A Contemptible White House

The Nation: If The Administration Will Not Abide By Subpoenas, Congress Should Hold It In Contempt

(The Nation)  This column was written by John Nichols.

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No one was all that surprised when the Bush administration announced Thursday that it would not cooperate with congressional demands for documents and testimony by prominent former officials that would likely confirm this White House's reckless disregard for the rule of law.

What was surprising, and encouraging, was the decisiveness with which key players in Congress responded.

After the White House asserted executive privilege in rejecting subpoenas issued by the House and Senate Judiciary committees as part of the ongoing probe of abuses within the Department of Justice, House Judiciary Chairman John Conyers wasted no time expressing his sense that a Contempt of Congress citation is in order.

"The President's response to our subpoena shows an appalling disregard for the right of the people to know what is going on in their government," explained Conyers, a Michigan Democrat who is the only Judiciary Committee member to have participated in the fight between Congress and the Nixon White House for Watergate-related documents. "At this point, I see only one choice in moving forward, and that is to enforce the rule of law set forth in these subpoenas."

The best way to enforce the rule of law is by issuing a Contempt of Congress citation. The rules of Congress permit standing committees, such as the House and Senate Judiciary panels, to compel witnesses to produce documents and testimony required to complete inquiries. Committee chairs are permitted to issue subpoenas seeking documents and testimony. And when the targets of those subpoenas refuse to cooperate, a Contempt of Congress citation — outlining a criminal offense against the legislative branch of the federal government — can be drawn up.

The issuance of a Contempt of Congress citation would provoke the sort of Constitutional showdown that it now appears will be required if this administration is to be held to account for its abuses of power. In such a showdown between the legislative and executive branches, the third branch of the federal government, the judiciary, would be asked to decide whether the White House has a right to assert executive privilege, as White House counsel Fred Fielding did in a letter telling the committee chairs that their demands would not be met.

The "fear of being commanded to Capitol Hill to testify or having their documents produced to Congress" would prevent presidential advisers from communicating "openly and honestly" with the president," wrote Fielding.

Senate Judiciary Committee chair Patrick Leahy suggests there is another sort of fear in play: the fear of having improper and potentially illegal schemes exposed.

Fielding's assertion of executive privilege came in response to subpoenas for documents and testimony relating to the firing of nine federal prosecutors in 2006. Leahy and members of his committee have explored the question of whether those U.S. Attorneys were dismissed for improper political reasons as part of a broad move by the White House to politicize federal investigations and prosecutions.

"This White House cannot have it both ways," says Leahy. "They cannot stonewall Congressional investigations by refusing to provide documents and witnesses, while claiming nothing improper occurred."

The Vermont Democrat described assertion of executive privilege in an investigation of official misconduct as a "further shift by the Bush administration into Nixonian stonewalling."

"Increasingly," says Leahy, "the president and vice president feel they are above the law — in America no one is above law."

The senator is right, at least in theory.

But, in practice, this administration has operated above, or more precisely outside the law for more than six years. Without proper congressional and judicial oversight, the White House has expanded the reach and authority of the executive branch far beyond the limits imagined by the founders. And it will continue to do so until Congress reasserts itself as a coequal branch of government.

That process begins with the issuance of Contempt of Congress citations.

For the sake of the Republic, those citations cannot be dispatched quickly enough.

[oleander8]

I'm begging congress to get on with this contempt citation - enough is enough. Don't let them stonewall right up until they leave office.

[clestes-2009]

You go Dems!!!! Keep after that bunch of lawbreakers. They deserve all the bad press and questions you have.

If the case goes to the supreme court, they will probably defend the worse president in history, but at least you will have tried and it won't do the Supreme Court any good.

The American people are going to be so *** sick of Bush and his administration that we will never again be so stupid as to elect another like him.

[naturaltwo]

It is time to vote everyone of these cowards out of office. They have not upheld the constitution as they swore to do.

Republicans and democrats alike are guilty.

This eight years will be remembered as the worst. The upper class declared war on the middle and lower classes, the constitution was thrown out to defend the upper class, and the American voters kept putting the same corrupt incompetent cowardly people in office.

Let us deport the 50% of America that chose not to vote. They are the ones that should be deported.

I spit on Pat Robertson, the Moral majority, the evangelistas of evangenazism, and the entire executive and legislative branches of this country.

[briannorwood]

Gee...

I wonder which way Roberts, Alito, Scalia and Scalia's hand puppet (Thomas) will decide on a contempt of congress citation?

[hwk_i67]

Isn't it a shame that they spend so much time sabre rattling and finger pointing instead of actually doing some governing?

Remember not so long ago when our government would at least appear to try to make our nation better instead of just the covert minority?

Revolution calling!

[r9119111]

"That process begins with the issuance of Contempt of Congress citations."

The sooner the better!

[arakaczky]

It's odd, isn't it? Tony Snow calls the whole flap a lot of political drama. The President calls it a fishing expedition. If that's all it is, how come so many Justice Department officials are bailing out? There must be a lot of lonely families in D. C.

[tejasdemo]

Impeach the *** !!!!

[aaabee-2009]

This is the part of the article the Republicans skip over (biased, don't cha know) so they can hurry up and type "Democratic sabre-rattling" to the thrill of their equally uninformed friends.

"But, in practice, this administration has operated above, or more precisely outside the law for more than six years. Without proper congressional and judicial oversight, the White House has expanded the reach and authority of the executive branch far beyond the limits imagined by the founders. And it will continue to do so until Congress reasserts itself as a coequal branch of government."

Sad that a nation of good Republicans refuse to see that a few bad Republicans are destroying their party for them. I pity them.

[jntlw-2009]

That process begins with the issuance of Contempt of Congress citations.

For the sake of the Republic, those citations cannot be dispatched quickly enough.


I agree! Issue the Contempt of Congress citations now. If the Supreme Court is split 5/4, then we know, we the people, have to get up and make the changes necessary, no matter what it takes, to save our country from the evil right wing neo-con facists. But by all means issue the citations now.

[twylacrat]

The bullies have taken over the playground. Just how long are we going to take it? Have we had enough yet? Jr. and Cheney have both pretty much told the American people to shut up. They don't give a *** what we think. I, for one, believe them. Don't you?

[bluestardad]

GOOD ARTICLE!

[roger_inkart]

A congressional show down? Bring it on.

The Bush administration is worried. They should be. Last November really tipped the scales against them, as many key chair positions switched from (R) to (D)

They probably believed they could get away with whatever they wanted to because the GOP rubberstampers wouldn't investigate them for anything, no matter how egregious the violation.

Now they have Waxman, Leahy, Conyers and others on their A$$es. Along with pretty much the rest of the nation.

Issue the "Contempt of Congress citations" with all speed! The nation is with you bringing these crooks and morons to heel before they have a chance to do more damage to the nation and the world.

[mudrose-2009]

Oh, I'm so impwessed. Wow wee, looka here at Leahy. The voice of Congress has spoken. They want to be co-equal to the Executive Branch and the Executive Branch doesn't wanna play. Awwww. Hahahahaha. What a royal bunch of jerks. Bring it on Baby, Hahahahaha.

[pepperp1]

Exactly, and Congress needs to keep moving on this, Bush is thumbing his nose at we the American People not Congress. A better man than Bush would have resigned when he discovered how out of his league he was, instead 3,573 of our soldiers are dead, 5 more today, and he still sits on his Throne thumbing his nose again and failing to serve his country and still cashing those tax payer checks.

[harp1963]

http://www.cbsnews.com/stories/2004/01/09/60minutes/main592330.shtml

"Men desire authority for its own sake that they may bear a rule, command and control other men, and live uncommanded and uncontrolled themselves" (St. Thomas More, A Dialogue of Comfort).

[mudrose-2009]

It's odd, isn't it? Tony Snow calls the whole flap a lot of political drama. The President calls it a fishing expedition. If that's all it is, how come so many Justice Department officials are bailing out? There must be a lot of lonely families in D. C.

Posted by arakaczky

Because they don't want to be hung out to dry and have their careers ruined by the likes of this bunch of banditos on the Hill. That's why. Ever think that they might not want to have to go through being dragged up the Hill for show time? Now they can all sit on their rumps and wait for the Supremes to issue a verdict. Wanna bet you ain't gonna see a thing happen for a long, long, time. Hahahaha.

[ubrew12]

"They want to be co-equal to the Executive Branch and the Executive Branch doesn't wanna play. Awwww. Hahahahaha. What a royal bunch of jerks. Bring it on Baby, Hahahahaha." Posted by mudrose at 02:53 PM : Jun 29, 2007

Yeah, um, how DARE they think they're CO-EQUAL to our Executive Dictator. Where do they think they live, America?

[pepperp1]

Rep. Jim McDermott (D-Wash.) told Vice President *** Cheney to %u201Cresign or face impeachment%u201D , yes Rep McDermott is correct it is time.

[mudrose-2009]

Yeah, um, how DARE they think they're CO-EQUAL to our Executive Dictator. Where do they think they live, America?

Posted by ubrew12

It was a joke stupid. The don't co-equality, they want total authority. It's called projection. Know what that word means? Hahahahaha. What a bunch of clowns.

[gkc99]

"Bring it on Baby, Hahahahaha." mudrose.

When your Fuhrer said that, some folks took him up on the offer.

Be careful what you wish for, goosestepper!

[deborahcox05]

There is one solution - V O T E!!

Get these sorry a((es out of Washington.

Mr. Chaney is the one really running this country and he couldn't care less what any one else thinks except himself. He has a very personal agenda and has from the beginning.

The man scares the he]] out of me!

[taylpatr]

Hey, you christians that put this tyrant in power, this is for you. Not only has the two party system run it's course, so have you! I am a Christian, even though I don't belong to a phoney church anymore. I finally discerned the difference between the heart of a lamb and the brain of a sheep. And after much study of the life and works of Jesus, I don't think that if he were here now, that he would own a gun or vote republican. Ahh, ignorance is bliss....

[terrapin78]

I am thrilled with the Contempt of Congress charge prospect. These jerk offs in the White House need to go to jail.

[tejasdemo]

Yea, the Supreme court will bail Bush and Cheney out but sure is gonna be fun watchin them sweat. Of course, the real sweat must pour off of Bush and Cheney at night knowing they are personally responsible for over 3500 american deaths and countless innocent Iraqi citizens' deaths.

What a pathetic, sick bunch the Republicans (voters and politicians ) have become. Sleep tight.

[johnshaft4]

Perhaps, in was mistake for Cheney to tell Sen. Leahy to "go f**k yourself". Indeed, he who laughs last...

[taddles-2009]

"Because they don't want to be hung out to dry and have their careers ruined by the likes of this bunch of banditos on the Hill. That's why. Ever think that they might not want to have to go through being dragged up the Hill for show time?
Posted by mudrose at 03:00 PM : Jun 29, 2007"


So yo're saying that they are quiting their jobs because they might get called to testify before congress?!? Since most of the senior members of the Legislation get called upon to testify before congress several times a year on any number of topics I can't see any possibly reason why they would be afraid of doing so again. Unless of course they are afraid of answering questions that will ruin their careers, namely questions like "have you commited a crime?". Mudrose, you're an idiot.

[taddles-2009]

"Of course, the real sweat must pour off of Bush and Cheney at night knowing they are personally responsible for over 3500 american deaths and countless innocent Iraqi citizens' deaths.
Posted by tejasdemo at 03:29 PM : Jun 29, 2007"

You are making the false assumption that Bush or Cheney or any member of our legislative branch actually cares that American soldiers are dying every day or that thousands of Iraqi civilians have died in this war. You assume that they care about human lives and American lives...they don't, all they care about is their legacy and their money.

That's what kills me about the Republican voters, they think that their Government actually cares about the things they care about. You have elected an elitist, arrogant, self -grandizing *** who could give two rips wether you and your family live or die as long as their money keeps roling in.

Impeach the $hit stained ba$tards now!

[dogsoul]

HA! Way to go Bush! Tell those whiney liberals to go f*ck themselves! Gee whiz, we went to awwwlll dis hawd twouble to get deese subpoenas and dat mean man towld us to go shove dem up ouw @sses....

Bush told you liberals to shut up, not the American people... just because you are oh so unfortunately American yourselves (technically speaking anyway) doesn't mean squat.

I swear, you liberals won't be happy until all your jihad supporting activities finally result in another successful terror strike on our soil... and then, of course after you're done repressing your inward jubilation - you'll blame Bush for THAT as well...

[pepperp1]

Cheney has been described by an old friend as a %u201Cmega-maniacal paranoid%u201D whose secret empire within the government had captured the Bush presidency and helped bring the Republican Party to the brink of ruin. I agree and the contempt citation should be the first step, then the second should be an indictment for crimes against our country and our war dead the first day after the new President is sworn in and the corruption at the DOJ dismantled. Let him pay for his own defense and CONGRESS cut the budget for the WH Counsels office you are giving him our tax payer dollars so he can fight and hide their crimes behind false privilege against the will of the Country.

[xzavierbrown]

The DNC is working feverishly trying to protect the rights of enemies to plot/kill or destroy american lives and property. I am sure every car carrying terrorist would appreciate that effort. You would think that after all those years, the DNC would refocus thier attention but I guess not.
Let me see how far they get with this and let us see how deep of a sh it hole these liberals can dig up to bury themselves.

[heartlight3]

The thing that says the most to me about all this is that Fielding says that if they thought they would have to testify about it they wouldn't be able to "communicate openly and honestly to the President". Why not? Isn't that rather revealing? If they can't say what they really think for fear we might find out about it, what the hell are they thinking? Whose government is this? What does democracy mean?

[redhoffer]

Too bad we can't turn Bush and Cheney over to the World Court to let be be charged internationally as war criminals. If those two truly cared about the US and our soldiers, of course they would give themselves up for indictment. They could assume the blame they deserve, and maybe some of our former allies will forgive us for electing these monsters and forgive us for the harm we have to done to the world and the US' place in it. We could re-create a real international coalition against those who want to destroy peace and make some progress.
But, the repubs and christians won't do that as it seems hate is their goal now. That's not what Jesus would want, but most christians have abandoned those messages for hate and lies.
Right wing media machine gets so many to not vote and not want to learn about the issues.
Our people and especially our soldiers suffer.
WWW4 will be the US verses Everybody (Europe, Middle East, China, etc.). Go pray.

[mudrose-2009]

The DNC is working feverishly trying to protect the rights of enemies to plot/kill or destroy american lives and property. I am sure every car carrying terrorist would appreciate that effort. You would think that after all those years, the DNC would refocus thier attention but I guess not.
Let me see how far they get with this and let us see how deep of a sh it hole these liberals can dig up to bury themselves.
Posted by xzavierbrown

Hopefully so deep they'll wind up in China. Then they can penalize China for polution. Might as well do something positive while they're over there. Right? All this so they can say that the War is a ruse and terrorism is just a bumpersticker. What a bunch of clowns.

[terrapin78]

IMPEACH NOW!


Avoid the post-Bu$h Administration legal rush!!!!

[cburn665]

I, as an American, demand to know these truths from how the decision was made to go to Iraq, to whether or not the firings of those D.A.'s had something to do with a coverup. And, lastly, the events surrounding Mr. Gonzalez and the "secret" wire-tapping.

I'm not sure if the Democrats are only grandstanding but, someone there in Washington needs to determine if a crime was committed by this goverment. I really don't care if it is done by a Republican or Democrat---I don't trust neither, one of you guys needs to take a stand for your constituency.

If there is nothing to hide declassify or, testify to a closed door independent committee---just get the truth out in the open. I mention an independent committee because some things should be kept out of the media but, this should NOT preclude accountability.

[trumpetstuff]

A dictatorship is not the solution to our concerns about homeland security. By all means, cite Bush & Cheney, Inc. It's time to boot 'em out!

[mudrose-2009]

If there is nothing to hide declassify or, testify to a closed door independent committee---just get the truth out in the open. I mention an independent committee because some things should be kept out of the media but, this should NOT preclude accountability.
Posted by cburn665

The dumnos don't want a closed door committee. They want subpoenas, contempt citations, not dialogue and discussion. They want nothing more than total, absolute power to discredit this executive branch, not just for now but forever. This is theatre at its best. Why you can almost call it Opera which is ultimate theatre. Accountability my azz. They want show time.

[clemenhagen1]

"The DNC is working feverishly trying to protect the rights of enemies to plot/kill or destroy american lives and property."

Post by Madame Xzavier Brown:

Dear Ms. Brown,

If these evil enemies did indeed plot to destroy American lives and property, I propose a simple plan. It's a plan predicated on the most ancient and sacred principle known to Western Civilization - habeas corpus. Bring these "evil-doers" forward, present the overwhelming evidence against them (do it in a military tribunal setting if you wish), convict them, and then hang them from the nearest gallows. I will be there celebrating both the protection of our country and the preservation of the values upon which our nation supposedly rests. It's real simple Madame: indict them, try and convict them, and then punish them. The fact the Bush administration refuses to follow these simple steps not only tarnishes our reputation in the world community, but suggests something else must be afoot other than the protection of our country as you suggest.

[mudrose-2009]

Hey, is anybody checking out what's going on in London? Does anyone have a clue why it hasn't happened here? See, not only is the military the enemy of the Dumnos, but the Executive Branch is also their enemy. They show contempt all the way up and down the line. Look at the faces of these fools, they are just pure evil. And they will laugh all the way to hell watching you defend them while the take away every last vestigate of your freedom. Help them along now. Place nice, little kiddies.

[dogsoul]

"It's real simple Madame: indict them, try and convict them, and then punish them."

You have to identify and FIND them first you moron... What do you think all this surveillance is FOR? Or are you suggesting they're not really out there? That despite 9/11, Madrid, Bali, London and the not so veiled promises from many Islamic radicals to continue doing precisely what it IS Bush is trying to stop - it's all some trumped up Bush Administration ploy to gain more power for power's sake, steal oil or whatever else it is that you liberals claim...

Stinking liberal traitors - you disgust me

[mudrose-2009]

Democrats want to cut President Bush's budget for Guantanamo Bay prison in half, beating the Bush administration to the punch in shutting down the facility for terror detainees.

What did I tell you. IT'S SHOWTIME.

[festes81]

Is that all you republicans can do? Watch fox news and bash liberals? Do you even know what that means anymore? You use it as if it were a bad name. If you haven't realized that this isn't your republican party, then you need to get a backhoe and start digging your head out of the ground. Catchy names like "dumnos" is such a childish way to express yourself. This isn't high school anymore. We aren't trying to impress people with our hating skills. For all of you who say that liberals are helping terrorists, you have no place in any discussion because you are just following another popular thing to say (among all of your slow thinking friends). Think for yourselves. Come up with something original rather than just following what your "conservative" (tax and spend is better than borrow and spend, @$$holes) lemming friends keep repeating. Marketing is great to sell products to morons. You tell a lie enough, and it slowly begins to become truth. Don't fall for the Bush regime's marketing.

[mudrose-2009]

Catchy names like "dumnos" is such a childish way to express yourself. This isn't high school anymore. We aren't trying to impress people with our hating skills. For all of you who say that liberals are helping terrorists, you have no place in any discussion because you are just following another popular thing to say (among all of your slow thinking friends). Think for yourselves. Come up with something original rather than just following what your "conservative" (tax and spend is better than borrow and spend, @$$holes) lemming friends keep repeating. Marketing is great to sell products to morons. You tell a lie enough, and it slowly begins to become truth. Don't fall for the Bush regime's marketing.
Posted by festes81

Oh, come off it will ya. The Dumnos are just that, Dumnos. They like their constitutency dumb, too. This way they can all lead you little lefties by the nose and sell you stuff like socialized medicine, partial birth abortions, happy marriages, illegal undocumented americans, open borders, etc. They are so unhappy with the Supremes right now because they will have to start legislating and they just don't know how to do that since they always left that aspect of their congressional responsibilty up to the Court. Now they don't have a Court that will do their bidding. So next it's the Executive Branch they want to overpower. Dumnos - always wanting to give you more government and less choice and you all buy it. Hahahahahaha.

[tejasdemo]

Republicans (Nazis) are crooks and liars.

Mudrose,

You remind me of Plankton on Spongebob. Big mouth but about an inch tall. Lol.

[clemenhagen1]

"You have to identify and FIND them first you moron... What do you think all this surveillance is FOR."

Hey DogBreath:

How many Islamic radical terrorists does Bush and crew have down there in Guantanamo? And how many have been convicted? How many did you say? Silence?

If these radical plotters of evil have been in our hands for over three years why haven't their cases been adjudicated? Real simple. "Show the body" (habeas corpus), convict them for their evil plots (a military tribunal would suffice), and give them a rightful conclusion at the end of a rope! The fact the Bush crew will not actually follow up the detentions with a trial would seem to suggest what to you? Perhaps they've got nothing in terms of facts or evidence against these guys?
With respect to gathering evidence, it's again really simple. We have a FISA law in place that allows an administration to conduct virually any surveillance they wish, provided that they get a routine search warrant for the wiretap. The FISA courts always granted these warrants. If this be so, why does the Bush administration feel compelled to conduct their taps and searches without a simple warrant? You call me a "moron" and a "stinking liberal traitor" and yet you don't have the slightest clue about the most basic legal and constitutional concepts. That's why Bush calls you his base I suppose: blind and ignorant allegiance without the slightest exercise of intelligent or critical thought.

[terrapin78]

mudrose, you cancerous re ctum

Talk about be lead by the nose. THAT IS THE REPUBLICON flock, not the Dems.

You know you are going to he-ll for lying!!!!!

[festes81]

The democrats beat bush to the punch? Does your memory last longer than a week? Dems have been trying to shut down that place for a whole lot longer than you think. showtime my ***. This is about fixing our country after Bush, Rove, Cheney, and anyone who keeps following their "party line". There are way more terrorists and people who hate America with that much passion thanks to the wanna-be conservatives. If you like conservative values, then you should have loved Clinton, who could actually keep a balanced budget. Go back to your Nascar and Paris Hilton. The ones who have brains are much better at running this country.

[ioweign]

mudrose,

It's very simple - ENLIST.

[rafterman1]

===Talk about be lead by the nose. THAT IS THE REPUBLICON flock, not the Dems.===

Yeah, I thought it was us Dems who were all over the place and couldn't get organized? Now, were all like-minded sheep who are led by the nose? Come on neocons, make up your mind about which Dem stereotype suits your political view today.