Back in August, we pointed out that Justice Department spokesman Brian Roehrkasse, unlike virtually the entire senior leadership at the Department, survived the U.S. attorney scandal. In fact, he more than survived it: Despite serving as Alberto Gonzales' attack dog (and giving statements that ranged from misleading to lies), he emerged with a promotion to director of public affairs at the DoJ.

It's all too much for former U.S. Attorney for Little Rock Bud Cummins, who often found himself on the wrong end of Roehrkasse's spin, to bear. So in this issue of the Washington Monthly, he takes aim, calling on Attorney General Michael Mukasey to fire Roehrkasse.

After noting some of hiss biggest whoppers, he observes that the "pattern of deception employed by this young man is deeply unsettling to me....

Now, I don't have any way of knowing how Brian Roehrkasse came to make so many dubious or misleading statements. I've never met the man or communicated with him directly. For all I know, his superiors were writing them, and he was simply reading them. But once you realize you are being repeatedly marched out to say untrue things, integrity dictates that you push back or resign before you do it again. Fool me twice, shame on you. Fool me over a dozen times, I'm a willing liar."

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Earlier we noted that the Senate Judiciary Committee had voted to approve contempt resolutions against Karl Rove and White House chief of staff Josh Bolten for failing to comply with subpoenas from the U.S. Attorney firings probe.

The final vote tally was 12-7, with two Republicans, Sens. Arlen Specter (R-PA) Chuck Grassley (R-IA) crossing over.

Now, it's up to Senate Majority Leader Harry Reid (D-NV) as to when (or whether) he'll scheduled a vote on the Senate floor. When we asked a Reid aide last week about it, we were told the Reid would consult with Sen. Patrick Leahy (D-VT) about it when the time came.

Meanwhile, the House Judiciary Committee's contempt citations against Harriet Miers and Bolten have been sitting on Speaker Nancy Pelosi's (D-CA) desk since July. After much delay, Dem House leadership aides said last month that the vote had again been delayed to December. So now's the time. Perhaps the Senate and House will team up and schedule both votes before the New Year, sending the White House contempt citations against Rove, Miers, and Bolten as a Christmas gift. Or maybe nothing will happen. Stay tuned.

This just in:

The U.S. Senate Judiciary Committee voted Thursday to hold two top aides to President Bush in contempt of Congress for refusing to cooperate in its probe of fired federal prosecutors.

On a largely party-line vote of 11-7, the Democratic-led panel sent contempt citations against White House Chief of Staff Josh Bolten and former Deputy Chief of Staff Karl Rove to the full Senate for consideration.

As with many of Bush's battles with the Democratic-led Senate, the president may ultimately prevail since his fellow Republicans may be able to block the citations with a procedural hurdle.

Bush has claimed executive privilege to protect aides from complying with congressional subpoenas demanding documents or testimony in an investigation into the firing last year of nine U.S. attorneys. The committee has rejected his privilege claim as unfounded.

One year after eight U.S. attorneys were fired without explanation, The Los Angeles Times checks in to see how they're doing. It turns out, pretty well:

A year later, most have landed on their feet, in law partnerships or private-sector jobs where their compensation dwarfs government pay. Some carry scars from the experience. Six of the attorneys marked the anniversary of their firings at a private dinner in San Diego 10 days ago, where they toasted one another for persevering.

"The great irony of this is, it has hardly tarnished any of our reputations," said Paul Charlton, the former U.S. attorney in Phoenix, who hosted the reunion.

Charlton, now a partner in a Phoenix law firm, says that as a group, the attorneys have fared much better than the department officials who orchestrated their demise.

Earlier today, Sen. Sheldon Whitehouse (D-RI) took to the Senate floor to explain why he thinks it's important to actively counteract the administration's continual exertions of executive power. A telling illustration of that continual effort is what they do "when they think no one is looking," he said.

He then went on:

For years under the Bush Administration, the Office of Legal Counsel within the Department of Justice has issued highly classified secret legal opinions related to surveillance. This is an administration that hates answering to an American court, that wants to grade its own papers, and OLC is the inside place the administration goes to get legal support for its spying program.

As a member of the Senate Intelligence Committee, I was given access to those opinions, and spent hours poring over them. Sitting in that secure room, as a lawyer, as a former U.S. Attorney, legal counsel to Rhode Island’s Governor, and State Attorney General, I was increasingly dismayed and amazed as I read on.

To give you an example of what I read, I have gotten three legal propositions from these OLC opinions declassified. Here they are, as accurately as my note taking could reproduce them from the classified documents. Listen for yourself. I will read all three, and then discuss each one.

1. An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.

2. The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.

3. The Department of Justice is bound by the President’s legal determinations.

Those three principles, he said, boiled down to:

1. “I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them.”

2. “I get to determine what my own powers are.”

3. “The Department of Justice doesn’t tell me what the law is, I tell the Department of Justice what the law is.”

You can read the entirety of his remarks here.

Karl Rove is gone, but not forgotten.

Senate Judiciary Committee Chairman Patrick Leahy has scheduled a vote tomorrow on whether to issue contempt citations to Rove and White House chief of staff Josh Bolten for ignoring Congressional subpoenas from the U.S. attorneys investigation. Of course, Republicans might defer the vote for another week. But at the latest, the citations would be sent to the Senate floor next Thursday.

And then it's up to Senate Majority Leader Harry Reid (D-NV). His counterparts in the House leadership have delayed a vote for contempt citations against Harriet Miers and Bolten since July. We've got a question in to see whether Reid will be speedier. We'll let you know what we hear.

Update: A Reid aide responds that "after the Committee acts on this issue, Senator Reid will consult with Senator Leahy about how to move forward on it." Maybe things will be clearer next week.

And for those who didn't catch our interview with Sen. Sheldon Whitehouse (D-RI) about the contempt citations earlier this week, check it out.

Some senators are queasy over a potential contempt-of-Congress showdown with the Bush administration over the U.S. attorney firings. Not Sheldon Whitehouse (D-RI), who sat down with TPMmuckraker in his Senate offices this morning.

Whitehouse said that the Bush administration has "redrawn the line" for a reasonable exercise of executive privilege. And that's why he supports Senator Patrick Leahy's efforts to hold current and former White House officials in contempt for not complying with Congressional subpoenas from the firings investigation. Leahy ruled last week that the administration's assertions of privilege this summer in response to the subpoenas were invalid, a step towards issuing a contempt citation.

What's more, Whitehouse welcomes the Constitutional showdown that would result. "I'm astounded at the breadth and the scope of the privilege that they claim," the first-term senator said. "I actually hope that it comes to a point where we end up litigating it and getting a court decision and settling this question."

Asked if he was going further than other senators, who'd use a possible contempt finding as a mechanism to compel the document disclosure, Whitehouse said the Bush administration has gone so far in "grading its own papers" -- that is, deciding for itself what Congress is entitled to receive from the executive -- that it's time to return to Constitutional first principles. "I'd rather get it done," he said:

"There has not been a lot of case law on this subject. We've been going on for a long time off of Department of Justice [attorney general] opinions, and a certain amount of tradition, and how settlements and agreements in the past have shaken out. But the Bush administration has shown why it's actually important that there be a legal line drawn to hold them to, because they've redrawn all the executive lines. I think it'd be good for the process to get a court decision for once and for all on the subject so everybody knows where we stand. It'll eliminate a lot of the back and forth in the future."

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