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House Lawsuit against White House Expected This Month
As expected, Attorney General Michael Mukasey gave the House the legal finger on Friday in response to a criminal referral for White House aides' contempt of Congress. Think of that what you will, the House has been forced on to Plan B, a civil suit against the White House.
Roll Call (sub. req.) reports it should be coming soon:
House Democrats said a civil lawsuit could be filed as early as this month that challenges the Bush administration’s claims of executive privilege in curtailing aides from testifying on Capitol Hill….According to Democratic sources, staff is working expeditiously to finalize the lawsuit, which is expected to be filed in the U.S. District Court for the District of Columbia before the House recesses for two weeks on March 14.
The general counsel, which will file the lawsuit on behalf of the House Judiciary Committee, is expected to urge the federal court to rule on the legitimacy of the Bush administration’s claims that executive privilege protects conversations between Miers and Bolten and the president. The court also could compel both individuals to testify before the House committee.
Josh
Zachary
If this AG's response was "expected," why wasn't the House prepared to immediately file in court? Saying the action will be "some time this month" suggests the House though the AG might not do what was "expected".
The House should have been prepared to immediately file:
. . . and as late as . . .? The Congressional staff counsel need some independent oversight.
March 4, 2008 12:31 PM | Reply | Permalink
And there's a judge left, on a Federal bench, who would dare rule against Bush & his cronies? I don't think so!!
March 4, 2008 12:35 PM | Reply | Permalink
That Pelosi is just one fickle girl.
Why aren't we busily putting together a blanket immunity package for all members of the Executive Branch who engaged in "massive" (to quote Intel Czar McConnell) violatons of the law and refuse to testify to Congress about it?
After all, they did it in "good faith" which we know, becasue they only did what the President wanted them to do and if the President wants it, it is legal and it is good faith (bordering, even, on deific faith) to do what the President wants. After all, how can the President ever get people to routinely break civil and criminal laws if Congress expects them to show up and tell the truth?
Good lord, if Miers has to testify about how she helped corrupt forever the institutions of justice in this nation, the terrorists have won.
The only bigger and worse joke than Miers is Pelosi.
March 4, 2008 12:39 PM | Reply | Permalink
These links well capture the debate. The comments here and this thread are interesting. (h/t: TPMM)
March 4, 2008 12:49 PM | Reply | Permalink
They must be fooling someone, but who?
March 4, 2008 12:51 PM | Reply | Permalink
It's ironic that as the House struggles with getting a response from those allegedly involved with the US Atty firings, the Senate is rubber stamping DoJ replacements. Glad the DNC won in 2006, things have really "changed".
March 4, 2008 12:53 PM | Reply | Permalink
Ha ha. I'll believe it when I see it. This is what they say now. But they'll sing a different tune when the White House tells them they can't do it. Because if you sue, you will help the terrorists.
March 4, 2008 1:31 PM | Reply | Permalink
Forget the lawsuit! The House should use its inherent contempt powers to arrest, try and imprison Miers and Bolten on its own authority. Send over a squad of capitol police, led by the House Sgt. at Arms; arrest their asses; perp-walk them up the front steps of the Capitol; and lock them up in the basement until they talk! It's legal; it's been upheld by the Supreme Court. Pull the trigger now, for the sake of the Constitution and the rule of law!
March 4, 2008 1:31 PM | Reply | Permalink
Skipping a judicial proceeding and going straight to arresting Miers and Bolten under an inherent contempt theory feels pretty eastern bloc to me. I won't be surprised if Pelosi and friends flake out, but I think we ought to give them a little support in their trying to be civil.
That said, I do appreciate the posters to this site keeping up the heat.
March 4, 2008 2:36 PM | Reply | Permalink
ooooh, I'll bet Bush & Cheney are shakin in their boots now ! ! !
March 4, 2008 2:04 PM | Reply | Permalink
The democrats file a law suit and run for cover on March 14. I'm not impressed. Then the decision will come, as the clock ticks, and if lucky they might have to appear. But then the "fifth" will be introduced and Congress will run away again with their tail between their legs.
There is no fever to change anything in Washington. The status quo is just fine with Washington in general. Money is the bottom line and they can't get enough of it. They represent no one but themselves.
Scandal consumes Congress and constituents have no imput.
America just burns and burns, and we all just look and look in utter disbelief.
March 4, 2008 2:21 PM | Reply | Permalink
Why not impeach Mukasey instead?
Bypass Bush's Court and kick the bum out!
Then sue to enforce Contempt of Congress.
Congress isn't described in ARTICLE 1 of the Constitution for nothing!
If Nancy is allowed to actually exercise the Constitutional powers granted to Congress, Mukasey (and the Bush, and so on, and so on...) is toast.
However, Nancy must decide whether she will stand up to her blackmailers and defend our Nation, or whether she will cower in fear and watch our Nation dissolve into a totalitarian regime.
March 4, 2008 2:27 PM | Reply | Permalink
They didn't have time to prepare their response to Mukasey's refusal to enforce the law against public officials - they were too busy putting together a perjury charge against Roger Clemens for lying about what he put into HIS OWN BODY.
Gotta hold somebody "accountable".
March 4, 2008 2:47 PM | Reply | Permalink
General Robert E. Lee complained that the Confederate congress was unable “to do anything except eat peanuts and chew tobacco, while my army is starving….”
Good ol' America!
Congress has a remedy that has been provided to deal with this kind of treasonous and illegal action. But they won't use it.
Sigh.
BP
March 4, 2008 2:58 PM | Reply | Permalink
Oy. Sue? In civil court? How pathetic. What is Congress... a bunch of citizens with a complaint? Or a co-equal (and constitutionally pre-eminent) branch of government? (I guess we know how Pelosi sees it... not that we haven't known this for a long time.)
And those federal judges, although approved by Congress, are appointed by the executive, and although nominally independent are more creatures of the executive than Congress. And THEY are to decide a matter of Congressional prerogative?
Oy. Oy. Oy.
Nothing new here. Nothing here but a determination to avoid a confrontation because of a calculus that a Democratic President in 2009 matters more than the Constitution.
You would think by this time that Congressional Republicans might be wanting to impeach the President to define the powers of the next Democratic President... but it seems as if the fascist leaning is spread equally among the Congressional parties. All power to the Presidency! All power to the supreme and unquestionable leader.
March 4, 2008 3:19 PM | Reply | Permalink
Screw the courts, screw impeachment and all that. I think the Dem leadership should just ambush Bush and kick the ever-loving shit out of him. He's literally a bully. The only way to best a bully is to beat up the bully.
I am obv joking, and I don't condone violence ever, but we have hit a wall. The Dem leadership has no legislative strategy, no power whatsoever despite majorities, and no umph or energy at all. Incredible given how clearly Bush has screwed us, and how poor his ratings are across the board. Bush is just riding his bully tactics all the way to the GWB Presidential Library without being held accountable for ONE SINGLE thing. He needs to have his ass kicked SOMEHOW, literally, figuratively, legislatively... SOMEHOW.
That and the image of Nancy Pelosi jumping on Bush's back and beating him over the head with a gavel kinda cracks me up.
March 4, 2008 4:22 PM | Reply | Permalink
Are you opposed to removing Pelosi as SpeakerM to make way for impeachment?
March 4, 2008 4:35 PM | Reply | Permalink
Am I opposed to removing Pelosi to make way for impeachment? Not at all.
March 4, 2008 4:56 PM | Reply | Permalink
Blah, blah, blah. They won't do shit cause they never to shit, except, I guess, the shit on us.
Take Pelosi off the table in 2008.
March 4, 2008 4:38 PM | Reply | Permalink
The Dems never tire of finding ways to get Republicans elected. They cave on warrantless wiretapping of incoming international calls, which they are wrong about but at least is worth fighting over, and choose to go to court and potentially lose their contempt power against a claim of executive privilege over what--the politically motivated firings of political appointees? Now there's something to fight for--the right of incompetent Republican US attorneys to cling to power! If HillBama is elected, then s/he will fire all of the US attorneys for political reasons, with any luck during the trial itself.
But in all likelihood, having already lost the game of chicken repeatedly, Nance and Sten will blink again here in a few weeks and set their base (like Egypt and Jim) to much teeth-knashing and hair-rending.
What are the Dems going to run on this Fall, since they have no legislative accomplishments of any kind? I know, they will promise to remove President Bush from office in January!
P.S. I think it would be an unconstitutional Bill of Attainder for Congress itself to arrest and imprison Miers and Rove. Art. I sect. 9.
March 4, 2008 8:40 PM | Reply | Permalink