Comments (90)

JPV wrote on April 16, 2007 5:46 PM:

Security Code: fear

Crust wrote on April 16, 2007 5:47 PM:

Missing a deadline is one thing. Missing a deadline and not saying anything ("radio silence") is something else entirely. Especially when meeting that deadline is a legal obligation.

bobh wrote on April 16, 2007 5:48 PM:

Now the great stonewall of the Bush Administration is complete. Who will breach it first, like the hordes that assailed China's Wall so long ago. Will it be the House the Senate or another player?

BG portland, OR wrote on April 16, 2007 6:17 PM:

Does this mean the AG (the highest ranking law enforcement officer in the land) is now in contempt of Congress? If so - what now? Surely this alone is grounds for firing / impeachment? Help me out here, what is the next step - practically? Much as I would like to see a raid on DOJ to obtain the documents, I doubt strongly that will occur. With the delayed hearing too, that will complicate matters.

Miss Butter wrote on April 16, 2007 6:19 PM:

Private lawsuit/TRO under the Federal Records Act? I have not researched this idea, but someone should. It could be a way to get around having to have the DOJ enforce any subpoenas. Plus, it gets the fight in front of a (presumably) impartial judge.

It could be that the Federal Records Act falls under the Administrative Procedure Act -- I don't know . . .

Incidentally, and relatedly, a private lawsuit/TRO against the Executive Office of the President under the Presidential Records Act IS available to seek recovery of and /or accountability for the "lost" White House emails. I've provided details in email messages to Senators Leahy and Schumer.

Stuart Eugene Thiel wrote on April 16, 2007 6:31 PM:

Bush gets criticized, rightly, when he says "the Democrats" did this or that when what he means is "the Congress" or "the Senate" did this or that.

In this light, perhaps a better headline might be "Conyers to Consider Legal Options" or "House Judiciary Committee Mulls Options." Just sayin'.

PMS wrote on April 16, 2007 6:53 PM:

Code word is "soap". Time to come clean.

My fellow Americans, we are sailing into uncharted waters, and I fear we will be facing a test of our democracy that makes Watergate seem like a trifle.

EdNSted wrote on April 16, 2007 7:09 PM:

Are there really any "available legal options to secure compliance with the subpoena"?? Or can the DoJ essentially stonewall this until the issue becomes moot?

ExBrit wrote on April 16, 2007 7:11 PM:

I agree with PMS. Is this unprecedented? Total silence in response to a subpoena, not from Democrats, but from the duly elected representatives of the American people. The DOJ is above answering to the American people?

JEP wrote on April 16, 2007 7:15 PM:

BG at 6:17
here's your answer
this is from NYTimes Op-Ed Contributor NEAL KATYAL

"IN 1999, when the Independent Counsel Act (the law that gave Kenneth Starr and Lawrence Walsh their mandates) was expiring, I was given the job of writing the new Justice Department rules for the appointment of a special prosecutor since the department would once again be responsible for overseeing such investigations. There was one hypothetical to worry about once the Independent Counsel Act lapsed: a case in which the attorney general...(is)...suspected of possible misconduct. The rules were therefore written to vest the decision about whether to appoint a special prosecutor in the top Justice Department official not embroiled in the controversy. Today, the only way to get to the bottom of the United States attorney scandal — which involved the administration’s firing of nearly 10 percent of America’s top prosecutors — is to use these rules and appoint a special prosecutor.
The nightmare has now come true."
http://www.nytimes.com/2007/03/27/opinion/27katyal.html

codeword "shame". How appropriate...

JEP wrote on April 16, 2007 7:20 PM:

"Or can the DoJ essentially stonewall this until the issue becomes moot?"

Not as long as the blogs survive...

No such thing as "moot" in this blogosphere.

anon wrote on April 16, 2007 7:49 PM:

...The rules were therefore written to vest the decision about whether to appoint a special prosecutor in the top Justice Department official not embroiled in the controversy...

We'll you'd think that might cover it but I'm having trouble thinking of any high-level DOJ official not involved in this mess. Surely, all of Gonzales staff was involved and, at this point, most of the rest of the senior staff is tainted in some way.

Ouch.

Oh, wait, the code word is: screw.

offlogic wrote on April 16, 2007 7:52 PM:

codeword: impeachment

It's a waste of time to play footsie with these racketeers.
Present Gonzo with a 24 hour deadline, attach a bill of impeachment.
Follow up with one for Comrade Rove with a similar deadline on producing the "missing" emails.
Submit a disbarrment complaint against Fielding for "complicity in treason".
Enough with the Marquis of Queensbury stuff. This is a streetfight, best butch up and grab them by the hearts and minds before all the evidence is burned.

James wrote on April 16, 2007 7:56 PM:

"Are there really any "available legal options to secure compliance with the subpoena"?? Or can the DoJ essentially stonewall this until the issue becomes moot?"

Referring Articles of Impeachment to the Floor of the House is one very readily available remedy (that can be started by a single Congressperson) for stalemates such as this. This remedy was provided by the Founders (among other purposes) to avoid forcing the Legislature to rely on the Judiciary in these situations.

Salmo wrote on April 16, 2007 8:33 PM:

I have written to my Congressman to urge him to take this step, together with his fellow Representatives if possible, alone if he must. It is the only option that brings the matter to a head before the Bush presidency expires, Bush pardons everyone, and the whole gang retires to their mansions and think tanks awaiting their next opportunity to plunder and despoil our country.

Ken wrote on April 16, 2007 9:08 PM:

Impeach Gonzales.

Question for the legal scholars...is it true that if impeached, that person cannot receive a pardon for the same crime?

Nuncamas21 wrote on April 16, 2007 9:24 PM:

i'm concerned that the known eight usas are excluding that one down in the marianas/guam--black, i think his name was. he may be far more important and his firing more of a clear case of obstruction of justice than most of the others, excluding iglesias and lam. maybe it's the notorious nine fired usas, not just these eight.

that and the 80 or so who kept their jobs. all of whom have been compromised here. no usa's prosecution now is above reproach.

once that wall between doj and the political white house manipulators has been breached, it's all suspect. we've entered a land of dirt so bad it may take a revolution to clean it up.

heh, heh, security code summer.

Nuncamas21 wrote on April 16, 2007 9:24 PM:

i'm concerned that the known eight usas are excluding that one down in the marianas/guam--black, i think his name was. he may be far more important and his firing more of a clear case of obstruction of justice than most of the others, excluding iglesias and lam. maybe it's the notorious nine fired usas, not just these eight.

that and the 80 or so who kept their jobs. all of whom have been compromised here. no usa's prosecution now is above reproach.

once that wall between doj and the political white house manipulators has been breached, it's all suspect. we've entered a land of dirt so bad it may take a revolution to clean it up.

heh, heh, security code summer.

Barbara wrote on April 16, 2007 9:48 PM:

What about Josh's post today titled "More smoke on DC US Attorney Jeffrey Taylor"? I've actually been worrying about this for some time--ever since I read (I think I read) that the DC US Attorney is the one who decides whether or not to pursue impeachment. Is this a real concern? Can he refuse to bring charges? If so, then what?

Nuncamas21 wrote on April 16, 2007 9:55 PM:

yeah, the dc usa seems to be a dyed-in-the-wool kool-aid drinker. so what can be done to wire around his position. i think it's got to be a special counsel, because doj is too involved. pat fitz, maybe. this requires much finesse, and mucho cojones, and some --somewhere---some intelligent direction. pat leahy, conyers, somebody has to step up and take charge of this mess.

Anne wrote on April 16, 2007 9:59 PM:

Barbara - should the Committee hold Gonzales in contempt of Congress, it would be up to the US Attorney for the District of Columbia whether to pursue legal action. I've thought for some time that the appointment of Taylor as USA for DC was a move designed to make sure that any contempt charges from Congress against any administration official would be dead on arrival.

whizkid wrote on April 16, 2007 10:20 PM:

Gonzales flew and Taylor knew. Who cares if another confirmed liar testifies? Continue subpoena power, have our lawyers sort it out, and bring charges.

mayan wrote on April 16, 2007 10:33 PM:

It's a race for the hearts and minds of the population. La Busha Nostra is somewhat handicapped by the polls that keep swirling around the toilet bowl...but, OTOH he has the punditocracy on his side.

I'm hoping that the Dems have an overarching strategy and have thought through the chess moves long in advance of this current ploy. I'm sorry that Leahy wasn't able to go forward tomorrow but I'm hoping that Thursday will be Popcorn Central and the salvo cross the bow, signalling a racthetting up of Congressional pressure. Hopefully, they are sitting on all kinds of information and evidence that will start coming out.

Oh yeah...Security word..."wrong." As in "dead wrong" or "if it ain't right, it's wrong" - kinda like the last seven years of the Shrubtator.

Nuncamas21 wrote on April 16, 2007 10:43 PM:

mayan, do you really think that leahy and the others are prepared for this stuff. do they know how to fight back and counter-move, when the doj/dc usa block their investigations. i hope you're right, but i wonder if there are any senators, not just even the democrats, does anyone have the strategic moves to counter this mess. i hope the force is with the truth and light people here, i'm just worried that we're bringing old maid to a chess match. --that's the simplest metaphor i could think of, and not to disparage old maid players.

i don't think these evil folk are smarter, just that they are adept at shutting down avenues of disabling their evil aims. really, evil aims, i will say that.

code, shirt--as in losing their shirt.

Nuncamas21 wrote on April 16, 2007 10:50 PM:

leahy, though, is no neophyte in this game. i think he's key. if anyone, he's the one who can slice and dice through the procedural bullshit and the testimonial crapfest that will be abu's testimony. who else is there on this committee thursday. i've forgotten who are the other folks. which pony do we bet on. my money's on leahy. conyers ain't no fool either. as long as we, the publico, don't have fools up there, we have a fighting chance to get somewhere with this mess-hola.

whizkid wrote on April 16, 2007 10:52 PM:

This administration has NO Chess moves. Never did. They are idiots. But, yes, the Punditocracy. They will claim these a-holes aren't checkmated even when they are, clearly. Perhaps, indeed, in fact, they are the true enemy to our democratic form of government. We need to talk more and do more about the Broders and Brooks who care more about who buys their lunch than they do about We The People.
Should I hold my placard in front of the White House or the Washington Post?

Kimberly wrote on April 16, 2007 11:04 PM:

Since the FBI raided a sitting congressman's office, (remember William Jefferson of $90k in the freezer fame?) that should serve as a precedent for congress to raid the DOJ's offices for subpoenaed information.

In fact, after looking up archived news articles about William Jefferson, I'm becoming skeptical about the "conventional wisdom" underlying our understanding of his case.

Last I heard, he was kept off the ways & means committee because of the investigation, but I'm now wondering if it was all a GOP set-up for another 2006 pre-election scandal. Turned out that there was so much fall-out from the Abramof, Libby, Brownie, Rumsfeld, Cheney, and the myriad other scandals emanating from the WH, the Jefferson story was buried by the scandal of the day. Either way, it seems to have been forgotten now that the election is over.

Everything the DOJ has done over the last few years has become suspect, and has to be re-examined.

They've called this scrutiny down on their own heads, and I can't wait to see Congress go all CSI on the DOJ!

Nuncamas21 wrote on April 16, 2007 11:10 PM:

ah, yes, the broders and brookses. jeeze, louise, how can we shake these fleas from our hides. not that they are the only ones, but, ....

are there no jornalists, no observationalists, out there. conason, hell even cafferty when he's awake, jon stewart and colbert. i mean, is that all we've got. olbermann, yeah. i think we're going to have to import far more talent from overseas. that woman who so severely ruffled the prince's feathers, the one from ireland, can we just get her over here. and just give helen thomas a frickin' half hour show, or somthing. why do we have no outlets out here. al franken isn't cutting it, folks. we need a whole lot more.

code, hand, as in hand me a dadgum subpoena already, fool.

whizkid wrote on April 16, 2007 11:15 PM:

As Adam West says to Burt Ward in the first episode of Batman, "Robin, I've been doped!"
Let us hope America awakes from it's stupor.
And the Joker and Riddler spend a long time up the river.

Nuncamas21 wrote on April 16, 2007 11:17 PM:

and, indeed, the jefferson precedent--i'd trademark it if i could--really brings a whole other dimension to this knife-fight. if it's good and wholesome to invade and frisk a congressman's office, then why the hell not. even if it might be a--gasp---republican's office. it scared them but they hope everybody forgot, because after all, jefferson was a dadgum democrat. when it comes to their doorstep, they'll sing a different tune.

Johann wrote on April 16, 2007 11:19 PM:

I'm still waiting for any Democrat to start filibustering any and all legislation until the White House complies with these subpoenas.

Which, if any, Democrat will take the plunge?

This will be the only way the Democrats will make any headway against the Republicans stonewalling their subpoenas.

To paraphrase the Republicans, "What is the use of power if you don't use it."

whizkid wrote on April 16, 2007 11:29 PM:

Well, the Democrats. They don't simply have an agenda they are willing to subvert the Constitution for. Hell, you could give their nominee the greater number of votes in an election and they won't fight for the office.
The support for a position needs to be OVERWHELMING!.
Ya got a phone? Call. They hate it but they love it.
You don't get anything unless you ask for it.
And be specific.

Brad wrote on April 16, 2007 11:48 PM:

"The Justice Department had signaled that it would not comply"

Well, you know what they say.

without just-ice,
there is just-them

what the $#(* is happening to this country.
This barely had any mention in the news today, or even the last few days.
Why arent people outraged ???

The general public seems to be taking scandal after scandal with a grain of salt.

Makes me wonder if there is ANYTHING the repugs can do that will actually make us stand up and scream "i wont take it anymore" ?

--------

cia- prisoners still missing

webdems wrote on April 16, 2007 11:56 PM:

Citizens must provide political cover for their elected representatives by DEMANDING full and furious action. When we provide the cover by making our will obvious to all, they can act boldly.

And nothing commands as much attention as a paper letter by snail mail. It is worth 100 e-mails. Please consider taking just ten minutes to print out simple e-mails demanding action, and mail them. Code word "attack"!

Nuncamas21 wrote on April 16, 2007 11:58 PM:

well, yeah. that's what we've been doing. it's not like we've all been just stewing in our juices here, whizkid, dood. we're doin' whatever we can do.

although, i take your point. we didn't go to the mat over bush v. gore. seems to me that the democratic part tried to adhere to the constitutional parameters of the electoral college even though it is so obivously flawed. we play by the rules. we get occasionally screwed, big time, with the big finger on the scale. i.e., the supremos ruling. we got screwed. big time. bush v. gore was the biggest f.u. in our history. we still want to fight fair, but we're beset by these incredible monsters;

are you kidding me, the security word is male.

mayan wrote on April 17, 2007 12:28 AM:

Nuncamas21, You asked me a great question...in short, are the Congressionsals up for taking on these thugs. Perhaps it's the $64,000 question for the republic as we've known it.

I don't know the answer, of course. At the same time, I think that Leahy, Conyers and Waxman are extraordinarily tough, savvy and VERY hungry. They've been pissed on ignominiously for the past seven years. On top of that, any sentient human being has got to realize the dire threats that are being presented by the Shrubtator and his brownshirts.

So yes, I think they are tough enough and smart enough. Unfortunately, the thugs have wrested control of the precinct house. It's daunting that the broadcast/news media is owned by the corporate sycophants of Bush...and that the infestation has encroached so deeply into the machinery of the government.

At the same time, Rove is definately vulnerable on many different levels. And let's don't forget that the Master Villain managed to blow the 2006 election and that despite the best efforts of the Spew Machine, the Dems won resoundingly in the house, at least and made significant strides in the Senate. My own theory is that the Great Bloviating DrugAddict gave the Missouri Senate seat to the Dems...thus making the slim Dem majority possible.

There are a couple of other things at play. 2008 is beginning to loom larger and larger. If you were a rethug, would you hitch your star to the Chimp's wagon? Particularly as Iraq crumbles further and the regime's lackey's start taking the fifth more often than Joe Vilachi?

Second, don't forget...there are ALOT of burned, disgruntled careerists in the fed government that have not yet been purged. The Congressionals have been around along time and they know alot of the power players. It's not conceivable to me that there aren't careerists in every agency, department and military wing who aren't rushing to come forward to help the cause. And they know they will have VERY receptive ears with folks like Waxman.

In sum, there is a great and portentious drama that is starting to play out. I don't think that anything is certain. But looking at pictures of Leahy, Waxman and Conyers...and having seen Whitehouse, Hodes, Watson, etc. in action...I'm glad they are on our side.

ClayAllison wrote on April 17, 2007 12:50 AM:

Running out the clock may not be the best way for the AJ and other administration officials to go. It is possible that the public will be so p.o.'d at them that the next administration will be pushed to investigate and indict. In that event, the pardon will no longer be available and they will be doing hard time.

Paul Robeson wrote on April 17, 2007 8:29 AM:

Here in Wisc., we're eagerly awaiting any and all details on Biskupic, so you can imagine our consternation over this. Over the weekend, he went to great lengths to claim that he is apolitical, etc. It's only going to take one or two quotable emails to shatter that claim. (My prediction: they won't find any communication with Biskupic himself, but there will be some damning intra-USDOJ stuff applauding his pursuit of Gov. Doyle.)

Arkansan wrote on April 17, 2007 8:45 AM:

The way this reads, the only weapon left in their arsenal is impeachment.

By now it’s clear that some sort of deal was struck between the political parties not to play the impeachment card, no matter what. Perhaps those who negotiated that agreement would be wise to revisit its terms in search of a loophole. Was the agreement only to never, ever, no matter what, impeach a President or Vice President?

With any luck at all, there was no discussion of whether high crimes and misdemeanors committed by the Attorney General should also be ignored. If that’s true, pursuing Gonzales this way would not violate the spirit or letter of truce. Unless they want to be continue to be considered a pathetic joke by the administration, they have no alternative.

PA citizen wrote on April 17, 2007 10:07 AM:

whizkid,

The junior senator from Pennsylvania, Robert P. Casey, has been petitioned to call for the impeachment of President George W. Bush in the United States Senate.

Miss Butter wrote on April 17, 2007 12:20 PM:

I'm telling you all that there IS a judicial remedy: a private lawsuit against Gonzales under the Federal Records Act. An even faster remedy than a regular lawsuit is an application for a temporary restraining order (TRO), which a judge has to decide quickly. A private plaintiff doesn't have to choose between the two -- he or she can initiate both a TRO and a lawsuit. And if a private plaintiff wins such a TRO/lawsuit and Gonzales still refuses to comply by turning over records, he is in contempt of court and can go to jail.

Details below.

The Federal Records Act requires that an agency preserve the records of its actions and decisions:

"Records management by agency heads; general duties

The head of each Federal agency shall make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency's activities."

44 U.S.C. sec. 3107.

A lawsuit by a private citizen against Alberto Gonzales to enforce the Federal Records Act is authorized by law. See Armstrong v. Bush, 924 F.2d 282, 288, 295-96 (D.C. Cir. 1991).

Note that the legal authority supporting a private lawsuit against an agency head under the Federal Records Act is even stronger than the legal authority supporting a lawsuit against the President under the Presidential Records Act.

Arkansan wrote on April 17, 2007 12:22 PM:

Are you suggesting congress be the plaintiff in such a case? Or would some public interest group bring the action?

Miss Butter wrote on April 17, 2007 12:31 PM:

A public interest group and/or the Federal Records archivist (designated in the Federal Records Act) and/or public/academic librarians. The plaintiffs ideally would include people from known conservative groups.

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