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George W. Bush's presidential tenure has been marked by one cover-up after another. But the masterful spinning of Karl Rove and a compliant media enabled Bush to get away with it. Now that the Democrat-controlled Congress is investigating administration malfeasance, Bush's cover-ups have come cloaked in the guise of "executive privilege."
Bush has claimed executive privilege in resisting congressional subpoenas in the investigation of the U.S. Attorney firing scandal. U.S. Attorneys who weren't "loyal Bushies" were ousted in a mass purge. Bush instructed former White House political director Sara Taylor and former White House counsel Harriet Miers to refuse to testify about any "White House consideration, deliberations or communications" regarding the firings. He also instructed his chief of staff Joshua Bolten to withhold documents demanded by the House Judiciary Committee. Defying a congressional subpoena is a crime.
Taylor testified before the Senate Judiciary Committee, invoking the privilege selectively. Miers's and Bolten's situation is even more problematic. They refused to show-up at the House committee altogether. A witness must appear, be sworn, and then invoke the privilege. Miers and Bolten committed a crime when they failed to appear. They could be locked up for ignoring the subpoenas. Bush will claim the Executive is supreme and that his order to Miers and Bolten nullifies the subpoenas.
There are already signs that Bush will refuse to allow his Justice Department to enforce congressional contempt charges. Senate Judiciary Committee Chairman Patrick Leahy responded angrily, saying, "By acting above the law, this President and Vice President seek to override the independence of law enforcement and manipulate our valued system of checks and balances," adding, "an independent review is probably in order." It remains to be seen whether Congress will match its rhetoric with its votes.
As it did after the Haditha massacre, the U.S. military covered up the real cause of Pat Tillman's death. After claiming he died in a heroic gun battle with the enemy, the administration was later compelled to admit Tillman died from "friendly-fire." When the House Committee on Oversight and Government Reform subpoenaed "all documents received or generated by any official in the Executive Office of the President" relating to Tillman's death, Bush refused, claiming executive privilege. Again, a showdown is looming, this time over documents.
Chairman Henry Waxman and ranking Committee Republican Tom Davis wrote a letter to White House Counsel Fred Fielding, which said: "The Committee hearing [on Tillman's death]. . . raised questions about whether the administration has been providing accurate information to Congress and the American people about the ongoing war in Iraq and Afghanistan."
Congress has three options. First, if a majority of the judiciary committee and the full chamber agree, they can issue contempt citations and then certify them to the United States Attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action," according to a federal statute. But in spite of that statute, the White House will reportedly forbid the Justice Department from pursuing contempt charges.
Second, Congress could invoke its own "inherent contempt" power, direct the Sergeant-at-Arms to arrest the recalcitrant witness, and imprison her in the Capitol basement. This power was last used in 1934.
Finally, Congress can hire counsel to enforce the subpoenas in civil court.
In the past, when the White House and Congress have clashed over claims of executive privilege, the President generally capitulated before criminal proceedings began. But Bush has consistently defied Congress and the courts with his secret spying program and his signing statements. He will likely hold firm, banking on favorable rulings in the increasingly conservative Supreme Court.
Perhaps Congress should subpoena Dick Cheney to shed light on these matters. Since Cheney denies belonging to the executive branch, he'd be hard pressed to assert executive privilege.
Marjorie Cohn is a professor at
Donald Trump’s attacks on democracy, justice, and a free press are escalating — putting everything we stand for at risk. We believe a better world is possible, but we can’t get there without your support. Common Dreams stands apart. We answer only to you — our readers, activists, and changemakers — not to billionaires or corporations. Our independence allows us to cover the vital stories that others won’t, spotlighting movements for peace, equality, and human rights. Right now, our work faces unprecedented challenges. Misinformation is spreading, journalists are under attack, and financial pressures are mounting. As a reader-supported, nonprofit newsroom, your support is crucial to keep this journalism alive. Whatever you can give — $10, $25, or $100 — helps us stay strong and responsive when the world needs us most. Together, we’ll continue to build the independent, courageous journalism our movement relies on. Thank you for being part of this community. |
Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, dean of the People’s Academy of International Law and past president of the National Lawyers Guild. She sits on the national advisory boards of Assange Defense and Veterans For Peace. A member of the bureau of the International Association of Democratic Lawyers, she is the U.S. representative to the continental advisory council of the Association of American Jurists. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.
George W. Bush's presidential tenure has been marked by one cover-up after another. But the masterful spinning of Karl Rove and a compliant media enabled Bush to get away with it. Now that the Democrat-controlled Congress is investigating administration malfeasance, Bush's cover-ups have come cloaked in the guise of "executive privilege."
Bush has claimed executive privilege in resisting congressional subpoenas in the investigation of the U.S. Attorney firing scandal. U.S. Attorneys who weren't "loyal Bushies" were ousted in a mass purge. Bush instructed former White House political director Sara Taylor and former White House counsel Harriet Miers to refuse to testify about any "White House consideration, deliberations or communications" regarding the firings. He also instructed his chief of staff Joshua Bolten to withhold documents demanded by the House Judiciary Committee. Defying a congressional subpoena is a crime.
Taylor testified before the Senate Judiciary Committee, invoking the privilege selectively. Miers's and Bolten's situation is even more problematic. They refused to show-up at the House committee altogether. A witness must appear, be sworn, and then invoke the privilege. Miers and Bolten committed a crime when they failed to appear. They could be locked up for ignoring the subpoenas. Bush will claim the Executive is supreme and that his order to Miers and Bolten nullifies the subpoenas.
There are already signs that Bush will refuse to allow his Justice Department to enforce congressional contempt charges. Senate Judiciary Committee Chairman Patrick Leahy responded angrily, saying, "By acting above the law, this President and Vice President seek to override the independence of law enforcement and manipulate our valued system of checks and balances," adding, "an independent review is probably in order." It remains to be seen whether Congress will match its rhetoric with its votes.
As it did after the Haditha massacre, the U.S. military covered up the real cause of Pat Tillman's death. After claiming he died in a heroic gun battle with the enemy, the administration was later compelled to admit Tillman died from "friendly-fire." When the House Committee on Oversight and Government Reform subpoenaed "all documents received or generated by any official in the Executive Office of the President" relating to Tillman's death, Bush refused, claiming executive privilege. Again, a showdown is looming, this time over documents.
Chairman Henry Waxman and ranking Committee Republican Tom Davis wrote a letter to White House Counsel Fred Fielding, which said: "The Committee hearing [on Tillman's death]. . . raised questions about whether the administration has been providing accurate information to Congress and the American people about the ongoing war in Iraq and Afghanistan."
Congress has three options. First, if a majority of the judiciary committee and the full chamber agree, they can issue contempt citations and then certify them to the United States Attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action," according to a federal statute. But in spite of that statute, the White House will reportedly forbid the Justice Department from pursuing contempt charges.
Second, Congress could invoke its own "inherent contempt" power, direct the Sergeant-at-Arms to arrest the recalcitrant witness, and imprison her in the Capitol basement. This power was last used in 1934.
Finally, Congress can hire counsel to enforce the subpoenas in civil court.
In the past, when the White House and Congress have clashed over claims of executive privilege, the President generally capitulated before criminal proceedings began. But Bush has consistently defied Congress and the courts with his secret spying program and his signing statements. He will likely hold firm, banking on favorable rulings in the increasingly conservative Supreme Court.
Perhaps Congress should subpoena Dick Cheney to shed light on these matters. Since Cheney denies belonging to the executive branch, he'd be hard pressed to assert executive privilege.
Marjorie Cohn is a professor at
Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, dean of the People’s Academy of International Law and past president of the National Lawyers Guild. She sits on the national advisory boards of Assange Defense and Veterans For Peace. A member of the bureau of the International Association of Democratic Lawyers, she is the U.S. representative to the continental advisory council of the Association of American Jurists. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.
George W. Bush's presidential tenure has been marked by one cover-up after another. But the masterful spinning of Karl Rove and a compliant media enabled Bush to get away with it. Now that the Democrat-controlled Congress is investigating administration malfeasance, Bush's cover-ups have come cloaked in the guise of "executive privilege."
Bush has claimed executive privilege in resisting congressional subpoenas in the investigation of the U.S. Attorney firing scandal. U.S. Attorneys who weren't "loyal Bushies" were ousted in a mass purge. Bush instructed former White House political director Sara Taylor and former White House counsel Harriet Miers to refuse to testify about any "White House consideration, deliberations or communications" regarding the firings. He also instructed his chief of staff Joshua Bolten to withhold documents demanded by the House Judiciary Committee. Defying a congressional subpoena is a crime.
Taylor testified before the Senate Judiciary Committee, invoking the privilege selectively. Miers's and Bolten's situation is even more problematic. They refused to show-up at the House committee altogether. A witness must appear, be sworn, and then invoke the privilege. Miers and Bolten committed a crime when they failed to appear. They could be locked up for ignoring the subpoenas. Bush will claim the Executive is supreme and that his order to Miers and Bolten nullifies the subpoenas.
There are already signs that Bush will refuse to allow his Justice Department to enforce congressional contempt charges. Senate Judiciary Committee Chairman Patrick Leahy responded angrily, saying, "By acting above the law, this President and Vice President seek to override the independence of law enforcement and manipulate our valued system of checks and balances," adding, "an independent review is probably in order." It remains to be seen whether Congress will match its rhetoric with its votes.
As it did after the Haditha massacre, the U.S. military covered up the real cause of Pat Tillman's death. After claiming he died in a heroic gun battle with the enemy, the administration was later compelled to admit Tillman died from "friendly-fire." When the House Committee on Oversight and Government Reform subpoenaed "all documents received or generated by any official in the Executive Office of the President" relating to Tillman's death, Bush refused, claiming executive privilege. Again, a showdown is looming, this time over documents.
Chairman Henry Waxman and ranking Committee Republican Tom Davis wrote a letter to White House Counsel Fred Fielding, which said: "The Committee hearing [on Tillman's death]. . . raised questions about whether the administration has been providing accurate information to Congress and the American people about the ongoing war in Iraq and Afghanistan."
Congress has three options. First, if a majority of the judiciary committee and the full chamber agree, they can issue contempt citations and then certify them to the United States Attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action," according to a federal statute. But in spite of that statute, the White House will reportedly forbid the Justice Department from pursuing contempt charges.
Second, Congress could invoke its own "inherent contempt" power, direct the Sergeant-at-Arms to arrest the recalcitrant witness, and imprison her in the Capitol basement. This power was last used in 1934.
Finally, Congress can hire counsel to enforce the subpoenas in civil court.
In the past, when the White House and Congress have clashed over claims of executive privilege, the President generally capitulated before criminal proceedings began. But Bush has consistently defied Congress and the courts with his secret spying program and his signing statements. He will likely hold firm, banking on favorable rulings in the increasingly conservative Supreme Court.
Perhaps Congress should subpoena Dick Cheney to shed light on these matters. Since Cheney denies belonging to the executive branch, he'd be hard pressed to assert executive privilege.
Marjorie Cohn is a professor at
"President Trump's deal to take a $400 million luxury jet from a foreign government deserves full public scrutiny—not a stiff-arm from the Department of Justice," said the head of one watchdog group.
With preparations to refit a Qatari jet to be used as Air Force One "underway," a press freedom group sued the U.S. Department of Justice in federal court on Monday for failing to release the DOJ memorandum about the legality of President Donald Trump accepting the $400 million "flying palace."
The Freedom of the Press Foundation (FPF), represented by nonpartisan watchdog American Oversight, filed the lawsuit seeking the memo, which was reportedly approved by the Office of Legal Counsel and signed by U.S. Attorney General Pam Bondi, who previously lobbied on behalf of the Qatari government.
FPF had submitted a Freedom of Information Act (FOIA) request for the memo on May 15, and the DOJ told the group that fulfilling it would take over 600 days.
"How many flights could Trump have taken on his new plane in the same amount of time it would have taken the DOJ to release this one document?"
"It shouldn't take 620 days to release a single, time-sensitive document," said Lauren Harper, FPF's Daniel Ellsberg chair on government secrecy, in a Monday statement. "How many flights could Trump have taken on his new plane in the same amount of time it would have taken the DOJ to release this one document?"
The complaint—filed in the District of Columbia—notes that the airplane is set to be donated to Trump's private presidential library foundation after his second term. Harper said that "the government's inability to administer FOIA makes it too easy for agencies to keep secrets, and nonexistent disclosure rules around donations to presidential libraries provide easy cover for bad actors and potential corruption."
It's not just FPF sounding the alarm about the aircraft. The complaint points out that "a number of stakeholders, including ethics experts and several GOP lawmakers, have questioned the propriety and legality of the move, including whether acceptance of the plane would violate the U.S. Constitution's foreign emoluments clause... which prohibits a president from receiving gifts or benefits from foreign governments without the consent of Congress."
Some opponents of the "comically corrupt" so-called gift stressed that it came after the Trump Organization, the Saudi partner DarGlobal, and a company owned by the Qatari government reached a deal to build a luxury golf resort in Qatar.
Despite some initial GOP criticism of the president taking the aircraft, just hours after the Trump administration formally accepted the jet in May, U.S. Senate Republicans thwarted an attempt by Minority Leader Chuck Schumer (D-N.Y.) to pass by unanimous consent legislation intended to prevent a foreign plane from serving as Air Force One.
"Although President Trump characterized the deal as a smart business decision, remarking that it would be 'stupid' not to accept 'a free, very expensive airplane,' experts have noted that it will be costly to retrofit the jet for use as Air Force One, with estimatesranging from less than $400 million to more than $1 billion," the complaint states.
As The New York Times reported Sunday:
Officially, and conveniently, the price tag has been classified. But even by Washington standards, where "black budgets" are often used as an excuse to avoid revealing the cost of outdated spy satellites and lavish end-of-year parties, the techniques being used to hide the cost of Mr. Trump's pet project are inventive.
Which may explain why no one wants to discuss a mysterious, $934 million transfer of funds from one of the Pentagon's most over-budget, out-of-control projects—the modernization of America's aging, ground-based nuclear missiles...
Air Force officials privately concede that they are paying for renovations of the Qatari Air Force One with the transfer from another the massively-over-budget, behind-schedule program, called the Sentinel.
Preparations to refit the plane "are underway, and floor plans or schematics have been seen by senior U.S. officials," according to Monday reporting by CBS News. One unnamed budget official who spoke to the outlet also "believes the money to pay for upgrades will come from the Sentinel program."
Chioma Chukwu, executive director of American Oversight, said Monday that "President Trump's deal to take a $400 million luxury jet from a foreign government deserves full public scrutiny—not a stiff-arm from the Department of Justice."
"This is precisely the kind of corrupt arrangement that public records laws are designed to expose," Chukwu added. "The DOJ cannot sit on its hands and expect the American people to wait years for the truth while serious questions about corruption, self-dealing, and foreign influence go unanswered."
The complaint highlights that "Bondi's decision not to recuse herself from this matter, despite her links to the Qatari government, adds to a growing body of questionable ethical practices that have arisen during her short tenure as attorney general."
It also emphasizes that "the Qatari jet is just one in a list of current and prospective extravagant donations to President Trump's presidential library foundation that has raised significant questions about the use of private foundation donations to improperly influence government policy."
"Notably, ABC News and Paramount each agreed to resolve cases President Trump filed against the media entities by paying multimillion-dollar settlements to the Trump presidential library foundation, with Paramount's $16 million agreed payout coming at the same time it sought government approval for a planned merger with Skydance," the filing details. "On July 24, the Federal Communications Commission announced its approval of the $8 billion merger."
"The Trump regime just handed Christian nationalists a loaded weapon: your federal workplace," said one critic.
The Trump administration issued a memo Monday allowing federal employees to proselytize in the workplace, a move welcomed by many conservatives but denounced by proponents of the separation of church and state.
The U.S. Office of Personnel Management (OPM) memo "provides clear guidance to ensure federal employees may express their religious beliefs through prayer, personal items, group gatherings, and conversations without fear of discrimination or retaliation."
"Employees must be allowed to engage in private religious expression in work areas to the same extent that they may engage in nonreligious private expression," the memo states.
Federal workers "should be permitted to display and use items used for religious purposes or icons of a religiously significant nature, including but not limited to bibles, artwork, jewelry, posters displaying religious messages, and other indicia of religion (such as crosses, crucifixes, and mezuzahs) on their desks, on their person, and in their assigned workspaces," the document continues.
"Employees may engage in conversations regarding religious topics with fellow employees, including attempting to persuade others of the correctness of their own religious views, provided that such efforts are not harassing in nature," OPM said—without elaborating on what constitutes harassment.
"These shocking changes essentially permit workplace evangelizing."
"Employees may also encourage their coworkers to participate in religious expressions of faith, such as prayer, to the same extent that they would be permitted to encourage coworkers participate in other personal activities," the memo adds.
OPM Director Scott Kupor said in a statement that "federal employees should never have to choose between their faith and their career."
"This guidance ensures the federal workplace is not just compliant with the law but welcoming to Americans of all faiths," Kupor added. "Under President [Donald] Trump's leadership, we are restoring constitutional freedoms and making government a place where people of faith are respected, not sidelined."
The OPM memo was widely applauded by conservative social media users—although some were dismayed that the new rules also apply to Muslims.
Critics, however, blasted what the Freedom From Religion Foundation (FFRF) called "a gift to evangelicals and the myth of 'anti-Christian bias.'"
FFRF co-president Laurie Gaylor said that "these shocking changes essentially permit workplace evangelizing, but worse still, allow supervisors to evangelize underlings and federal workers to proselytize the public they serve."
"This is the implementation of Christian nationalism in our federal government," Gaylor added.
The Secular Coalition for America denounced the memo as "another effort to grant privileges to certain religions while ignoring nonreligious people's rights."
Monday's memo follows another issued by Kupor on July 16 that encouraged federal agencies to take a "generous approach" to evaluating government employees who request telework and other flexibilities due to their religious beliefs.
The OPM directives follow the U.S. Supreme Court's 2023 Groff v. DeJoy ruling, in which the court's right-wing majority declared that Article VII of the Civil Rights Act of 1964 "requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business."
The new memo also comes on the heels of three religion-based executive orders issued by Trump during his second term. One order established a White House Faith Office tasked with ensuring religious organizations have a voice in the federal government. Another seeks to "eradicate" what Trump claims is the "anti-Christian weaponization of government." Yet another created a Religious Liberty Commission meant to promote and protect religious freedom.
Awda Hathaleen was described as "a teacher and an activist who struggled courageously for his people."
A Palestinian peace activist has been fatally shot by a notorious Israeli settler who was once the subject of sanctions that were lifted this year by U.S. President Donald Trump.
In June, Awda Hathaleen—an English teacher, activist, and former soccer player from the occupied West Bank—was detained alongside his cousin Eid at the airport in San Francisco, where they were about to embark on an interfaith speaking tour organized by the California-based Kehilla Community Synagogue.
Ben Linder, co-chair of the Silicon Valley chapter of J Street and the organizer of Eid and Awda's first scheduled speaking engagement told Middle East Eye that he'd known the two cousins for 10 years, describing them as "true nonviolent peace activists" who "came here on an interfaith peace-promoting mission."
Without explanation from U.S. authorities, they were deported and returned to their village of Umm al-Khair in the South Hebron Hills.
On Monday afternoon, the activist group Jewish Voice for Peace (JVP) reported on social media that Awda Hathaleen had been killed after Israeli settlers attacked his village and that a relative of his was also severely injured:
Activists working with Awda report that Israeli settlers invaded Umm al-Kheir with a bulldozer to destroy what little remains of the Palestinian village. As Awda and his family tried to defend their homes and land, a settler opened fire—both aiming directly and shooting indiscriminately. Awda was shot in the chest and later died from his injuries after being taken by an Israeli ambulance. His death was the result of brutal settler violence.
Later, when Awda's relative Ahmad al-Hathaleen tried to block the bulldozer, the settler driving it ran him over. Ahmad is now being treated in a nearby hospital.
The Israeli newspaper Haaretz later confirmed these events, adding:
An eyewitness reported that the entry of Israeli settlers into Palestinian private lands, riding an excavator, caused a commotion, and the vehicle subsequently struck a resident named Ahmad Hathaleen. "People lost their minds, and the children threw stones," he said.
A friend and fellow activist, Mohammad Hureini, posted the video of the attack online. The settler who fired the gun has been identified by Haaretz as Yinon Levi, who has previously been hit—along with other settlers—with sanctions by former U.S. President Joe Biden's administration and other governments over his past harassment of Palestinians in the West Bank.
As the Biden State Department wrote at the time:
Levi consistently leads a group of settlers who attack Palestinians, set fire to their fields, destroy their property, and threaten them with further harm if they do not leave their homes.
The sanctions were later lifted by U.S. President Donald Trump. However, they'd already been rendered virtually ineffective after the intervention of far-right Israeli Finance Minister Bezalel Smotrich, who has expressed a desire to ethnically cleanse Gaza and the West Bank of Palestinians to make way for Jewish settlements.
Brooklyn-based journalist Jasper Nathaniel, who has covered other cases of settler violence for Zeteo described Levi as "a known terrorist who's been protected by the Israeli government for years," adding that, "One of the only good things Biden did for Palestine was sanction him."
Violence by Israeli settlers in the illegally-occupied West Bank has risen sharply since the October 7, 2023 attack by Hamas and the subsequent 21-month military campaign by Israel in Gaza.
Nearly 1,000 Palestinians have been killed by settlers during that time. More than 6,400 have been forcibly displaced following the demolition of their homes by Israel, according to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA).
The killing of Awda Hathaleen—who had a wife and three young children—has been met with outpourings of grief and anger from his fellow peace activists in the United States, Israel, and Palestine.
Issa Amro, the Hebron-based co-founder of the grassroots group Youth Against Settlements, described Awda as a "beloved hero."
"Awda stood with dignity and courage against oppression," Amro said. "His loss is a deep wound to our hearts and our struggle for justice."
Israeli journalist and filmmaker Yuval Abraham, who last year directed the Oscar-winning documentary No Other Land about the Israeli occupation of the West Bank, described Awda Hathaleen as "a remarkable activist," and thanked him for helping his team shoot the film in Masafer Yatta.
"To know Awda Hathaleen is to love him," said the post from JVP announcing his death. "Awda has always been a pillar amongst his family, his village and the wider international community of activists who had the pleasure to meet Awda."
Israeli-American peace activist Mattan Berner-Kadish wrote: "May his memory be a revolution. I will remember him smiling, laughing, dreaming of a better future for his children. We must make it so."