WH will defy subpoena and not appear before Congress

[LadyGunSlinger]

Issa slams White House over aide's defiance of subpoena | Fox News


"Most transparent Administration of all time." What are they hiding? If there's nothing at all to hide, why not testify?

From the article:
White House's claim violates a 2008 federal court ruling that says presidential advisers are "not absolutely immune from congressional process."

"Flouting a federal judge's opinion about our system of checks and balances is yet another attack on our Nation's Constitution by this President," Issa said in a statement. "We already know that two members of President Obama's Cabinet violated the Hatch Act, which prohibits the use of taxpayer funds for political campaigning. Given these examples of known wrongdoing, assertions that this Administration's taxpayer-funded political efforts should be above Congressional oversight are absurd."


The lawless Executive Branch truly believe themselves above the US Constitution. Enough is enough..

 

[LadyGunSlinger]

Now watch the liberals swarm and circle the wagons - They no longer care that laws have been broken.. Unlike in Utah where Republicans joined to call on an Independent Prosecutor and investigation, liberals will break any and every law possible if it means holding on to power and harming their political opponents.

 

[C_Clayton_Jones]

WH will defy subpoena and not appear before Congress

Nonsense

One can't 'defy' a subpoena that's invalid and devoid of authority, as presidential advisors have immunity with regard to being compelled to testify before Congress:

“The committee’s effort to compel Mr. Simas’s testimony threatens longstanding interests of the executive branch in preserving the president’s independence and autonomy, as well as his ability to obtain candidate advice and counsel to aid him in the discharge of his constitutional duties,” Eggleston*wrote.

“In light of those principles, and for reasons set forth below,” Eggleston continued, tipping to advice provided to the White House by the Justice Department’s Office of Legal Counsel, “Mr. Simas is immune from congressional compulsion to testify on matters relating to his official duties” and will not appear at the hearing Issa’s committee had scheduled for Wednesday morning. The White House also took the rare step of releasing the OLC’s*opinion.

Eggleston added that Issa has “made no effort to justify your extraordinary demand that one of the president’s immediate advisers testify.” The committee’s “hasty decision” to subpoena Simas, the counsel continued, is “all the more unfounded because the committee has been unable to point to any indication OPSO has violated the Hatch Act or even operated contrary to our explanations.”

David Simas won?t appear before Issa?s panel - Jennifer Epstein and Lauren French - POLITICO.com

Concerning the Federal case that Issa cites, Committee on the Judiciary v. Miers, where Bush White House officials Harriet Miers and Joshua Bolten defied a Congressional subpoena seeking testimony concerning the political firings of Bush DOJ attorneys, that ruling addressed only the merits of that specific case, it was not a 'blanket invalidation' of immunity afforded to officials of the Executive Branch:

The Court once again emphasizes the narrow scope of today’s decision. The Court holds
only that Ms. Miers (and other senior presidential advisors) do not have absolute immunity from compelled congressional process in the context of this particular subpoena dispute. There may be some instances where absolute (or qualified) immunity is appropriate for such advisors[.]

http://www.ogc.house.gov/Link 2.pdf

Issa is therefore at liberty to 'reject' whatever he wants, the fact remains that he can't compel certain White House officials to testify. And if he disagrees with the White House's position on the issue, he's also at liberty in file suit in Federal court.

But until such time as a Federal court rules otherwise, as was the case concerning the Bush DOJ firings scandal, Administration officials aren't 'defying' anything.