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Can it really be true? Will the high priest of executive privilege actually submit to a Congressional subpoena?

When House Judiciary Committee Chair John Conyers (D-MI) invited a slate of current and former administration officials to testify about the authorization of torture, I was skeptical that he would meet much cooperation. But when it came to David Addington, Dick Cheney's chief of staff and longtime consigliere, the idea seemed downright ludicrous. If Addington has spoken publicly or even given an interview in the last eight years, I'm unaware of it.

But in a letter (pdf) to the committee yesterday, the vice president's counsel Kathryn Wheelbarger signaled a willingness to cooperate. It was, for sure, a long way from the original reply, which I summarized at the time as, "You're asking the wrong person, but even if you were asking the right person, you couldn't make him show up, and even if he did show up, he wouldn't say anything."

Yesterday's letter is a change of tone. Because the committee has signaled that it will limit the range of its inquiries (this is Addington only speaking for himself, he can't speak about communications with the Vice President or President, he has the right to invoke "applicable legal privileges), Addington seems to be leaning towards showing up.

That doesn't mean that the vice president's office has changed their mind about whether he has to show up, mind you. The courts would agree that Addington is "immune from compulsion," Wheelbarger writes. But Addington might show up out of the goodness of his heart, "as a matter of comity," as the letter puts it.

The letter falls short of saying that Addington will definitely show up to Tuesday's hearing, but Wheelbarger does write that "the Chief of Staff to the Vice President is prepared to accept timely service of a Committee subpoena for testimony for a hearing on May 6, 2008." When the Politico asked Cheney's spokeswoman whether this meant that Addington would comply, she said "Since he hasn't been issued a subpoena, it would be a little premature to comment on whether he would comply." He is a coy one, that Addington.


Comments (28)

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Torture was authorized by the Office of Legal Counsel (John Yoo) at the Department of Justice.

David Addington was involved in discussions that led up to these memos. But we know that Addington is a master "parser" - and argues teeny tiny technicalities that then underpin huge policies.

Case in point - the Vice President is not an "office' or "agency" of the Executive Branch. In other words, a fourth branch. Why relevant?

Well, consider how OLC chooses to define what its office does:

Office of Legal Counsel

The Assistant Attorney General in charge of the Office of Legal Counsel assists the Attorney General in his function as legal advisor to the President and all the executive branch agencies. The Office drafts legal opinions of the Attorney General and also provides its own written opinions and oral advice in response to requests from the Counsel to the President, the various agencies of the executive branch, and offices within the Department. Such requests typically deal with legal issues of particular complexity and importance or about which two or more agencies are in disagreement. The Office also is responsible for providing legal advice to the executive branch on all constitutional questions and reviewing pending legislation for constitutionality.

All Executive orders and proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President's formal approval.

In addition to serving as, in effect, outside counsel for the other agencies of the executive branch, the Office of Legal Counsel also functions as general counsel for the Department itself. It reviews all proposed orders of the Attorney General and all regulations requiring the Attorney General's approval. It also performs a variety of special assignments referred by the Attorney General or the Deputy Attorney General.

The Office of Legal Counsel is not authorized to give legal advice to private persons.

So, let's keep in mind that the OVP-Office of the Vice President (under Cheney/Addngton's definition) is NOT an "agency" nor "office" of the Executive Branch.

This means (using OLC's definition of its functions above and Cheney's definition of his office) that OLC does not provide written opinions nor oral advice to OVP, beacause OVP is not an Agency. This means that OLC does not function as a legal advisor to OVP because OVP is not an Agency.

The only link that may exist between OLC and OVP might be the "consitutional advice" clause because that is directed to the Exececutive Branch (and I don't think that Cheney so far has refuted being part of the Exec Branch, at least sometime).

So, long story short, OLC is not OVP's legal advisor... OLC is not writing opinion memos for OVP... SO WHO IS?

I think Addington is somehow caught up in this technicality.

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At the 04/29/08 Senate Judiciary Committee hearing on "Secret Law" Senator Brownback asked John Elwood from the DOJ's Office of Legal Counsel about how OLC's legal opinions are released.

Elwood went to say that he and acting (and unconfirmed) head of OLC Steven Bradbury are trying really hard to get OLC's legal opinions publicly punished, but a siginificant roadblock is that "THE AGENCIES" usually have other concerns and their own work that falls ahead of replying to OLC about releasing the legal opinions. Elwood only mentioned working with "The Agencies" but nothing about the White House or the Office of Vice President.

Note, again, the reference to "The Agencies." Even though OLC by their own definition does not offer opinions to OVP because it is "not an agency" -- if OLC happened to offer this advice to OVP, they clearly would not be working to get OVP's opinions public because OVP is "not an Agency."

What a word game they've constructed!

The Congress has a jail in the basement and police force . . . Why aren't they using the resources at their disposal?

I doubt he will testify about anything.


We're long past constitutional remedies.

We're slipping into a revolutionary window of opportunity again.

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I think justice would look something like this:

He was promised a Supreme Court Appointment in the next Repbulican administration and he doesn't want to make enemies now so that's why he shows up.

He gets to the court and the next nutty Republican president has the Supreme Court knocked down to the level of a small claims court.

...don't count your witnesses before they testify?

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and he's going to either go up there and lie his worthless ass off with impunity, or else claim that his oath of fealty to Bush shields him from having to answer any of those pesky questions from the congressmen/women.

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I Predict: He shows up, okay; then he refuses to answer any questions, in effect sticking a shite-encrusted thumb in the Committee's eye, laughing right in their faces...

Sometime before then, they'll probably find him having committed suicide somewhere in Florida.

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The Mouthpiece of Satan deigns to speak before the Congress? Oh, how he has lowered himself. That he would sit before such useless mortals is incredible...


I guess we begin bombing Iran the afternoon of May 6.

ITMFA


.

Before I forget...


ITMA.

what does ITMA stand for? educate my ignorant self

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Impeach The Motherfucker Already (also rendered more commonly as, "ITMFA")

It could be fascinating to watch him on the Hill - or an exercise in hair-pulling frustration.

Either way, he wouldn't utter one word that's helpful in understanding anything.

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The scumbag is probably writing a book and he's looking for some free publicity before his star fades.

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They're going to fawn over him. His resume establishes him as a distinguished public servant - worked on the Hill, worked at CIA.

But regardless, he'll probably cancel last minute. Currently, he's just basking in the free positive publicity.

Oh, the Dems know the role this guy has played. They're not going to fawn over him.

The republicans will fawn over him. They'll spend their alloted time blowing sweet nothings up his arse.

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Why is it that the Bush administration blusters in public with sweeping, grandiose yet nebulous statements that seem to mean one thing, yet when pressed to defend their actions which are typically diametrically opposed to what they seemed to say they defend themselves with the most arcane, nuanced, hair-splitting justifications -- and get away with it???

The justifications used just boggle the mind. That this administration defends itself using the narrowest of legal technicalities is beyond belief. When will someone who will be listened to call BULLSHIT?
This is all common sense. It's really simple.


Where's Harry Truman when we need him?

I'll believe he'll show up only when I see him sitting there. And if he actually does show up, what can you expect? Another Alberto Gonzales type testimony where he says a lot but says nothing?

On another note he may be coming because he thinks he can make asses out of Conyers and the rest.

By the way, is he setting a precedent by appearing?

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That guy is a traitor, liberal or Terrist-lover. He has NO FLAG LAPEL PIN. *shakes head ruefully*

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He must be so arrogant as to think he can spin his way out of anything. He might leave a very sad boy.

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Um, to quote part of your quote...

In addition to serving as, in effect, outside counsel for the other agencies of the executive branch, the Office of Legal Counsel also functions as general counsel for the Department itself.

So, yes, they are an agency of the exectuive branch.

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Let me clarify my point.

OVP is not an agency of the Executive Branch.
OLC only provides opinions to the President and agencies of the Executive Branch.

Therefore, OLC does not service OVP. So who services OVP? Aside from being a fly on the wall, why was OVP even involved in OLC's deliberations about the torture memos? Why was OVP involved in the interagency proccess when they aren't a client of OLC's?

I do not dispute that OLC is an agency of the Executive Branch. They absolutely are - sinc they're part of DOJ.

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I think he'll show up, and do a more courtly version of Alberto's appearances—using a higher plane of lawyerly bullshit along with massive doses of executive privilege.

I'm a Democrat, and am confident that this exercise will prove fruitless. I'm also sure the Committee's Democrats know it as well.

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Addingotn seems just smug enough to believe that he can finesse his way through an appearance through his all-knowing eloquence. Maybe he will show up and pontificate on the cookies that were served at the meetings, like Lurlita Doan did.

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This evening, I was training my dogs with treats.

Part of the key is to keep them curious as to whether I'm going to give them a treat, and if so, then when.

Once they KNOW they WILL get a treat, then my leverage over them is gone.

I'm not sure what else I would do at this point, but David Addington is treating congress like I treat my dog. "I might give you something I know you want . . . . if you can do something for me. "

And Dick Cheney is loving it.

God, if these people don't rot in jail for what they are doing, then justice has been cheated.

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You're going to have to define what you mean by "agency". 32 CFR 2800 clearly establishes OVP staff are subject to the CFR on data retention and reporting to the Archivist.

OVP is not an agency of the Executive Branch.

Explain, if (as you suggest) OVP is "not" under the Exeuctive Branch nor an agency of the President or Executive Branch, why OVP staff are required to follow the CFR.

This isn't true, and defies the DOJ OLC input to the Vice President and President.

OLC only provides opinions to the President and agencies of the Executive Branch.

Wrong. DOJ OLC can provie their opinions to anyone. Whether others agree or do not agree is a separte issue. YOu've provided nothing that shows someone "other" than DOJ OLC discusses legal counsel issues with OVP.

This is an absurd conclusion:

Therefore, OLC does not service OVP.

Based on what are you saying this?

So who services OVP?

Answer: DOJ OLC provies inputs. OVP isn't independent of the US government.

Aside from being a fly on the wall, why was OVP even involved in OLC's deliberations about the torture memos?

You're asking as if something blocked OVP legal counsel:

Why was OVP involved in the interagency proccess when they aren't a client of OLC's?

Addington as legal counsel to the VP, worked hand in glove withthe DOJ OLC, DOD and White House counsel.

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