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24 Former U.S. Attorneys Say Congress Can Subpoena White House
In the legal standoff between Congress and the White House, a group of 24 former federal prosecutors is siding with Congress.
The attorneys joined in a friend-of-the-court brief arguing that Congress should be allowed to issue subpoenas to White House aides to investigate political influence at the Department of Justice.
The list of former U.S. attorneys who filed the documents in U.S. District Court includes David C. Iglesias, who says he was fired as New Mexico's top prosecutor for political reasons. The prosecutors said that, without congressional oversight, presidents would be free to meddle in prosecutorial decisions."If permitted to enforce its subpoenas for documents and testimony, Congress has a unique ability to address improper partisan influence in the prosecutorial process," the former prosecutors wrote. "No other institution will fill the vacuum if Congress is unable to investigate and respond to this evil."













If you want to know the value of congressional investigations, you need go no further than Watergate.
Take a look at this discussion from C-SPAN http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&cPath=18_20&products_id=204678-1
There would have been no mechanism for shutting Nixon down without congressional investigations.
All these investigations going on now are essential. Yeah, lots of people get snarky about "sternly worded letters," but there were plenty of those before the big hearings could be held back in 1973.
Having the USAs supporting the congressional subpoenas is very valuable. They were part of the Executive branch, so they are in a perfect position to understand what is and isn't valid for the Executive to withhold, and to advise the Congress it has the right and duty to investigate.
May 30, 2008 3:24 PM | Reply | Permalink
I don't think that's the question here. Congress can do whatever it wants with subpoenas. The question is, does the WH have to respond with any action?
May 30, 2008 4:11 PM | Reply | Permalink
That's the question - and the real question is - if they ignore the subpoena, how does Congress enforce it?
I guess in federal court.
I had thought so much of this was settled with Nixon - the president is not above the law. But this is a whole knew level of thumbing your nose at the law - this administration doesn't give a shit and says so.
At least Nixon pretended.
May 30, 2008 4:54 PM | Reply | Permalink
At this juncture beginning the process of issuing Articles of Impeachment would also be a proper method of requiring compliance. The Bill of Particulars presently extant for the initiation of the process is staggering. A great starter would be that Bush, by his own admission, is complicit in the FISA/Illegal Wiretaps debacle. As Hillary's providing the smokescreen that obscures the next looming debacle, Iran, it's time to stop screwing around and put the brakes to these felons before we have another, "Pearl Harbor type moment."
May 30, 2008 5:22 PM | Reply | Permalink
What does any of this matter when you have a judge as corrupt and sleazy as John D. Bates, who will never use precedent or facts or competent analysis when it could damage republicans? John D. Bates has to be one of the worst, sleaziest, most degraded judges out there--up there with Antonin Scalia when it comes to twisting the law to further extreme right-wing goals.
May 30, 2008 4:23 PM | Reply | Permalink
Just for the record, Judge John D. Bates is married to the lawyer Carol Alwyrres Rhees. Apparently, he met Carol A. Rhees when they were both lawyers at Steptoe & Johnson.
It might be enlightening to investigate whether she's ever come before his bench.
May 30, 2008 4:54 PM | Reply | Permalink
It's way past time to dust off the power of Congress to charge defiant loyal Bushies with "inherent contempt" -
Under the inherent contempt power, the individual is brought before the House or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned. The purpose of the imprisonment or other sanction may be either punitive or coercive. Thus, the witness can be imprisoned for a specified period of time as punishment, or for an indefinite period (but not, at least in the case of the House, beyond the adjournment of a session of the Congress) until he agrees to comply. The inherent contempt power has been recognized by the Supreme Court as inextricably related to Congress’s constitutionally-based power to investigate.
http://thenexthurrah.typepad.com/the_next_hurrah/2007/03/dusting_off_inh.html
And since Congress has to hold "pro forma" sessions now to keep Bush from pulling off recess appointments, they technically hardly EVER adjourn anymore. Can you say, "unlimited detention"? I knew you could.
May 30, 2008 5:56 PM | Reply | Permalink
While I would find personal pleasure in the Congress pursuing these folks a.s.a.p., I think the more prudent approach would be to wait until President Obama is sworn into office. He can waive any and all claims of executive privilege, seek the appointment of special prosecutors to investigate and prosecute, as well as make referrals to the bar for disciplinary action (in the case of attorneys). This is true as to the problems in the DOJ vis-a-vis improper terminations of USAs as well as the torture of detainees.
In many ways, I think our country needs a Truth and Reconciliation Commission a la post-apartheid South Africa to address the GWB administration's violations of statutes, treaties, and the Constitution. While we would all enjoy seeing GWB and his minions behind bars, it is more important that we, as a country, understand how badly we have strayed from our laws and ideas.
May 31, 2008 10:30 AM | Reply | Permalink
I agree.
June 2, 2008 11:02 AM | Reply | Permalink
Vincent Bugliosi and John Dean have said the time has come to stop playing games. It is time for special prosecutors. And public hearings, under penalty of prison. I can foresee three US Attorney Generals going to prison. They deserve it.
May 30, 2008 6:31 PM | Reply | Permalink
OK, I'm too lazy and hungry (crap, it's almost 9:00!) to do the research, but I think this is the point where you get your special counsel or independent counsel or whatever on. How the hell did they investigate Bill for all those years? Damn. I'm a lawyer, I should know this.
Basically, DOJ is ignoring Congress. That won't last much longer. But, in my uninformed opinion, Congress should push this now so the ground is prepared when Obama gets into congress. Let's try the bastards when they're private citizens and can't hide behind the effing presidential seal any longer.
May 30, 2008 10:46 PM | Reply | Permalink
When Obama gets into the white house. Low blood sugar. Turning off the 'puter now.
May 30, 2008 10:47 PM | Reply | Permalink
LOL, yeah, they can "subpoena" all they want to BUT what they will get is a bunch of lies and mumbo jumbo so why bother.
JJ
http://www.fireme.to/udi
May 30, 2008 11:47 PM | Reply | Permalink
Show me a single case where a mob leader allowed his/her underlings to provide testimony to a grand jury withoutthat underling disappearing, dying or having a sudden change of heart. Crooks do everything they can to prevent others from telling what they know about them. It's no different in this case. When a sitting President and Attorney General abuse the intent and purpose of our Constitution and our the legal system, they should be immediately impeached. The fact that impeachment was taken off the table by pussy-footing Democratic leaders is a disgrace that Democratic leaders should be held accountable for. They should not have eliminated the threat of impeachment. It is there duty as elected officials to stand up and enforce our laws, not provide the means to avoid legitimate accountability because doing so would be costly, inconvenient or politically risky. And now that they're allowed Bush's gang to avoid the investigations and on the record testimony impeachment provides while Bush was in office, they sure as hell better fully and exhaustively investigate and enforce the on the record testimony of every relevant Bush adminstration official and functionary in every suspect area after Bush is gone. If they back off after Bush is gone, they should be condemned by their constituencies and voted out of office during their next election. Democrats can't allow even the possiblity of any president avoiding Congressional oversight like George W. Bush has.
May 31, 2008 12:05 PM | Reply | Permalink
to Congress,
please
ITMFA
May 31, 2008 2:12 PM | Reply | Permalink
I, for one, just want to see that man/woman Harriet Miers frog-marched to a court room somewhere and then after being found guilty sent right off to a jail. how smug of that woman. she had the temerity, the nerve, the gall to accept Bush's nomination to be on the Supreme Court when she knew, she knew, there were more qualified people than her. Bush wanted to be 'comfortable' by picking her, someone he knew, never mind the Supreme Court is not his 'plaything' to do with as he pleased. But she could never say no to him, so she arrogantly said yes. And she was rightly embarrassed by the ensuing conservative backlash at him and her. I have no use for her.
June 1, 2008 6:55 PM | Reply | Permalink
But, but the decider-er thinks the SCOTUS is his plaything! His momma musta tole him so. . .
June 2, 2008 8:33 AM | Reply | Permalink
Bothersome to me:
1) The Dems have not told America "what specific questions do they want to ask Miers and Bolten"?
CAN ANYBODY GET EXCITED ABOUT THESE SUBPOENAS BEING OBSTRUCTED WHEN NOBODY KNOWS HOW CRUCIAL THESE WITNESSES ARE, and whether or not The Dems have any other witnesses or evidence available that would compel honest disclosure under oath?
2) I have dealt with the worthless Dems in the Senate and....CAN TELL YOU, THEY ARE ALL POSTURING BOGUS WEAK PATHETIC unindicted coconspirators to this White House corruption and secret murders.
3) I saw LEAHY and SPECTOR script hearings with Mueller, who is...by the way...THE DIRECTOR OF THE FBI TASKED WITH INVESTIGATING VIOLATIONS OF THE FED CRIM CODE especially in HIGH PROFILE CASES WHEN CRIMES ARE COMMITTED BY EXECUTIVE BRANCH EMPLOYEES.
I'm talking about TAMPERING WITH A WITNESS...TORTURING AN INNOCENT DEMOCRATIC DOCTOR NAMED MARK GORDON...MURDERING MARC'S BROTHER RICH GORDON (Daschle's ex chief of staff)...and the POLITICIZATION AND CORRUPTION USED BY SOUTH DAKOTA ATTY GENERALS MARK BARNETT, LARRY LONG, AND DONALD SRSTKA when they "OBSTRUCTED MY SD MED BD COMPLAINT" and "stalked and harassed Rich Gordon" before "stalking and harassing Dr. Mark Gordon" whose medical license was revoked under pressure of fired Sioux Falls FBI punk DAVE HELLER, DAN REYNALDS, and little Jimmy "jerkoff" McMahon (former SD US ATTY fired after I started calling US DOJ OIG Denver).
The dems....have no interest in doing anything except posing, playing it safe, and enjoying their 11% favorable rating in the latest Zogby poll?
Give up guys..............ITS OVER...ITS GONNA BE OVER FOR ALONG TIME.
OBAMA will also...make sure the US INTEL COMM enjoys secret criminal immunity.
June 3, 2008 11:28 AM | Reply | Permalink