In nasty and bumbling comments
made at the White House yesterday, President Bush declared that “people
just need to hear the truth” about the firing of eight United States
attorneys. That’s right. Unfortunately, the deal Mr. Bush offered
Congress to make White House officials available for “interviews” did
not come close to meeting that standard.
Mr. Bush’s proposal was a formula for hiding the truth, and for
protecting the president and his staff from a legitimate inquiry by
Congress. Mr. Bush’s idea of openness involved sending White House
officials to Congress to answer questions in private, without taking
any oath, making a transcript or allowing any follow-up appearances.
The people, in other words, would be kept in the dark.
The Democratic leaders were right to reject the offer, despite Mr.
Bush’s threat to turn this dispute into a full-blown constitutional
confrontation.
Congress has the right and the duty to fully investigate the
firings, which may have been illegal, and Justice Department officials’
statements to Congress, which may have been untrue. It needs to
question Karl Rove, Mr. Bush’s chief political adviser, Harriet Miers,
the former White House counsel, and other top officials.
It is hard to imagine what, besides evading responsibility, the
White House had in mind. Why would anyone refuse to take an oath on a
matter like this, unless he were not fully committed to telling the
truth? And why would Congress accept that idea, especially in an
investigation that has already been marked by repeated false and
misleading statements from administration officials?
The White House notes that making misrepresentations to Congress is
illegal, even if no oath is taken. But that seems to be where the lack
of a transcript comes in. It would be hard to prove what Mr. Rove and
others said if no official record existed.
The White House also put an unacceptable condition on the documents
it would make available, by excluding e-mail messages within the White
House. Mr. Bush’s overall strategy seems clear: to stop Congress from
learning what went on within the White House, which may well be where
the key decisions to fire the attorneys were made.
The White House argued that presidential advisers rarely testify
before Congress, but that is simply not true. Many of President
Clinton’s high-ranking advisers, including his White House counsels and
deputy chief of staff, testified about Whitewater, allegations of
campaign finance abuses and other matters.
The Bush administration is trying to hide behind the doctrine of
“executive privilege.” That term does not appear in the Constitution;
the best Mr. Bush could do yesterday was a stammering reference to the
separate branches of government. When presidents have tried to invoke
this privilege, the courts have been skeptical. President Richard Nixon
tried to withhold the Watergate tapes, but a unanimous Supreme Court
ruled against him.
It is no great surprise that top officials of this administration
believe they do not need to testify before Congress. This is an
administration that has shown over and over that it does not believe
that the laws apply to it, and that it does not respect its co-equal
branches of government. Congress should subpoena Mr. Rove and the
others, and question them under oath, in public. If Congress has more
questions, they should be recalled.
That would not be “partisanship,” as Mr. Bush wants Americans to
believe. It would be Congress doing its job by holding the president
and his team accountable — a rare thing in the last six years.