livered sycophants? What is it that the WH has on them...compromising photos with House interns? e-mails from Abramoff? This administration could NEVER have gotten away with gutting the Constitution and turning the DOJ into a political arm of the RNC without the complicity of the Vichy GOP. There is not a single backbone among them. Dems can't get anywhere with subpoenas or any other approach to WH accountability without the support of at least some of the Republicans. They need to be warned out loud in no uncertain terms that we will hold THEM accountable if the Dems fail. We will turn out against them in 2008, 2010, 2012 and make them pay, and pay, and pay.

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Question: Does congress have the power to undo the appointments of USAs like Tim Griffin and Rachel Paulose?

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More and more, our leaders are morphing into the pigs of "Animal Farm". We are seeing the accountability and consequences amongst those in charge diminishing to zero, as the accountability and consequences for the rest of us in the farm grows. Isn't it ironic that we, as a nation, are actually losing our democracy as we attempt to form democracies elsewhere. Our actions seem to show that we are giving our Constitution to other countries because... well... we aren't really using it anymore.
Sad fact is... the democrat controlled house doesn't appear to be attempting to do anything to change the rules. Their actions seem to show that their only goal is to make sure that they will be the ruling pigs.

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The Congressional Research Sevice did a report on this here:

http://www.senate.gov/reference/resources/pdf/RL31836.pdf

It sets out which things are not subject to subpoena and which are. Oversight of actions and criminal matters are. Policy advice isn't.

Fortunately, most of Congress is busy pretending that you need a conviction of the crime before you even start the investigatuon.

I'm looking forward to the new criminal gangster police state.

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Bushco may well stonewall this to doomsday, but that doesn't mean there will be no consequences. They have to rely on Republican solidarity, and every time they stonewall they make it harder on the R's to hang tough, especially as the election season gets closer. The cracks are already showing and by fall there will be mass defections (if not sooner). This affects anything the WH wants to get through Congress, including further war funding.

Also, even if they never get a single one of Rove's emails, he sent them to someone - they can subpoena those emails. The vise, like thumbscrews, is best tightened S-L-O-W-L-Y.

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Tiefer is exactly right in describing how the congressional subpoena/contempt process works vis a vis the executive branch. (Although, at the risk of sounding cranky, I must point out that I have explained the same thing on this website before).


For completeness sake, it should be noted that 10 executive branch officials have been cited for contempt by congressional committees or subcommittees under the statutory procedure but none has ever been prosecuted, much less convicted. They are Kissinger (1975), Sec of Commerce Morton (1975), Sec of HEW Califano (1978), Sec of Energy Duncan (1980), Sec of Energy Edwards (1981), Watt (1982), EPA Administrator Anne Gorsuch Burford (1983), AG Smith (1983), White House Counsel Quinn (1996) and Reno (1998).

The term "inherent contempt" is used to refer to a different procedure, where a recalcitrant witness is brought before the bar of the House or Senate and, if a majority votes to hold the witness in contempt, is imprisoned by the Sergeant at Arms. This procedure has never been used against an executive branch official who has asserted an official right to withhold information. Leaving the legal nicities aside, there are obvious practical problems with attempting to arrest an official who is physically protected by the executive branch.

This leaves the option of civil enforcement in court (ie, going to court and seeking a declaration that the witness must comply with the congressional subpoena). This also has never been successfully used against the executive branch. In the Watergate case, the Senate Select Committee attempted to do so, but ultimately lost, first on jurisdictional grounds and then on the merits. However, because the ultimate resolution of that case was fact specific (the court held that the Senate did not need the Watergate tapes because the House had already obtained them), there is no clear legal precedent on whether the courts would enforce a congressional subpoena against the executive and, if so, under what circumstances.

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I have lived through numerous congressional investigations in my 62+ years. The striking difference between what we are now witnessing is that we ARE witnessing it.

Newspapers have been a part of the political landscape since our Repiblic began. They were the primary source of news and events. The telegraph hastenen the spread of news next, with radio soon following. Television only came on the scene in the late 1940's and had a major impact in the deliverly of news and information. Politics and politicians had to addapt to each new medium

These technological advances, ave now been overshadowed by the internet. Obviously, we are a part of something different that has yet to be fully understood or utilized.

Instead of a scholarly paper on the subject let me give you an example: I watched Comey testify on the internet, every word. Did you miss it? Go to C-SPAN and watch it. Later I saw a FOX (unfair and off-balanced) edited clip. It completely distorted the impact of the testimony. The point is, I saw something that I couldn't have seen if this was the 1970's AND I have the ability to show what I have seen to others.

Many of you, I suppose, might think things are moving slow right now, in regards to wanting the President and his minions brought to justice. You can help, especially if you have computer skills...

These dumb bastard republicans have done so many illegal things and told so many lies that there is no way they can eliminate all traces of their evildoing. You've got the skills to find out things to share not just with the rest of us, but the whole wide world!

I asked my Christian Conservative friend's wife if she watck O'Riley's Talking Points segment and when she said yes I told her to check out the TMP website. LOL

We're ahead of the repugs (this I love because my CC friends have 6 pugs) in use of this technology, let's keep the process going and growing.

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bjobots says:
In a new National Security Presidential Directive, Bush lays out his plans for dealing with a “catastrophic emergency.” Under that plan, he entrusts himself with leading the entire federal government, not just the Executive Branch. And he gives himself the responsibility “for ensuring constitutional government.”

Let me make a wild guess on the timing of Dubya's invocation of this rather obscure authority. How about late September of 2008. You have to expect there to be some sort of "catastrophic emergency" at that point, even if Fox News is the only media outlet reporting it. At that point we should rest assured that Dubya will ensure constitutional government continues even though he will of course have to suspend national elections until such time as things can be brought under control, you know, sort of the same timetable that he has described for Iraq. In the meantime he will remain in office as our Commander-in-Chief, saving us from the costly burden of those nasty Presidential campaigns for the foreseeable future.

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I appreciate the optimism that things will be resolved without court.

However, we're in a different era: This Bush adminstiration has committed war crimes, and ignored Geneva; and ignored the FISA court. To think that it would bother to listen to Congress or the courts seems a stretch.

I take issue with this: "But to think that will actually happen 'is a naive way' of looking at Congressional investigations. No top government official has ever been indicted for failing to respond to a Congressional subpoena." I think it is reasonable to assume the President will do something unprecedented, but that the country and Congress will not do anything about it -- short of impeachment.

Again, I appreciate the optimism of "what should not happen," and "what the President will most likely do," but this President continues to ignore the Constution, laws, and precedent and Congress does nothing. I fully expect this President to do the unprecedented, and would not be surprised if he directs -- as he has the power to do -- for Congress to go into recess.

By taking all impeachment options off the table, the Congress is pretending the President is going to recirpcoate. No, he's going to take advantage of that pre-decision to tie Congress' hands, and further abuse his power.

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Thucydides Jr. wanted to know:

"So, short of impeachment, an administation can just say bugger off, and ignore congress?"

Yes. Nixon did exactly that in 1973 with tapes that were subpoenaed by Congress. That dragged out until his negotiated resignation (and subsequent pardon by Gerald Ford), at which time the tapes were "owned" jointly by him and by Congress, with the proviso that he had sole control over their disposition.

...In fact, the current turgid drama has oh so many distressing parallels to Nixon's 1973 - '74 years. It's almost as though the same gang of criminal clowns were back in town ... oh, wait, some of them _are_.

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As a side note, I appreciate that some lawyers are specuating of what will never happen, yet again this president defies that.

Time to wake up the legal community: This President isn't going to necessarily cooperate; and it's not prudent to rely on precedent to say what the President will or will not do by way of response.

Rather than waiting for the President and Congress to take this to the brink, I would prefer a direct confrontation with the legal community: "OK, if you think Congressional pressure is going to work -- as it may have done int he past -- give us a good reason why the public should believe the legal community's forecast in light of the President's continued defiance of precedent."

Bluntly, I'm not confident the legal community's statements about what is most likely going to happen -- based on precedent -- is relevant given this President's decisions to ignore precedent and the law.

I ask the public and media to re-engage with the legal community and ask why we should believe the legal community's forecasts of what is most likely going to happen. I am not convinced their assertions of what is most likely are reasonable, especially given the much larger legal issues confronting this President: war crimes, FISA violations, illegal prisoner abuse, rendition. Defying Congress is meaningless when compared to the larger legal issues.

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Not only do the Dems lack the cojones to impeach, they lack the cojones for the no confidence vote -- or so it appears to Ken Strickland, here: http://firstread.msnbc.msn.com/default.aspx

"While there was much discussion over the weekend about Sen. Chuck Schumer's (D) proposal of a "no confidence" vote this week on Attorney General Alberto Gonzales, it's "unlikely" to happen, according to a senior Democratic aide. On paper, having such a vote would appear to be a no-brainer for Democrats because it would likely get some Republican support. But in the Senate, there's no such thing as taking a clean shot on an issue. If a vote did come to the floor, GOP leaders have procedural tools to either stop it or require a vote on on another resolution that would be problematic for Democrats to support. ("How about a vote on if the war is lost," a Republican aide suggested.)"

Sure, the war is lost. Why not say so? But we can't. Just telling the truth is off limits in this country.

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People in this thread seems to believe that these crooks, swindlers, and power-hungry politicians will just quit and retire to the Bush cattle ranch in Uraguay, out of reach of extradition. Not me.

Their crimes - corruption of the government, looting of the treasury, torture, kidnappings, naked aggression against another country, and other crimes against humanity are too great to ignore. They can't take the chance that a succeeding administration can act against them.

I think we are in danger of enduring another mass-casualty event, followed by martial law, and complete loss of individual rights.

Our experiment in democracy will be over.

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The best bargaining tool that we have is that Bush can't pardon himself. If he can't be stopped now, he can be made an example of later.

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Posted by fuzz:
If our current laws allow them to get away with this, we need new laws.

Wrong answer. Our laws are only as effective as the authorities who enforce them and the judges who rule on them. Congress can pass a hundred new and better laws. Guess who has to sign them? And even when he signs one he attaches a signing statement that says the law is what he interprets it to be. And guess what packed court has final say on interpretation? Fact is we are in serious trouble. And laws are not going to bail us out.

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The lawyers might be right of what might happen with the "civil contempt" forecasts, however, let's consider the basic legal reality: This President ignores the law and FISA court. To have us beleive that he's going to care about civil contempt would ask that we believe he's going to suddenly start doign somethign that he says he's not required to do: respect the rule of law, obey precedent.

he didn't do it with FISA; and there's no reason to expect he's going to start listening to the law now. This is disturbing that -- despite the lessons of the illegal activity since 2001 -- we have a legal community that is actually expecting the President in 2007 to start doing what he's refused to do since 2001. Get real.

As with the Patriot Act and US Attorney firings, this President will find a way to ignore the law. I hate to think that despite the lessons since 2001, the legal community going forward from 2007 will have to go through the same lessons, and realize -- "oh, my it's 2008 and election time;