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Mukasey Says He'll Look at Issue of Contempt
Does Michael Mukasey think that a U.S. attorney cannot enforce a citation of contempt from Congress against a White House official who's hiding behind executive privilege?
It's a key question for Harriet Miers, Karl Rove and current White House chief of staff Josh Bolten, who have all refused to testify to Congress or turn over documents relating to the U.S. attorney firings. Votes of contempt are probably on the horizon for at least those three. Such citations would be referred to the U.S. attorney for Washington, D.C., who would then either kick start a criminal case or refuse to enforce them.
Here's what Mukasey had to say:
Unlike the Justice Department under Alberto Gonzales, Mukasey told Sen. Patrick Leahy (D-VT) that it's not a foregone conclusion. But he didn't seem to give Democrats much cause for optimism. The key issue, he said, is whether the U.S. attorney can find that the reliance on executive privilege was "unreasonable." He added: "I hope and pray for a lot of things, and one of them is that I won't have to make that decision."

Comments (5)
brantl wrote on October 17, 2007 12:29 PM:This is bullshit. If the condemnor is willing to bring the case then the case should be heard and then the grand jury decides whether it has merit. This isn't like regular courtroom stuff, it is both more important and in mechanics similar to civil suits. You don't get to say he can't sue before he's even brought the case, that's crap.
brantl wrote on October 17, 2007 12:29 PM:This is bullshit. If the condemnor is willing to bring the case then the case should be heard and then the grand jury decides whether it has merit. This isn't like regular courtroom stuff, it is both more important and in mechanics similar to civil suits. You don't get to say he can't sue before he's even brought the case, that's crap.
NMvoiceofreason wrote on October 17, 2007 2:27 PM:"whose duty it shall be to bring the matter before the grand jury for its action." 2 U.S.C. 194
Anybody know if Mukasey can read?
There is no discretion there. It is their DUTY UNDER THE LAW. "Shall" leaves no room for all this BS.
Ask Mukasey if he can read, then ask him again whether the AUSA has to do it or not.
SPENCER wrote on October 17, 2007 3:27 PM:my question is: is there any way to circumvent the US attorney for DC and bring these contempt charges to court? Could a third party do it? hmmm... that's 2 questions...
parrot wrote on October 18, 2007 2:40 AM:How about he look into...enforcing the law?! Man, this is such a joke kabuki. The Constitution is explicit. The Bill or Rights is explicit. And, frankly, just because King George and his thugs want it their way doesn't mean the Congress will do anything? Who needs to be cynical when we've got...the Democratic Party.