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Mukasey: No, I Will Not Enforce Citations for Contempt of Congress
Just to complete the theme of the day, Michael Mukasey said today that if Congress passed contempt citations against current and former White House officials based on their refusal to respond to subpoenas, the Justice Department would not enforce them, as federal law instructs.
Rep. Robert Wexler (D-FL) was the one who first popped the question. If Congress passed a citation against White House chief of staff Josh Bolten, who, along with former White House counsel Harriet Miers and Karl Rove, refused to show up when subpoenaed by Congress as part of the U.S. attorneys investigation -- would the DoJ enforce it?
Mukasey's simple answer was "no." Enforcing the contempt citation is "not permitted when the president directs a direct adviser of his, somebody who directly advises him, not to appear or when he directs any member of the executive not to produce document."
This is not much of a surprise. The administration has been saying this since last summer. And Mukasey indicated some wariness on the question during his confirmation hearing -- although he said he hoped he wouldn't have to make that decision.
So now Congress knows what the answer will be if the Congressional leadership ever decides to bring it to a vote.
WEXLER: Thank you very much, Mr. Chairman.Welcome, Mr. Attorney General. Thank you for being here.
I would like, with your permission, to go back to an issue raised by Mr. Berman, which is this administration's failure to comply with congressional subpoenas.
WEXLER: This unprecedented obstructionist policy I think is best exemplified by the refusal of White House Chief of Staff Joshua Bolten and the former White House counsel, Harriet Miers, to even appear before this committee to answer legitimate questions about the firing of nine U.S. attorneys.
As I know you are aware, on July 25th of this past year, this committee approved contempt citations for both Mr. Bolten and Ms. Miers for their unprecedented refusal to appear before this committee.
Sadly, this behavior, abuse of power, in my mind, by this administration, is a pattern of limitless executive branch usurpation of authority. We have experienced endless executive privilege claims in the areas regarding the U.S. attorney firings, illegal wiretapping, and, of course, in the most notorious case, where the executive privilege got to the ludicrous point of Vice Percent Cheney arguing that he wasn't even a part of the executive branch in order to avoid a Freedom of Information request.
These abuses of executive power and the fact that the White House still refuses to provide any answers whatsoever to subpoenas is one of the primary reasons I have called for impeachment hearings regarding the vice president of the United States.
I think it's unfortunate, I think the American people lose in a big way, but I believe -- by the administration not providing information -- but I believe that impeachment hearings are the only way to actually obtain answers from this administration.
With that context, I'm curious, have you been instructed by the president of the United States to enforce or not to enforce contempt citations issued by the Congress?
MUKASEY: Respectfully, I cannot go into and will not go into, by way of affirmant or denial, any conversations that I've had with any other member of the executive on that subject or related subjects.
I should say that there is a long line of authority, going back several administrations, back to the Clinton administration and beyond, that says that the enforcement by way of contempt of a congressional subpoena is not permitted when the president directs a direct adviser of his, somebody who directly advises him not to appear or when he directs any member of the executive not to produce document.
That much said, there is a long history as well of cooperation and accommodation between branches, between Congress and the executive in accommodating one another's needs so that we don't have to come into collision in that fashion.
WEXLER: Thank you, Mr. Attorney General.
Can you tell me the individual that President Clinton instructed not to even appear before this Congress?
MUKASEY: Walter Dellinger rendered an opinion respecting the reach of executive privilege. I can't sit here...
WEXLER: I didn't ask about opinions. I'm asking if President Clinton instructed any individual in the Clinton administration not to appear before Congress.
MUKASEY: I do not know that.
WEXLER: OK. There is nobody. This is an unprecedented act where the president of the United States has taken the position that a high-level administration official should not even appear.
WEXLER: And I asked -- I'll ask it more generally, then -- have you been instructed to enforce or not enforce congressional citations?
MUKASEY: I will give the same answer that I gave before, which is that conversations between executive branch members are privileged. And that doesn't mean that I have or have not.
WEXLER: OK, fair enough.
Should Congress pass a contempt citation, will you enforce it?
MUKASEY: A contempt citation of...
WEXLER: With respect to the subpoenas, with respect to Mr. Bolten?
MUKASEY: If you're talking about a contempt citation based on Mr. Bolten's failure to appear...
WEXLER: Yes.
MUKASEY: ... in response to a direction by the president that he not appear, the answer is no. Because he can't violate that request.
WEXLER: Are you the people's lawyer, as you said to the Senate, or are you the president's lawyer?
MUKASEY: I'm the attorney general of the United States. And it's my obligation to enforce all legally binding precedent.
WEXLER: Thank you, Mr. Chairman.













Did you mean: Robert Wexler (D-FL)??
February 7, 2008 6:35 PM | Reply | Permalink
I thought, wow, that's pretty bold for a Republican to be saying that stuff. Who IS this Dave Wexler guy? Alas, it's Dem. Robert Wexler.
February 8, 2008 12:48 AM | Reply | Permalink
Well, that's it folks, nothing to see here, move along. The USA is officially dead, all they have to do now is make Bush, President for Life and that will be happening shortly.
February 7, 2008 6:44 PM | Reply | Permalink
Don't worry JA. I'm sure Sen. Leahy is already starting to write a VERY strongly worded letter.
February 7, 2008 7:04 PM | Reply | Permalink
Q. When the new pres is elected and the shrub refuses to leave the White House will you, Mr. Mucasky, order his eviction.
A. No.
Well there you have it, we have finally gone full circle and are now ruled by ole King George again...Happy repugnants..
February 7, 2008 7:06 PM | Reply | Permalink
It is already way past time for any strongly worded letters. I'm a Russian history buff and this all reminds me so much of the fall of the Romanovs.
Wait a minute, isn't International Women's Day coming up? Grab your Babushkas and lets have a revolution!
February 7, 2008 7:11 PM | Reply | Permalink
WEXLER "...With that context, I'm curious, have you been instructed by the president of the United States to enforce or not to enforce contempt citations issued by the Congress?"
MUKASEY: Respectfully, I cannot go into and will not go into, by way of affirmant or denial, any conversations that I've had with any other member of the executive on that subject or related subjects.
Golly. Here's a puzzler.
February 7, 2008 7:22 PM | Reply | Permalink
Inherent Contempt or Impeachment: Choose at least one or preferably both. What''s left?
February 7, 2008 7:32 PM | Reply | Permalink
Thanks Shurmer (sp) and Fienstien.
February 7, 2008 7:37 PM | Reply | Permalink
I knew we'd be better off without an AG until the expiration of Bush's term. This is a crock.
February 7, 2008 7:38 PM | Reply | Permalink
Congress has just had its face spit upon,its nose pulled and its butt kicked.
Bush, via yet "another" compliant Attorney General, who is supposed to inforce the laws of the United States and selectively refuses, has drawn a line in the sand and has dared Congress to cross it and take its case to the Supreme Court.
Watch Congress back down. Not just Republicans who already support Bush, but Democrats, too.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
Dennis
February 7, 2008 7:49 PM | Reply | Permalink
I will not investigate anything at any time, all I'll do is eat green eggs and ham.
February 7, 2008 8:23 PM | Reply | Permalink
AG won't help you in Congress with your agenda; why should you help the President with "his agenda"?
Congress is an independent branch of government. If Congress will not -- through impeachment -- enforce it's power, then it's [wait for it ] powerless, making the "new power of subpoena" in re 2006 DNC victory meaningless. Let's have some state-level enforcement action against the AG. Inaction by Congress in not using impeachment to enforce the power of Congress, sends the message: "We're not serious about asserting power, and agree to be marginalized despite the 2006 voter mandate to the contrary."
Congress, if it doesn't impeach, is sending the message: "We only want to have the option -- in theiry, not practice -- to conduct investigations; but we aren't willing to take any action to see that our investigations are respected by way of subpoenas."
Congress is free to go home. Not doing anything to defend the Constitution. It's showing it's not serious about defending it's Article I powers from encroachment. Clear evidence of no fully asserting one's oath to defend the Constitution against domestic enemies, in alleged violation of 5 USC 3331. If the AG won't enforce the Contempt citations, and Congress does nothing, let's proseucte Members of Congress for 5 USC 3331 violations.
February 7, 2008 8:47 PM | Reply | Permalink
Un FREAKING believable!! T
he President get's to assert executive priviledge and there is no recourse. He says it's so and that's it. So, no subpoena is enforceable if the President doesn't want it to be. This is what it has come to with this mother fucking country thanks to people like Bush and Mukasey. God, it's past time for a revolution. Fuck Bush and the horse he rode in on!!
February 7, 2008 8:50 PM | Reply | Permalink
You forget, this "cowboy" president can't ride a horse.
February 8, 2008 8:07 AM | Reply | Permalink
"Mukasey's simple answer was "no." Enforcing the contempt citation is "not permitted when the president directs a direct adviser of his, somebody who directly advises him, not to appear or when he directs any member of the executive not to produce document."
Isn't this decision the purview of a court?
Maybe Mukasey is having flashbacks to his time on the bench.
Doesn't basic civics say that the justice department is supposed to be enforcing the law and the judicial makes decisions on the merit of the case?
February 7, 2008 9:16 PM | Reply | Permalink
I know this is naive, but what possible reason could there be for the Capitol Police to allow Mukasey to leave the building after that answer?
By the end of this year we may be looking back fondly on Gonzalez's tenure.
February 7, 2008 9:25 PM | Reply | Permalink
You are only the second person I have read or hear of who agrees with me that Mukasey is worse than Gonzo. Gonzales was a bumbling fool but he was a transparent fool -- you could see right through him. You knew all along that he was just a stooge for Bush/Rove. But Mukasey is far more opaque and canny and has the ability to muster arguments that sound plausible while still making a mockery of the law.
The Democrats have nobody to blame but themselves for Mukasey. It was Charles Schumer who championed Mukasey as a replacement for Gonzales.
"Sen. Charles Schumer (D-N.Y.) - who voted against both of President Bush's previous nominees to the U.S. Supreme Court - suggested in a 2003 letter to the president that federal Judge Michael Mukasey, as a potential nominee, would be "ideologically moderate."
"Schumer, who led the successful push by Democrats to oust Alberto Gonzalez as attorney general, now supports Mukasey's nomination by Bush to lead the Justice Department."
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200709/POL20070917a.html
February 28, 2008 9:43 PM | Reply | Permalink
CIA Boss: Waterboarding May Be Illegal
By LARA JAKES JORDAN and PAMELA HESS
"I didn't do anything wrong, and I won't do it again." (From the Top 100 April Fool's Day jokes)
This is a joke isn't this?
Read The Top 10 Worst April Fool's Day Hoaxes Ever at museumofhoaxes and you get an idea of the intellect that we are dealing with.
February 7, 2008 9:27 PM | Reply | Permalink
The real fools are those members of the Senate who believed a word that Mukasy said during his nomination hearing. Right now the proper course of action is for Congress to refuse to approve any budget for the Executive Branch. Let them work out their terms pro bono.
February 7, 2008 9:42 PM | Reply | Permalink
So will anyone in the media go back to Chuck Schumer on this one? Schumer was a prominent Democrat who went for confirmation, in the face of opposition by his constituents. Now, everything that people told Schumer would happen has happened.
TPM has contacts with Schumer. He did a book club here once. Maybe you all should find out if the Senator now sees the error of his mistake?
February 7, 2008 10:29 PM | Reply | Permalink
Is the audio or video of the whole hearing available anyplace? C-Span does not have it posted as far as I can tell.
(I always regret when I miss House Judiciary or Oversight and Gov reform hearings when C-Span does not cover them - I know they are streamed live via the committee websites, but I have not yet figured out how to get them afterwards)
Thanks In Advance
February 7, 2008 10:51 PM | Reply | Permalink
I think the only recourse then is to ask the inspector general to investigate the decisions themselves. Given what Goldsmith said about "advanced pardons," it was clear that these were not objective legal opinions but that the authors of the opinions were part of a criminal conspiracy to allow activities they knew were illegal.
However, I obviously find Mukasey's argument ridiculous--nobody else can use advice of a lawyer to justify their illegal acts, why should the government be able to? They can however sue that lawyer for malpractice. And if Mukasey doesn't believe the rulings from the OLC were legally sound, he has an obligation to enforce the law as it is *now* understood and let the courts decide whether getting bad legal advice from the OLC is a mitigating circumstance that should result in a more lenient sentence.
February 7, 2008 11:12 PM | Reply | Permalink
This Congress needs a cattle prod shoved up their asses before we lose this country. Do these idiots have a pulse??
When the trucks come to take us to the concentration camps, don't believe them when they offer the hot showers.
I can't believe what I am seeing/hearing before my very eyes in AMERICA... a sick feeling just washed over me like a death vail.
February 7, 2008 11:24 PM | Reply | Permalink
Fascism watch: Truthout reporting the FBI has a nationwide civilian militia, InfraGard, in industry with more chapters than there are states, incepted in 1996.
'Today, more than 23,000 representatives of private industry are working quietly with the FBI and the Department of Homeland Security. The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does - and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to "shoot to kill" in the event of martial law.'
Read it and weep:
http://www.truthout.org/docs_2006/020708T.shtml
InfraGard's site: http://www.infragard.net/membership/
February 7, 2008 11:47 PM | Reply | Permalink
Centerpunch: I can't believe what I am seeing/hearing before my very eyes in AMERICA... a sick feeling just washed over me like a death vail.
I get that.
February 7, 2008 11:48 PM | Reply | Permalink
Schumer should have just jumped the float at the parade wherever it was going and not returned.
February 8, 2008 12:28 AM | Reply | Permalink
If any of you Republicans believe Congress is looking out for you... remember- Congress is not passing laws preventing this in the future.
For the Democrats who believe Congress is looking out for you, see the paragraph above.
"We the People" need to kick them ALL out and get some new blood in there who is NOT indebted to these two mob parties....IMHO
February 8, 2008 1:11 AM | Reply | Permalink
I don't suppose writing some strongly worded letters of our own would make Pelosi put impeachment back on the table. Nonetheless, in my naivete, Mukasey has inspired me to do just that. For the first time, I wrote to Pelosi expressing my outrage. One letter won't do anything, I know. Maybe 10,000? 100,000?
And why is impeachment off the table? Too much trouble? A backroom deal? Is she worried about the polls (as though they could go any lower)?
At least Bush is straightforward about subverting the Constitution. He puts it right out there. What is it that's behind Pelosi's subversion of the rule of law? It's the great mystery of our time.
February 8, 2008 10:44 AM | Reply | Permalink
Good Old Sam was a loving soul. One cold winter's day he was full of lovingkindness for all living creatures, and as he walked along he saw a rattlesnake lying beside the road, freezing to death. So he picked the snake up annd held him against his breast to warm him up. After a while he smiled to himself as he felt life returning to the snake. At first there was just a small wiggle; then Sam felt a shaqrt pain in his side. The snake had bittern him. He looked at the snake crawling away as his eyes went dim. "How could you," he asked.
"Well," said the snake, "you knew I was a snake when you picked me up, didn't you?"
Uncle Sam really should have known what Mukasey was when he took him to his breast.
February 8, 2008 10:53 AM | Reply | Permalink
That was a "sharp" pain.
February 8, 2008 10:57 AM | Reply | Permalink
Remember when just lying about a blow job was grounds for Impeachment of the President of the United States of America.
How far we have fallen.
February 8, 2008 2:22 PM | Reply | Permalink
Impeachment is maybe one percent about the law and 99 percent about political clout. The ONLY reason Clinton was impeached was the Republican Party had enough clout at the time and would have picked anything at all or made something up if need be to try to trash Clinton. Clinton was lame enough to hook up with a talkative intern to provide them with ammunition. The Democrats, who seem to be stymied at every conceivable juncture by the minority party, apparently have no clout, or not enough in any event to get impeachment off of square one for anyone in the Bush Criminal Enterprise despite prima facia evidence that a wide variety of crimes and misdemeanors have been perpetrated for the last 7 years. This whole process now gives me the sense of the hoops fan whose second rate team has been pounded by the visitors from Maryland for three quarters, the score is 98 to 37, the stands cleared out before the second half, the starters are all sitting, and the only people remaining are the die-hard fans who want desparately to cheer for something.
February 8, 2008 3:08 PM | Reply | Permalink
Buck you nailed it.This DEM congress must be brain dead except for a very minor few.They approved Clarence Thomas,the 2 new Supremes,Gonzolase?and Mukasey then act suprised when they turn around and bite us on our asses.It's no wonder they have a 22% appproval rateing
February 8, 2008 3:23 PM | Reply | Permalink
DOJ AG assertion that he will "not" enforce the subpoenas/contempt citations with prosecutions is meaningless drivel. "Inherent contempt" is something Congress alone, outside the prosecutor's office, can enforce. DoJ AG has no power to thwart Congress on the issue of "inherent contempt" unless Congress wants to pretend it is thwarted.
Why isn't Congress using "inherent contempt" so it can bypass the DOJ AG and directly enforce its power against those who defied the subpoenas? Congress isn't serious about enforcing it's power, nor in fully ensuring it's investigations are supported. The 2006 voter mandates -- of "change" and "now that we have subpoena power, the Committees will do something" -- are meaningless drivel. Congress pretends it is thwarted, when it is not; and the DOJ AG pretend he can block Congress, when it is Congress that is choosing not to assert all lawful options to enforce its power. Congress isn't serious, and showing evidence it has mental reservations about fully doing its job, in alleged breach of 5 USC 3331.
If the DoJ AG refuses to enforce 5 USC 3331, the State AGs have the power to enforce this against all US government personnel. That oath is something the AGs can enforce also against a sitting President and Vice President.
February 8, 2008 7:45 PM | Reply | Permalink
Can Congress punish the DOJ? Cut funding? Revoke privilages? Do they have any stick whatsever? Just curious. Hit 'em where they live. I'm disgusted.
February 13, 2008 3:57 PM | Reply | Permalink
"Why isn't Congress using "inherent contempt" so it can bypass the DOJ AG and directly enforce its power against those who defied the subpoenas?"
Because a corrupt, easily bribed Congress is a part of the problem. For example, look how both Republicans and crossover Democrats have given retro-active immunity to the telecom industry for spying on Americans even prior to 0/11.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
February 13, 2008 6:32 PM | Reply | Permalink
Wexler is my hero. This guy is really asking the right questions. If we do not speak up and hold everyone accountable, the precedent we will have set is unacceptable, we will all be responsible. Call your representative.
February 14, 2008 1:50 AM | Reply | Permalink
OK, he's committed a crime. A felony I'd guess.
First find the son of a bitch in contempt of Congress.
Then impeach the son of a bitch. Then indict him for treason. Then jail him in Gitmo.
It's too good for him, but it'll do for now.
February 14, 2008 3:20 PM | Reply | Permalink
Again... remember who supported Mukasey from the Democratic party section of the Justice Committee:
Diane Feinstein
Charles Schumer
Add this to the list of insults was Mukasey's non-responses to direct questioning from Jim Lehrer on PBS' News Hour last night (2/13/08). But the assualts upon the Constitution don't stop there, either.
AWOL in the fight against giving telecommunication corporations retroactive immunity were Feinstein and Hillary Clinton.
It's clear to all of us in California that Diane Feinstein, "DiFI" out here on the Left Coast, is a close ally of large corporate interests. She is a major backer of Hillary's campaign.
Let's look further back to the appointment of Alberto Gonzales. Look who sided with the Republicans on that key vote, too.
Pretty disgusting stuff.
February 14, 2008 3:35 PM | Reply | Permalink
A.G. Mukasey is a little tricky in his explanation of why he could not prosecute the contempt case. He says:
MUKASEY: If you're talking about a contempt citation based on Mr. Bolten's failure to appear ... in response to a direction by the president that he not appear, the answer is no. Because he can't violate that request.
It sounds fair, doesn't it? It wouldn't be cricket to put Bolton in jail for obeying the President's order. But that's not really how it works in practice.
When a person has been ordered to disobey a subpeona, that order may or may not be legal. The purpose of the contempt proceeding is to make that determination, not to put the person in jail. The person appears in court, explains his justification, and the court decides if the refusal is legal. If it is, fine. If not, the court tells the person they must appear. If the person then declines, jail is in order.
The trick Mukasey is pulling is that he is pretending to protect someone who is only following orders -- which seems fair -- but what he is really doing is shielding those orders from judicial review. It seems the Bush administration will go to any length to make sure no court every gets to rule on administrative lawbreaking.
February 14, 2008 5:11 PM | Reply | Permalink
MESSAGE
February 17, 2008 8:38 AM | Reply | Permalink
MESSAGE
February 17, 2008 8:38 AM | Reply | Permalink
If Mukasey won't do his job, Congress should take matters into their own hands and hire Dog the Bounty Hunter to bring 'em in. If Pelosi and Reid's strategy is to preserve the unitary executive for an Obama Presidency, they are doing a fantastic job.
February 28, 2008 10:34 PM | Reply | Permalink
Why not investigate the crooked buggers in congress who accept bribes for their votes, instead of dis-regarding their constituents....
How about new TERM- Limits and also changing the laws from a misdemeanor to a Felony offense for jumping the borders, and changing the 14th amend. sect.1 to jus sanguinis away from the slave baby rule of jus soli.....
These are things wanted by 80% of americans and yet we are thwarted by disregard for anything but money,money,money....
Who has the balls to stand tall and do right by the ciizens of this country......????
March 28, 2008 3:50 PM | Reply | Permalink