F**k Yourself Isn’t Just For The Senate Floor

Remember Dick Cheney’s perfect personality mirror but minor verbal misstep when he told Patrick Leahy to “go f**k yourself” on the floor of the U.S. Senate? It seems the White House is going to make it an official policy.

All the other news outlets are pointing out that yesterday the House Judiciary Committee ruled that excecutive privilege cannot be used to protect documents in the district attorney firings. Many feel this would be a first step towards filing contempt charges against current Chief of Staff Joshua Bolten for refusing to give congress the information it requested. (That would be in addition to former White House Council Harriet “no-show” Miers for those not keeping score.)

The Washington Post has headlined with the story (from an unnamed source) that the Department of Justice will never be allowed to pursue contempt charges base on executive privilege. Ever.

Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege.

The position presents serious legal and political obstacles for congressional Democrats, who have begun laying the groundwork for contempt proceedings against current and former White House officials in order to pry loose information about the dismissals. Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, “whose duty it shall be to bring the matter before the grand jury for its action.”

But administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.

This is the political version of taunting “bring it on” to a professional wrestler.

I suspect this will leave people like William Kristol jump for joy and constitutional and political scholars sputter. I have no doubt that Gonzales won’t mind. It means even less for him to do or have to deny.

As news outlets have been pointing out since the Senate chose to being pursuing Miers, there are two different paths which congress can follow. Since 1934, congress has usually used the civil contempt option requiring the Senate to defer to the Justice department for prosecution of the case. Criminal contempt proceedings, popular in the 1800’s have fallen out of style but remain solely in the legislative realm. The Senate’s Sergeant at Arms has long had the legal power to arrest people, like journalists or presidents, but hasn’t needed chosen to use that power much lately.

There are the logistical difficulties. Even though the office of the Sergeant at Arms is the largest in both size and budget, the Senate has neither the personal nor space to confine anyone. I suspect that is the loophole the White House is betting on. Further, whether the Democrats can muster enough support to actually arrest either Meirs or Bolten is doubtful. Does anyone know what the rules are there?

No matter whether you are on the side of the President,

David B. Rifkin, who worked in the Justice Department and White House counsel’s office under presidents Ronald Reagan and George H.W. Bush, praised the position and said it is consistent with the idea of a “unitary executive.” In practical terms, he said, “U.S. attorneys are emanations of a president’s will.” And in constitutional terms, he said, “the president has decided, by virtue of invoking executive privilege, that is the correct policy for the entire executive branch.”

Or you side with more “traditional” legal scholars

But Stanley Brand, who was the Democratic House counsel during the Burford case, said the administration’s legal view “turns the constitutional enforcement process on its head. They are saying they will always place a claim of presidential privilege without any judicial determination above a congressional demand for evidence — without any basis in law.” Brand said the position is essentially telling Congress: “Because we control the enforcement process, we are going to thumb our nose at you.”

Rozell, the George Mason professor and authority on executive privilege, said the administration’s stance “is almost Nixonian in its scope and breadth of interpreting its power. Congress has no recourse at all, in the president’s view. . . . It’s allowing the executive to define the scope and limits of its own powers.”

his issue will now define the Bush presidency almost as much as the Iraq war. Setting up these kinds of sideshows also saps the political strength of the Democratic opposition. No matter how weak the attack, even the strongest elephant donkey can be overcome by billions of rat attacks.

This is will be an official “go fuck yourself” to the House and Senate. Will they put up with it?

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  1. WD Report 07/20/07 on

    […] Eclectics Anonymous: F**k Yourself Isn’t Just For The Senate Floor […]


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