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President Bush Asserts Exec. Privilege in Plame Leak Investigation

We've seen a lot of assertions of executive privilege in the last few months-- from Karl Rove to Stephen Johnson -- but now Attorney General Michael Mukasey has claimed executive privilege on behalf of President Bush.

Mukasey's letter to House Oversight Committee Chairman Henry Waxman (D-CA) last night, pre-empted a vote this morning on contempt of Congress stemming from the White House's refusal to release FBI documents relating to the Valerie Plame leak scandal. The documents were subpoenaed by Committee on June 16.

From the Mukasey's letter to Bush:

I am greatly concerned about the chilling effect that compliance with the Committee's subpoena would have on future White House deliberations and White House cooperation with future Justice Department investigations.

Hmmm. Where have we heard that before?


19 Comments

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The speculative future chilling does not address the present, certain glacier: An unresponsive AG. Issue an arrest warrant for the AG.

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No. Congress can not arrest the AG for malfeasance. The power accorded to Congress for matters such as this is impeachment.

The point regarding the criminal conviction and therefore the occurance of a criminal act would seem to obviate any claim of executive privilege regarding the outing of Valerie Plame.

Impeach Mukasey.

Then impeach Cheney.
Then impeach Bush.

ITMFA

This argument:

"The speculative future chilling does not address the present, certain glacier: An unresponsive AG. Issue an arrest warrant for the AG.

. . .has been misconstrued. We're talking about arrest for violating a Congressional subpoena, through the "inherent contempt" option. This fails to explain where "malfeasance" entered the picture:

"No. Congress can not arrest the AG for malfeasance."

Is there a reason you haven't considered "inherent contempt", with the attached power to arrest the AG; but have confused the issue with "malfeasance"? Show us something that says the Congress may never directly arrest the AG, under any circumstances using the Chamber Sergeant at Arms; and is only allowed to use impeachment to enforce Congressional power.

Congress can directly arrest this AG, outside impeachment, if it wants to.

Executive priveledge does not apply to criminal actions. With the Plame situation, there is already a criminal conviction. Wouldn't this make this claim null and void?

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One or two more presidencies should pretty much put an end to this democracy of ours.

Remember dictatorships? the only thing they actually need from their offices is nonaccountability for their actions. their reign can be called anything it wants... democracy... socialist... whatever. It really doesn't matter. It's still a dictatorship

It's a little like torture, folks. Call enhanced interrogation... stress positions... whatever. It's still torture... just lacks all of the accountability.

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I am greatly concerned about the chilling effect that compliance with the Committee's subpoena would have on future White House deliberations and White House cooperation with future Justice Department investigations.

Translation: Exposing White House criminal conduct may severely affect the ability of future Republican administrations to engage in criminal conduct.

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Or more specifically, the ability to engage in criminal conduct and pretend they're cooperating with investigations of their subordinates while avoiding any legal consequences for themselves.

Right on! Why all this discussion about executive privilege anyway? I don't see the words anywhere in the Constitution, which is supposed to govern and limit the powers of the three branches of government. Nor, BTW, do I see the term Unitary Executive.

Somebody better get a frickin' hold on this tiger's tail before the whole concept of 'a nation of laws, not men' is irrecoverably lost.

Nixon should have gone to jail for high crimes and misdemeanors over Watergate.

Reagan and his Vice President should have been hanged for treason over Iran/Contra.

Lack of action has just encouraged each new generation of Republican to further lawbreaking.
"History shows that it's not enough to impeach criminals and murderers. You have to put them behind bars." -- Naomi Wolf

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Future White House cooperation? Future White House cooperation?!

It could only be better than what we have now!!
What's to worry Mikey? You gonna be around later? I think not. What a worm.

Time for a Congressional end run around these rampant b.s. claims of executive privilege. How about starting impeachment proceedings on AG Mukasey. Subpoena the interview as evidence that he solicited a false claim of executive privilege from the president as a means to prevent his compliance with a lawful congressional subpoena.

Won't happen, I know. Congressional Dems don't have the huevos to even think of it, much less attempt it.

Seems the capability to virtually disregaurd any and all forms of law can be attributed to allowing

Unitary Executive Power to take over!

Now what?


Another end run suggestion- Anything preventing Waxman from issuing a subpoena to Patrick Fitzgerald and asking what Cheney testified about? Besides the above cited huevos issue, I mean.

We all can thank Sens. Schumer and Feinstein for voting to confirm this Bushite on the Senate Judiciary Committee.

I totally agre with your post. Shumer and Feinstein are incredibly "RED" in their orientation and are responsible for bringing this worm to the AG post. I can still see and hear them justify their vote for this low life character who feels he is Bush's lawyer and not the country's top law enforcement officer!

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From Woodrow Wilson:

Quite as important as legislation is vigilant oversight of administration; and even more important than legislation is the instruction and guidance in political affairs which the people might receive from a body which kept all national concerns suffused in a broad daylight of discussion .... The informing functions of Congress should be preferred even to its legislative function. The argument is not only that a discussed and interrogated administration is the only pure and efficient administration, but, more than that, that the only really self-governing people is that people which discusses and interrogates its administration.

—Woodrow Wilson, Congressional Government 195, 198 (Meridian Books 1956)(1885).

I guess everyone in Bush's administration missed that day on Wilson at school.

Take a look at the Congressional Research Service's Presidential Claims of Executive Privilege:
History, Law, Practice and Recent Developments
Updated April 16, 2008
Morton Rosenberg
Specialist in American Public Law
American Law Division (external PDF link from Wikipedia's article on Executive Privilege http://en.wikipedia.org/wiki/Executive_Privilege

Lest we forget, what really prompted Nixon's ouster from the White House: He fired Attorney General Elliot Richardson and his Deputy William Ruckelshaus in an effort to fill the top DoJ position with someone who would in turn fire special prosecutor Archibald Cox. The Saturday Night Massacre, as it is called, eroded support for Nixon even among key Republicans.

Notice that with picks like Gonzales and Mukasey Bush has learned from Nixon's 'mistakes', and forestalled such a demise. Another lesson he has learned: don't keep tapes of Oval Office conversations. Only a fool gathers evidence against himself.

"Those who would not learn from history are doomed to repeat it." - George Santayana

No. Not this time, Cretin Bushy.
God. I despise this walking death-devil.

Pelosi and Reid will never agree to impeachment hearings as long as the Senate has so many Republicans who will never vote to convict. A failed attempt at impeachment would not help Obama, and Obama's AG will have free reign to investigate the Bush lackeys once he's in.

T-minus 183 days until the hubris ends and the American Constitution is respected by those in the White House.

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"T-minus 183 days until the hubris ends and the American Constitution is respected by those in the White House."

Those democrats who have been funding this corrupt war, corrupt administration, their corrupt contractors, etc. have no more regard for the constitution than the administration itself.

This includes the present senators who have been running while still funding the crooks...

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