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White House Rebuffs Congress, Nears Legal Showdown
WASHINGTON - The White House moved toward a showdown in court with the Democratic-led Congress on Monday by refusing to provide demanded information and testimony in an investigation into the firing of prosecutors.
In a letter to congressional leaders, White House counsel Fred Fielding called their demands "unreasonable because it represents a substantial incursion into presidential prerogatives."
President George W. Bush has adopted a legal doctrine known as executive privilege that has been occasionally invoked with mixed success throughout U.S. history to shield presidents and their aides from having to answer questions or turn over information to Congress or grand juries.
Democrats in Congress want the information and testimony to determine if the firing of nine federal prosecutors last year was the result of partisan politics and White House efforts to reward supporters.
Democrats made it clear they intend to go to court to challenge Bush's claim and decide which branch of government was in the right.
"Contrary to what the White House may believe, it is the Congress and the courts that will decide whether an invocation of executive privilege is valid, not the White House unilaterally," House of Representatives Judiciary Committee Chairman John Conyers, a Michigan Democrat, declared in response to Fielding's letter.
In his letter, Fielding rejected requests for materials to support Bush's claim of executive privilege last month. He also wrote Bush, as expected, was asserting presidential privilege for the second time to block subpoenaed testimony by two former aides, Sara Taylor and Harriet Miers.
Taylor, who served as White House political director, has been summoned to testify before the Senate Judiciary Committee on Wednesday, while Miers, who served as White House counsel, had been ordered to testify before a House panel on Thursday.
There was no immediate indication when Democrats would go to court.
Bush and U.S. Attorney General Alberto Gonzales insist the dismissals of the federal prosecutors were justified but mishandled. Gonzales, with Bush's support, has withstood bipartisan calls to resign.
Lawmakers have questioned if partisan politics played a role in the firings, and have said it appears that in at least some cases a U.S. attorney may have been dismissed to influence a politically sensitive criminal investigation.
© Reuters 2007.

31 Comments so far
Show AllIf someone is going to challenge Bush and his administration it has to go all the way or else it is a political ploy and a waste of time.
Danielle
www.taureandevi.blogspot.com
Go, Conyers, Go!
taureandevi,
That's wrong. Even losing can make the injustice visible and making the injustice more visible is of key importance (see Gandhi's writings).
Plus, no one can predict with any certainty whether impeachment or taking the administration to court will succeed. If we feel it's futile, then what is the implication for the relevance of our system of government and our consent to be governed by it?
If it goes down to court, the Republicans will again just buy a few of these High Court Judges, like in the 2000 election.
Why is there no possibility to impeach a few of these ? Bush is just the public face, but many other criminals are working behind the scene and their positions are much more unassailable than the president's.
White House Rebuffs Congress, Nears Legal Showdown, Supreme Court Packed with Bush Cronies Sides with Bush. End of the Show.
Even if Bush refuses to provide the requested information, and or is finally impeached and he ignores it by stating he may do so by executive order. The press will have to cover any and all trials, they could not possibly ignore it. Then, all of the public will at last be aware of what in hell is happening to us, to our constitution and to our rights as American citizens. We'll have to wait and see just how far congress will carry the ball on this one. I don't have my hopes up yet.
PLEASE PITCH IN AND HELP OUT
by CALLING your congressional reps and tell them to IMPEACH THE WAR CRIMINALS IN THE WHITE HOUSE
Bush, Cheney, Rice & Gonzales!!!
this is as good a time as any for us to turn up the heat!
Yada, yada, yada. Though I respect Mr. Conyers as one of my state's congressmen, I have to say I am tired of hearing Congress say, "we'll start another hearing". For what? Where is this leading...anywhere other than to more talk/talking points? To me, it's just another road to nowhere.
It's business as usual in Washington. The only route that'll make any difference to me is the one road they don't dare travel, the route of impeachment.
John Conyers has long been one of the consistenly most progressive voices in Congress. He and Kucinich have put forth a bill for universal health care -- single payer. I wish he would run with Kucinich on a "Truth and Accountability Ticket"
"Even losing can make the injustice visible"
Losing the conviction in the Senate would read as exoneration and you know the MSM will spin it that way. That will make it impossible to indict these gangsters, they'll walk.
"Plus, no one can predict with any certainty whether impeachment or taking the administration to court will succeed."
Unless there is a radical break-up of Bush's support in the GOP ranks of the Senate (which is not impossible, stay tuned), where at least 18 GOP Senators sign on, it's 99% predictable that the result will be a partyline vote with Lie berman siding with the Rs.
It is imperative that Cheney does NOT ascend to the pResidency, that W and Sneer are taken out together, But that puts Nancy Pelosi in the WhiteHouse and aside from all the sniping from the left, that is the dealbreaker for the right, the only one they hate worse is Hillary.
If you aim at the Prince, you MUST kill the Prince
Hmmm, what do you look like Speedy?
Conyers should have called Pe-lousy's bluff
let her take him off the chairmanship and cry racism
Go Mr.Conyers. These lice are brave enough when they are making decisions that bring death to our children. Do not allow them any hiding places. No sanctuary! Let them stand behind their decisions and policies, not behind quasi-leagal trickery
Make them lag up to taw and accept the consequences of their avaricious lives.
Impeach. HR 333 Dennis Kucinich.
The House of Cards is going to fall..we need to make it happen as soon as possible. This entire planet is in danger with these criminals in control. Insist your Congress person support HR 333. Get Cheney out ASAP and then the rest of the ..real WMD's.
The President has openly instructed two private citizens (former White House employees) not to cooperate with pending Congressional investigations. That is clearly an impeachable offense (along with prior ones such as the President's issuing 30+ orders to subordinate federal officials authorizing them to ignore FISA and conduct electronic surveillance without FISA-required court authorization or approval, each such order being a felony under FISA). Yet both Senator Leahy and Congressman Conyers speak only of possible litigation in which a federal court might (if the case were not dismissed for lack of a justiciable issue) decide whether the President acted lawfully in obstructing Congressional investigations -- litigation which certainly would not be concluded before the President's term expires in early 2009. There is no certainty that Congress would prevail in impeachment proceedings, but at least there is a real possibility that such Congressional proceedings could be concluded long before 2009. The outcome of litigation is equally uncertain, but there is essentially no chance that litigation could be concluded by January 2009. The choice really is impeachment now, or meaningless litigation and more chatter. In other words, dear members of Congress, put up or shut up.
He shat on Congress again. And by proxy he shat on us! You think Congress has a big stash of toilet paper? Yeah, go Mr. Potato Head! But if Congress does anything it would knock me out! I will contact my congresspeople, senate and house. They are all repugnants. They will probably just flip me off. But they will know that at least one of their state's citizens supports HR333
Just noticed on Yahoo! News that Cindy Shehan says, "If Pelosi doesn't begin impeachment proceedings by July 23rd...I will run for her office." That should really piss off Chimpy and Snarly. Go Cindy!
The argument of executive privilege is total bunk. The average citizen knows this is just a stall tactic to postpone the disclosure of illegal or immoral activity.
Any pressure is good. At some point someone with some integrity (there is always someone) will testify. Or maybe it will be a rat who wants to get off the sinking ship and attach to a new political team.
The strength is passing from these guys in the drip drip of investigation or the flood when the dam finally breaks.
Conyers could use some open support from Pelosi -- and Reid.
If this plays to the newly fascist Supreme Court, we may find that we're moving to impeach some members!!!
And, in fact, after the decision to put Bush in the White House . . . why didn't we?
If the legal processes don't work, what's next?
Send the National Guard into the White House, confiscate his documents, arrest the President, Cheney, Gonzales and the core of his corrupt administrative staff, declare a State of Emergency, and appoint Pelosi as Interim President until 2008?
I hope so!! I hope it comes to this... This has gone on far too long to believe. Impeachment is not enough for both the national and international disasters caused by this damnable, unforgivable, incredibly corrupt Administration.... And, all the while, I hope that Conyers does his best to TRY to rein in the illigitimate powers that have been given to the Executive Branch - but far more force, PHYSICAL FORCE is needed.
Meantime, what are we doing about a few other things like global warming? Setting up carpools? growing some of our own organic veggies? Buying at local second-hand stores? Sharing housing? And being public about it?
Telling ourselves how hopeless it is just reinforces our feelings of hopelessness. We need to make saving the earth FASHIONABLE, to publicize the people who DO have some integrity, read the LOCAL papers, develop plans for community responses to disasters (earthquakes, tornadoes, hurricanes, floods, and summer fires--skip the terrorist bullshit)and vote in LOCAL elections for school board.
Conyers is already on the record as saying he supports impeachment. If Palosi will put it back on the table, he will champion the issue, using the subjects of this piece as reasons for it.
If any one of us in our own lives refused to show documents to officials who have the power to request them, we would be in jail before we finished saying no. Arrest them all, and damn the consequences.
If impeachment or criminal prosecution does not happen in earnest long before the end of the year, then insurrection will be in order. They will bring the wrath of a very angry demos. Heads will be in baskets. Bring it on, I say.
"Contrary to what the White House may believe, it is the Congress and the courts that will decide whether an invocation of executive privilege is valid, not the White House unilaterally,..."
Executive privilege is not absolute. Our founders would have created a dictatorship if they wanted one person to rule; and unchecked judgment of the Executive Branch would constitute a dictatorship.
Thank you, Congressman Conyers. A good number of citizens in this country will have their eyes and ears focused on this constitutional issue. We will also take note of the House and Senate members who still believe in the rule of law and back you on this issue.
Fortunately, during election time, "we the people" still have the opportunity to reject political candidates who are inclined to disregard their oath to uphold the laws of our constitution.
And there's always impeachment for this stiff-necked would-be dictator and his VP. It's my preferred option!
Let's recall that the Watergate hearings were considered a political stunt over a 3rd rate burglary. The prospects for conviction were described as a snowball's chance,
until
the process of the hearings created a forum with subpoena power and enough cover for people to come forward and testify.
Then,
once the gates were breached, Republicans were saying, "Nixon has to go." And indeed, he did.
Look at the current Republican defectors on the war. They are contemplating Nov 2008 and their survival. They don't want to go down with Bush's ship. Once the lights get turned on and folks see the roaches run, the electorate will recoil in horror and the MSM will follow the scent of blood. Republicans will go into full CYA mode and tell Bush he has to go - just like Nixon. If he doesn't leave, THEY will then have to explain letting him off the hook to an outraged electorate. So much for Rove's "permanent Republican majority" - at least for a while. Impeach.
When will Democrats develop some spine and use their power to get rid of this administration that is guilty of so many abuses of power? Sure, the 'process' may not ultimately succeed because of our current Supreme Court, but will certainly reveal the depth of their arrogance and the contempt they feel for our citizens.
IMPEACHMENT ! BRING IT ON!
John Conyers, the most dynamic speaker I've ever heard.
One light spot in the gloom: the day Erstwhile Galactic Overlord GW Bush's term ends, he can no longer claim "presidential privilege." We can nab his pathetic ass then, if not before, though we really should remove him and Cheney and Rove from office NOW.
On the last day of Bush's term, shut down all airports and roads leading out of the country, or risk an invasion of Paraguay or the Kerguelen Islands or the Ross Ice Shelf.
Bravo. But what good is all the angry rhetoric in face of the FACT that Conyers is too chicken to do more than talk, and even if Congress actually attempted anything.... all Bush has to do is have them sent to Guantanamo. Don't you folks read the "Executive Directives"? Don't you understand the PNAC agenda? I know, that's hard to keep up with - but a.h. Bush has been wearing out his fountain pen signing SECRET STUFF that we can ONLY IMAGINE - because NOT EVEN CONGRESSMAN DEFAZIO CAN 'SEE' WHAT'S IN THEM!! http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/118489654058910.xml&coll=7
Bush's Martial Law Plan Is So Shocking, Even Congress Can't See it
Published on Monday, July 23, 2007.
Congressman Peter DeFazio (D - OR) was asked by his constituents to see what was contained within the classified portion of the White House's plan for operating the government after a terrorist attack.
Since DeFazio also sits on the Homeland Security Committee and has clearance to view classified material, the request would have appeared to be routine, but the Congressman was unceremoniously denied all access to view the documents, and the White House wouldn't even give an excuse as to why he was barred.
"I just can't believe they're going to deny a member of Congress the right of reviewing how they plan to conduct the government of the United States after a significant terrorist attack," DeFazio told the Oregonian on Friday.
"We're talking about the continuity of the government of the United States of America," DeFazio says. "I would think that would be relevant to any member of Congress, let alone a member of the Homeland Security Committee."
"Maybe the people who think there's a conspiracy out there are right," DeFazio concluded.
The article also quotes Norm Ornstein, a legal scholar who studies government continuity at the conservative American Enterprise Institute, who told the paper he "cannot think of one good reason" to deny access to a member of Congress who serves on the Homeland Security Committee.
"I find it inexplicable and probably reflective of the usual, knee-jerk overextension of executive power that we see from this White House," Ornstein said.
The only plausible reason DeFazio was barred access to the documents is that the plans for a post-terror attack continuity of government scenario are so abhorrent that to reveal their true nature would cause a public outcry and lead to a major repeal of what is contained in the documents.
(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including all Annexes thereto, is hereby revoked.
(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.
(24) Security. This directive AND THE INFORMATION CONTAINED HEREIN SHALL BE PROTECTED FROM UNAUTHORIZED DISCLOSURE, provided that, EXCEPT for Annex A, THE ANNEXES ATTACHED TO THIS DIRECTIVE ARE CLASSIFIED and shall be accorded appropriate handling, consistent with applicable Executive Orders.""
http://www.whitehouse.gov/news/releases/2007/05/20070509-12.html
May 9, 2007
National Security and Homeland Security Presidential Directive
NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20
Subject: National Continuity Policy
============================
Yes, there's always been a contingency plan for the continuity of government. It has never been totally secret, or so totally devastating to our Constitution.
PLEASE DO NOT BELIEVE (as the KosmKat post mistakenly observes) THAT THINGS WILL GET BACK TO NORMAL AFTER BUSH'S TERM EXPIRES!! Our entire government has been permeated with the Cheney/Bush/PNAC thugs. INCLUDING our Congress and most of the Candidates for '08. Especially PELOSI and Hillary and Leiberman, et al. These PNAC supporters have ONE agenda: world domination. Link: www.dailykos.com/story/2006/5/2/124656/6045
'The PNAC Paper Trail' by Jeff Huber is a short primer.
Bush leaving office is nothing more than cutting a toenail off the Tiger.
Bush & Cheney MUST BE IMPEACHED. It is increasingly clear that Congress is AFRAID to TRY IT! Pelosi is a 100% AIPAC/PNAC believer, but Congress COULD bypass her, if they had any guts. But they are all TOO SELF-SERVING! They simply refuse to sacrifice their lucrative careers to save our nearly defunct Constitution. The patriot acts, the presidential directives, the suspension of habeas Corpus, and many more incidious acts have decimated the United States of America.
//