In what is now an almost mocking level of contempt, Karl Rove has refused to appear before Congress despite a subpoena to do so. While claiming executive privilege, there is no justification for the failure to appear and to answer any questions on the firing of U.S. attorneys. The question is what will the Democratic Congress do beyond expressions of outrage. It is a question that I will discuss on the Dan Abrams show tonight.
Rove is claiming immunity despite the fact that there are obvious many questions that could not possibly be covered by executive privilege. He was first subpoenaed in May. Committee Chair John Conyers and Subcommittee Chairperson Linda Sanchez have already rejected the claim and threatened prosecution. However, Attorney General Mukasey has blocked giving the case to the grand jury. That leaves Congress’ inherent contempt authority, discussed here.
Congress stopped holding contempt trials after the Justice Department insisted that it would be represent the institution in court. With the open effort to protect officials by Mukasey, Congress now must choose between using its inherent authority or to accept open contempt of its authority.
For today’s story, click here.
September 17, 1999
Clinton Refuses Subpoena For Material on Clemency
By KATHARINE Q. SEELYE
Citing separation of powers & executive privilege, President Clinton today rejected subpoenas from Congressional Republicans to turn over records of private deliberations that led him to offer clemency last month to 16 members of a violent Puerto Rican nationalist group.
”Pursuant to the Constitution and the separation of powers doctrine, the President’s authority to grant clemency is not subject to legislative oversight,” Cheryl Mills, the White House deputy counsel, wrote to Representative Dan Burton, the Indiana Republican who is chairman of the Committee on Government Reform. On Sept. 1, the committee issued subpoenas to the White House and the Justice Department seeking all interagency communications and other records relating to the President’s decision.
Ms. Mills also said the White House was spurning the committee’s subpoena for Beth Nolan, the President’s new chief counsel, to testify on the matter. But Administration officials said tonight that three other officials would appear next week at the panel’s hearings, although they would not testify to matters considered confidential.
This was the fourth time the Clinton Administration asserted executive privilege in response to demands from Congress.
Bob,(not Bob, Esq)
The arrest warrant would have to go through the Justice Department and Gonzo II won’t honor it. Mukasey is on the record that the U.s. Attorney will not proceed with the matter. That is why the Inherent Contempt process is Congress’ only avenue at this point. If they want to actually retrieve their share of power under the Constitution.
Michael,
I had one Congressional staffer come out and tell me outright they were monitored. If this and/or threats is what prevents Congress from acting then I would advise them to all come out with it at once. There is safety in numbers and this would be a good time. I just don’t know if it’s this holding them back or a genuine fecklessness or abundance of greed, It truly is frustrating.
I hope at least several of them will pawn the problem off on the the judiciary if they won’t stand up themselves. I’m really uncertain what is going on here.
This needs to be dragged out until January 21st, 2009.
Congress is “missing in inaction”
Actually, it’s quite adept at that.
As Jill originally stated we are in a constitutional crisis of epic proportions. The only possible explanation of the House’s timidity is that people are being blackmailed and/or physically threatened. Surely these committee chairmen must realize that refusing a congressional subpoena based on “executive privilege” was rejected during Watergate and further rejected, by Republicans during the Clinton debacle. If
the House does nothing in response to this outrage, then the game is up and any pretense of our country being a democracy and/or republic has gone away. Very scary times.
Boy do I agree with all these anti-Rove replies. This pompous fat-ass should be arrested, taken to the basement, and let him stay there until he realizes the Bush slugs are not above the law. Of course, none of this will happen because the tough talking Democrats don’t have the cajoles to call Turd Blossom’s bluff. I’m disgusted with the whole lot. President Chuckle Nuts has an approval rating lower than Nixon, and justly so, but impeachment is off the table and hearings such as the one being discussed here never lead anywhere. That being the case, Conyers, who I used to respect, Wasserman-Shultzs, and the whole lot are pathetic to watch and listen to. All Democrats should take a lesson from Senator Feingold and stand up to these criminals, and, Obama should be the first in line for Russ’s advice. I know I am rambling but I’m at my wits end with the constitutional crisis in the country, and the Democrats just sit there. What does Bush and company have on these office holders, or, do they really like it the way it is, especially, when it looks like the Democrats are going to be rocked back into power big time this Fall.
Waterboard him.
Bob:
“How hard could be to just issue an arrest warrant? Isn’t that what happens when you or I fail to appear in court?”
*********************
Well Bob “all animals are equal, some are just more equal than others.”
In a civilized democracy citizen Rove would be detained by the local sheriff and then brought before Congress in shackles. In our genteel society and with his silk stocking connections he will likely be gently prodded into doing his civic duty. But even that is not a sure bet. I agree with Queen Victoria who once told Disraeli, “I do not think we can say we own that which we cannot hold.” The same applies to the power and prestige of Congress.
Figures. His Arrogance, Rove and the Untouchables, have put themselves above everyone, but it also seems true that there isn’t anybody in Washington who’s accountable or trustworthy. Too bad possible innocents are swept up in this generality, but little else is left for us to consider. Maybe Pierre Salinger had the right idea about where his postal address should be.
How hard could be to just issue an arrest warrant? Isn’t that what happens when you or I fail to appear in court?
I agree rafflaw,
Finding our moral foundations would mean renoucing “enhanced interrogation techniques” of any kind on anyone. Also, Rove stikes me as a very cowardly person. I think imprisonment until clear and truthful testimony was obtained (which probably would be as long as the “war on terror”) would work. I just don’t think Congress will do this.
I hope I am wrong about that.
Jill
A series of “enhanced interrogation techniques” would be appropriate for someone like Rove, but let’s be better than the Bush regime and actually put the alleged miscreant through the justice process of Inherent Contempt.
Why are the tax-and-spend Democrats funnelling money into Gitmo if we’re not going to use it?
Canvas bag over the head, billyclub to the base of the skull, quick flight for Rove to Guantonomo, and it’s plenty of “non-torture” for him until he confesses. We are s**tbeating LOTS of innocent people there, it is time we find our moral foundations and waterboard this assclown until he coughs up every dirty deed he’s done for Bush and Cheney.
I agree with Mr. Bee that it is time for the Inherent Contempt proceedings that is at the disposal of Congress. Karl Rove is an arrogant felon and the country, and the world, would be a better place if he was incarcerated. Then he might get religion and agree to answer the questions of Congress. This process is not like an impeachment. It should not take a long time to initiate and it will go a long way to reinforce the proper Constitutional role of the Congress. Karl Rove has called the poker hand of Congress and Congress needs to display its Full House via Inherent Contempt.
Send the Sergeant at Arms over to Roves house with a contingent of officers, arrest him, take him to the jail in the basement of the Capitol, and let him sit there, until he’s ready to talk.
Thats all they have to do, and theres absolutely nothing stopping them, but their own timidity.
Perhaps whats lacking is a little “street-sense” in our congressional leaders.
If after all, they had a little “street-sense”, then they would be familiar with the old adage, “Don’t write a check with your mouth that your body can’t cash”, and therefore understand that coming out every few weeks to make empty demands and then slinking back into the shadows until they come out again to pronounce their next set of empty demands, is not doing them, or us, any good.
Well, its time to stop blaming Rove, or Bush for this stonewalling.
They can’t help being what they are. Corrupt.
Its time to start holding the real people responsible for Rove not testifying.
The Congressmen, like Conyers, and Sanchez, are the ones facilitating this, by their own spineless, empty, threats.
We elected these people to represent us in our Congress, and empowered them with all the authority required to carry out that duty.
If you or I, refused to testify, we would be immediately hauled before them in handcuffs, and compelled to do so.
The Congress has their own police force. They even have their own jail.
IF they want Karl Rove to testify, then I suggest they avail themselves of these tools provided to them, and stop making stump speeches designed to show us how hard they are “trying”.
The time has come for this Congress, to either put up, or shut up. We’re all tired of the fake posturing that invaribly turns into kowtowing to the White House.
If they are truly an “equal” branch of government, then let them start acting like it.
Or shut up, and let their impending replacements, do it for them, after the fact.
It is clear that this country is in the middle of a constitutional crises. Congress is “missing in inaction”. So far, some in the judiciary have been protecting the rule of law. If there is a way to get this matter into the remaining democratically functioning branch, I hope this is taken.