2007 Constitutional Showdown!
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The US attorneys purge scandal has been heating up for a while and now things are finally starting to get exciting. Today, the House Judiciary subcommittee on commercial and administrative law voted to subpoena Karl Rove, Harriet Miers and Attorney General Gonzales’ chief of staff, Kyle Sampson for their role in the firing of eight federal prosecutors. They will be asked to testify under oath about their actions.
The “under oath” part is what the White House is worried about. The administration is attempting to paint the scandal as a “partisan” attack, but their constant changing of reasons for the firings does little to help their argument. Yesterday, Bush offered a compromise: His aides would come to meet with Congress, behind closed doors and not under oath. That’s a really super compromise when you are being accused of criminal activity. He only pissed off Democratic and some Republican members of Congress. Next the Senate will vote for subpoenas.
The White House has strongly indicated they will claim executive privilege and not allow aides to testify.
Bush said Tuesday he worried that allowing testimony under oath would set a precedent on the separation of powers that would harm the presidency as an institution.
Uh huh. Well, I’m not going to argue that, instead, I’ll let White House Spokesman Tony Snow argue it for me. From the Chicago Tribune ten years ago, when Snow was upset that Clinton might not let his aides testify:
"Evidently, Mr. Clinton wants to shield virtually any communications that take place within the White House compound on the theory that all such talk contributes in some way, shape or form to the continuing success and harmony of an administration. Taken to its logical extreme, that position would make it impossible for citizens to hold a chief executive accountable for anything. He would have a constitutional right to cover up.”
"One gets the impression that Team Clinton values its survival more than most people want justice and thus will delay without qualm. But as the clock ticks, the public's faith in Mr. Clinton will ebb away for a simple reason: Most of us want no part of a president who is cynical enough to use the majesty of his office to evade the one thing he is sworn to uphold the rule of law.''
You’re a good boy, Tony, thanks. The subpoena question will most likely go all the way to the Supreme Court, where the majority of justices are Republicans. But the Court has already been injured by their actions in the recount decision of 2000. The justices are supposed to be above partisan politics and the recount decision was along party lines. The Supreme Court lost credibility in the eyes of many Americans. Will it self-inflict more damage to save an unpopular president?
Before any ruling the subpoena fight will be in the media and Bush will lose. The incredibly unpopular administration is already known for lying and if it chooses to fight a battle over whether or not aides should swear under oath, which is just telling the truth, it will lose. Editorials are already popping up.
“If Karl Rove plans to tell the truth, he has nothing to fear from being under oath like any other witness."
“I don’t want to have to tell the truth” is not a good defense, but it is what the White House is going with. We can feel good about one thing during all this madness, Bush feels really bad for the folks who were unjustly fired under his watch.
“I’m sorry this, frankly, has bubbled to the surface the way it has, for the U.S. attorneys involved. I really am. These are — I put them in there in the first place; they’re decent people. They serve at our pleasure. And yet, now they’re being held up into the scrutiny of all this, and it’s just — what I said in my comments, I meant about them. I appreciated their service, and I’m sorry that the situation has gotten to where it’s got. But that’s Washington, D.C. for you. You know, there’s a lot of politics in this town.”
Oversight’s a bitch, huh? Welcome to America, Mr. President.
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