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wiggles

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House OKs Subpoenas for Top Bush Aides

Mar 21, 11:12 AM (ET)

By LAURIE KELLMAN

WASHINGTON (AP) - A House panel on Wednesday approved subpoenas for President Bush's political adviser, Karl Rove and other top White House aides, setting up a constitutional showdown over the firings of eight federal prosecutors.

By voice vote, the House Judiciary subcommittee on commercial and administrative law decided to compel the president's top aides to testify publicly and under oath about their roles in the firings.

The White House has refused to budge in the controversy, standing by embattled Attorney General Alberto Gonzales and insisting that the firings were appropriate. White House spokesman Tony Snow said that in offering aides to talk to the committees privately, Bush had sought to avoid the "media spectacle" that would result from public hearings with Rove and others at the witness table.

"The question they've got to ask themselves is, are you more interested in a political spectacle than getting the truth?" Snow said of the overture Tuesday by the White House via its top lawyer, Fred Fielding.

"There must be accountability," countered subcommittee Chairwoman Linda Sanchez, D-Calif.

The panel approved, but has not issued, subpoenas for Rove, former White House Counsel Harriet Miers, their deputies and Kyle Sampson, Gonzales' chief of staff, who resigned over the uproar last week. The full Judiciary Committee would authorize the subpoenas if Chairman John Conyers of Michigan chose to do so.

The committee rejected Bush's offer a day earlier to have his aides talk privately to the House and Senate Judiciary Committees, but not under oath and not on the record.

Authorizing the subopenas "does provide this body the leverage needed to negotiate from a position of strenghth," said Rep. William Delahunt, D-Mass.

Republicans called the authorization premature, though some GOP members said they would consider voting to approve the subpoenas if Conyers promises to issue them only if he has evidence of wrongdoing.

Conyers agreed. "This (authority) will not be used in a way that will make you regret your vote."

Several Republicans said, "No" during the voice vote, but no roll call was taken.

For his part, Bush remained resolute.

Would he fight Democrats in court to protect his aides against congressional subpoenas?

"Absolutely," Bush declared Tuesday.

Democrats promptly rejected the threat. The Senate Judiciary Committee planned to approve subpoenas for the same officials on Thursday.

"Testimony should be on the record and under oath. That's the formula for true ccountability," said Judiciary Committee Chairman Patrick Leahy of Vermont.

Bush said he worried that allowing testimony under oath would set a precedent on the separation of powers that would harm the presidency as an institution.

If neither side blinks, the dispute could end in court - ultimately the Supreme Court - in a politically messy development that would prolong what Bush called the "public spectacle" of the Justice Department's firings, and public trashings, of the eight U.S. attorneys.

Sen. Arlen Specter, R-Pa., the Senate panel's former chairman, appealed for pragmatism.

"It is more important to get the information promptly than to have months or years of litigation," Specter said.

Bush, in a late-afternoon statement at the White House, decried any attempts by Democrats to engage in "a partisan fishing expedition aimed at honorable public servants."

"It will be regrettable if they choose to head down the partisan road of issuing subpoenas and demanding show trials when I have agreed to make key White House officials and documents available," the president said.

Bush defended Gonzales against demands from congressional Democrats and a handful of Republicans that Gonzales resign over his handling of the U.S. attorneys' firings over the past year.

"He's got support with me," Bush said. "I support the attorney general."

Democrats say the prosecutors' dismissals were politically motivated. Gonzales initially had asserted the firings were performance-related, not based on political considerations.

But e-mails released earlier this month between the Justice Department and the White House contradicted that assertion and led to a public apology from Gonzales over the handling of the matter.

The e-mails showed that Rove, as early as Jan. 6, 2005, questioned whether the U.S. attorneys should all be replaced at the start of Bush's second term, and to some degree worked with former White House Counsel Harriet Miers and former Gonzales chief of staff Kyle Sampson to get some prosecutors dismissed.

In his remarks Tuesday, Bush emphasized that he appoints federal prosecutors and it is natural to consider replacing them. While saying he disapproved of how the decisions were explained to Congress, he insisted "there is no indication that anybody did anything improper."

Nonetheless, the Senate on Tuesday voted 94-2 to strip Gonzales of his authority to fill U.S. attorney vacancies without Senate confirmation. Democrats contend the Justice Department and White House purged the eight federal prosecutors, some of whom were leading political corruption investigations, after a change in the USA Patriot Act gave Gonzales the new authority.

"What happened in this case sends a signal really through intimidation by purge: 'Don't quarrel with us any longer,'" said Sen. Sheldon Whitehouse, D-R.I., a former U.S. attorney.

The White House had signaled last week that it would not oppose the legislation if it also passed the House and reached Bush's desk.

In an op-ed in Wednesday's editions of The New York Times, one of the eight, David Iglesias of New Mexico, responded to the president: "I appreciate his gratitude for my service - this marks the first time I have been thanked. But only a written retraction by the Justice Department setting the record straight regarding my performance would settle the issue for me."
 
How does the Senate stand on it? I haven't heard if they approve, and they have to approve it to even have an argument.

My readings say the Senate will too go with the subpoenas. The question then will be constitutional between the branches.
 
My readings say the Senate will too go with the subpoenas. The question then will be constitutional between the branches.

The Senate is just slightly more moderate than the House, which probably accounts for the poll numbers regarding Congress:

http://news.yahoo.com/s/ap/20070321/ap_on_go_co/us_iraq

Democrats set Iraq deadline in war bill

By ANNE FLAHERTY, Associated Press Writer 26 minutes ago

Senate Democrats on Wednesday revived legislation urging President Bush to bring combat troops home from Iraq in a year, attaching the plan to a $122 billion measure needed to fund the war.

The move puts Democrats on track for another confrontation with Bush over the increasingly unpopular war and with Republicans, who are expected to try to block the measure.

House Democratic leaders are pushing a similar measure that would require that troops leave by the fall of 2008. Party officials predicted the House would pass it on Thursday, albeit by a razor-thin margin.

"United States troops should not be policing a civil war, and the current conflict in Iraq requires principally a political solution," says a draft Senate bill circulated to lawmakers in anticipation of a committee vote Thursday.

The measure would provide nearly $97 billion for the wars in Iraq and Afghanistan and billions more in domestic aid and emergency relief programs. It would require that Bush begin bringing home some troops within four months of the bill's passage, setting a nonbinding goal of having all U.S. combat troops out of Iraq by March 31, 2008.

The provision is similar to a resolution the Senate rejected last week. The vote then was 50-48, 12 shy of the 60 needed to pass, after Bush pledged to veto the legislation.

Democrats think the spending legislation has a much better chance. Sen. Ben Nelson (news, bio, voting record), D-Neb., who voted against last week's proposal, has agreed to support the spending bill because it outlines benchmarks for the Iraqi government.

Democrats also think Republicans will be reluctant to reject a much needed spending bill that would fund popular projects in their states in favor of the war.

Senate Majority Leader Harry Reid (news, bio, voting record), D-Nev., "continues to believe that despite the high-fives the Republicans had last week, there's serious heartburn in the caucus over the war," said his spokesman, Jim Manley.

So far, Republican leaders say they will reject the bill....
 
I suspect the Dems' strategy will backfire on them in the '08 elections.
 
Who's going to enforce the summons?

Normally when congress issues the summons, they rely on the executive branch in the form of the Department of Justice to actually enforce them.

So if Bush says to kiss his ass, how can they be enforced? It isn't like he's looking for reelection........
 
Who's going to enforce the summons?

Normally when congress issues the summons, they rely on the executive branch in the form of the Department of Justice to actually enforce them.

So if Bush says to kiss his ass, how can they be enforced? It isn't like he's looking for reelection........

He could do that, but it'd be political suicide. Think of the media coverage. It might even be grounds for impeachment.
 
He could do that, but it'd be political suicide. Think of the media coverage. It might even be grounds for impeachment.

So what? He's not running again. It's not like (according to polls) he'd got political capital to extend to potential GOP campaigners. Impeachment? Sure, go for it. He still would not be removed from office.
 
So what? He's not running again. It's not like (according to polls) he'd got political capital to extend to potential GOP campaigners. Impeachment? Sure, go for it. He still would not be removed from office.

So he should purposely get himself embroil the remaining 21 months of his Presidency in scandal, jeopardizing his place in history... for the fun of it?
 
So he should purposely get himself embroil the remaining 21 months of his Presidency in scandal, jeopardizing his place in history... for the fun of it?

This will go to the SCOTUS, I doubt it will be over in 21 months.
 
CBS Legal Analyst Admits He'd Love to See Rove Grilled in Senate Hearings...
Posted by Ken Shepherd on March 21, 2007 - 10:51.
...but being the gracious guy he is, Andrew Cohen helpfully offers a way for the White House to escape Washington's favorite three-ring circus: televised congressional hearings.

Silly me, I thought network legal analysts weren't paid for political strategy but for cogent analysis of, well, legal developments.

Cohen writes at the "Couric & Co." blog:

First, Congress should relent and allow these sessions to take place in private. Sure, I would love to see Rove grilled in public— who wouldn’t? I mean, watching Sen. Patrick Leahy (D-Vt.), the Senate Judiciary Committee Chairman, question Rove could be a pay-per-view event in many parts of the country. A long, savory public hearing would be good for my career, I suspect, and sure would beat talking more about the paternity hearing for Anna Nicole Smith’s baby. But I am willing to get behind private sessions if it gives the President a measure of comfort about releasing his subordinates to talk candidly about who did what to whom and why when it came to firing those eight federal prosecutors. So, Point One of my Plan is: Private Hearings.

There are four other points to Cohen's plan. Suffice it to say they do entail a drawn-out investigation by Congress, just one that's not a public spectacle.

For all his hard work finding a "compromise" for Democrats and the Bush White House, nowhere in his blog entry does Cohen question if there are ulterior motives behind liberal Democrats who have been pushing for Rove testimony or for Gonzales to step down. In fact, Cohen himself throws in his lot with Democrats and some Republicans who have called for the attorney general's head to roll:

And, finally, the Attorney General and his chief deputy, Paul McNulty, have to resign. Now. Today. If Alberto Gonzales is as loyal to President Bush as he has shown himself to be over many years, he needs to fall upon his sword one more time and just leave....

[...]

There you go. Easy as pie. A compromise that works, saves time and energy and a potential constitutional showdown, and gives us all some concrete results. No need to thank me, Mr. President and Sen. Leahy, just get to work on making it happen.

In a four-part "special report" at the Washington Post's "Bench Conference" blog, Cohen laid out his case against Alberto Gonzales, even suggesting he may well be the worst Attorney General in U.S. history.

http://newsbusters.org/node/11554
 
"The question they've got to ask themselves is, are you more interested in a political spectacle than getting the truth?" Snow said of the overture Tuesday by the White House via its top lawyer, Fred Fielding.

They tried the "come on in and tell us" route... and, Administration aides lied their asses off as subsequent emails have proven. If your Administration will lie when not under oath, maybe they'll stop when you put them under oath.
 
So what? He's not running again. It's not like (according to polls) he'd got political capital to extend to potential GOP campaigners. Impeachment? Sure, go for it. He still would not be removed from office.

So he should purposely get himself embroil the remaining 21 months of his Presidency in scandal, jeopardizing his place in history... for the fun of it?

As I asked before; who is going to actually enforce the summons?
This President has already demonstrated that he can and will exercise his lawful authority in ways not deemed traditional. AS to the remaining 21 months of his Presidency in scandal..... What do you call the last six years give or take few months?
 
So he should purposely get himself embroil the remaining 21 months of his Presidency in scandal, jeopardizing his place in history... for the fun of it?

He should do exactly what he said he was going to do ...stand his ground against partisan fishing expeditions; which, this clearly is.
 

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