For months, many experts (including myself) have been arguing that the Bush Administration’s claim of privilege in the congressional investigations (and the refusal to comply with subpoenas) is untenable, if not laughable. Nevertheless, Attorney General Mukasey has refused to allow a grand jury to see the evidence of the criminal contempt by Bush Administration officials. Now, a federal judge has ruled against the Administration. Judge John Bates has found that the Administration must comply with the subpoenas in the cases of he president’s chief of staff, Josh Bolten, and former legal counsel Harriet Miers on the firing of nine U.S. Attorneys. The decision not only puts pressure on Mukasey to stop his obstruction of the process, but it clearly reaffirms the view of many that Karl Rove is also in flagrant contempt.
Meirs and Bolton were previously held in contempt in the Senate, click here.
This is only the latest loss of the Bush Administration in court. President Bush surrounded himself with extremists from the bar and teaching academy like John Ashcroft, Alberto Gonzales, Professor Viet Dinh, and Professor John Yoo. Even before 9-11, they tried to establish an imperial presidency model that dwarfed that of Richard Nixon.
Judge Bates rejected the latest such claim and said that these officials are not immune from subpoenas. The question is now whether Mukasey will yield to this independent assessment — and the vast majority of experts — and comply with federal law.
Moreover, if these officials are clearly in contempt, then Rove is an even more egregious case. Rove virtually fled the jurisdiction to avoid testifying. The House this week reaffirmed his criminal contempt status, click here. While this decision does not directly cover Rove, the underlying claims rejected by the court are largely the same.
The Democrats will likely fire off a new letter to Mukasey. However, if he will not yield to the courts or to Congress, it is time for Congress to use its own inherent contempt power. Mukasey has not only maintained an implausible argument (now rejected by the court), but he has broken a long-standing tradition with Congress. Congress voluntarily suspended these trials under its inherent contempt powers with an understanding that the Justice Department would not obstruct efforts to hold officials accountable. That is precisely what Mukasey is doing in this case, click here.
Susan,
I think you are right about Sen. Feinsten. The only reason why I blame Schumer is that he was a big supporter of Mukasey because he was form NY. I don’t know what it is going to take for the Democrats to realize that the Republicans under George W. Bush will not nominate anyone who isn’t controlled by Bush and/or Cheney. How stupid can they get. Having the AG position vacant until Obama takes over in January would have been better than having to listen to the Anti-Constitution crap that Mukasey has spewed since he was installed to replace Gonzo. For the AG of the United States say that we can’t prosecute anyone for crimes that are blatant is frustrating.
Rafflaw, I know Sen. Schumer foolishly voted for Mukasey, but didn’t Sen. Feinstein also make the same dumb vote? Were they the only Democrats who voted Bush’s legal mouthpiece into the Attorney General’s seat? I can’t remember what the actual tally was on the Judiciary Committee.
Thanks Jill,
I will listen to the NPR audio.
rafflaw,
I think this is where I heard it. I’m going from memory.
http://www.npr.org/templates/story/story.php?storyId=92357311
percy,
god bless everyone, from every country
God Bless GW Bush & Dick Cheney.
Jill,
You are right to be concerned about Cheney. He is one of the snakiest people to ever be in Washington. I had not heard about the Colombian story. That is strange, but with the Bush Administration, nothing would surprise me.
Dundar,
“This is why we have an appeal process; to negate the impact of judges that don’t have clues.”
Sooooooooooo, you want a president and presidential staff who don’t have to answer to anyone? Why have a legislative or judicial branch then? Were our forfathers wrong? Should we all embrace the new dictators?
U.S. AIRLINE PROFILING ATTACK-HOMELAND SECURITY VICIOUS ATTACK-ON CANADIANS (MY MOTHER AND I) -WE EXPOSE ORDEAL: http://WWW.AARONJAMESSTORY.COM-KIDNAPPING ATTEMPTS IN RESPONSE!!! US. NOW USING CAN. GOVERNMENT TO TRY TO KIDNAP US TO U.S./TORTURE TO SILENCE US-3 attempts on my life over last 2 weeks(july 31/08)!! Background: Oct 27/07 Wpg Pol broke into/raided my home/ ATTEMPTED MY ABDUCTION TO U.S. on behalf of their counterparts , the MN police in U.S. to silence our on line protest (AARONJAMESSTORY(DOT)COM) after my mother and I were profiled/attacked on a U.S. aircraft. Jess Zebron step son former Chief Ewatski is involved and is one amongst 4 Winnipeg Police ‘Officers’ who came under charges as reported in Jan 15/08 Winnipeg Free Press/ Winnipeg Sun Columns. All 4 of these charged Winnipeg police ‘officers’ were amongst the 10 police who held guns to my head raided my home, stole belongings sending them to Minneapolis in the U.S. and held me 12 hours no food no water, while threatening and making maneuvers towards my abduction to the U.S.
My website fully exposes the corruption within the Winnipeg police department: Human Rights report by Dianna Scarth and Jerry Woods cites racial brutality attacks upon natives and blacks outside the city perimeters… Canadian Press report by Tamara King cites unprecidented levels of corruption and perjury or brutality charges against police systemic across Canada.
See my site winnipegpoliceexposed(dot)blogspot(dot)com and you will see the Winnipeg Police exposed in systemic rapes, brutalities, drug dealings, gang affiliations, cross border abductions (of which my case is just one amongst many) racism, and systemic abuses.
Total 11 attempts upon my life by Wpg police-they are trying to abduct me prior to Sept3/08 hearing at which we can expose their involvement in our attempted cross border abductions/ kidnapping and jail them for felony acts!
They have gone so far as to terrorized family friends and associates – have also terrorized my 64 yr old mother upon one abduction attempt, demanding entry yet I was not present. We both now suffer chest pains and I have been hospitalized several times as a result of the combination of the original attack and 3 years ongoing trauma/ fear for lives.
Winnipeg Police chief Keith Mc Caskill is deeply involved. He is an FBI graduate with liason to MN police. MN police and Wpg Police Similar MN police are now undergoing lawsuit for KKK threats upon their own black police and Black/Muslim congressman Keith Ellison, and in Minneapolis where we were profiled/attacked 21 blacks are imprisoned for every 1 white due to judicial corruption documented by the Council on Crime and Justice.
CORROBORATIVE CONTACTS: Our Journalist Lesley Hughes (204) 275 5757 e:lesleyhughescanada@yahoo.com, also: Roch Tasse International Civil Liberties Monitoring Group: rocht@iclmg.ca, Communities United Against Police Brutality Michelle Gross (CUAPB.org) 612 703 1612 e:mgresist@minn.net,
The government should have to answer to the people for what they do. I am glad this judge stood up for what is right. The firings were questionable and this does need to be looked into. One never knows what we may learn…why were they fighting so had to keep things from the grand jury?
Gyges,
That is my feeling. Better to do it at a time not of his choosing.
Jill,
All the more reason that he needs to be acted against and quickly, before he can get any more entrenched.
I agree that Congress should use inherent contempt powers, but does anyone besides me feel very nervous about that? All kidding aside about dick, he maintains his own armed force, a praetorian guard. He has basically set up a parallel government that answers to him, and him alone. I have doubts about dick letting certain people be arrested. I really wish the Congress would take dick up on his membership in the legislative branch and remove all the funding for the office of V.P. I don’t know if people heard this on NPR but when the hostages were rescued in Columbia the miliatry guy in charge went to get permission, not from bush, but from cheney. He said that as casually as we might say “hello”. Why is the military asking the VP if they can go on a mission? I still think Congress should more on this, but it could very well get quite ugly. It’s getting harder for these people to outrun everything coming their way. It makes them more dangerous than before.
Susan,
You are right about Mukasey agreeing to be the “Bush protector” before he was even nominated. He was a set-up and some of the Senators fell for it. Schumer’s vote in Committee was a big mistake that cost us this excuse for an Attorney General.
Finally, a judge with the courage to rule for JUSTICE instead of politics, and a judgement against the Bush administration was long overdue. I wouldn’t mind seeing Karl Rove in handcuffs either. As for Attorney General, I think he’s another lackey of the Bush administration, who has acted as Bush’s protector against unwelcome Congressional inquiry, and possible impeachment or worse. Which Bush knew before he appointed Mukasey, of course.
This is why we have an appeal process; to negate the impact of judges that don’t have clues.
I can’t believe that the Honorable Michael Mukasey is not telling the truth or is no smarter than Alberto Gonzalez! Congrats to the Judge deciding in favor of the Constitution and not the politics. I am guessing that Bush and Co. will appeal this to drag it out past January. I don’t care except I am still concerned with them destroying evidence. Congress needs to hold Rove in Inherent Contempt and arrest him and bring him into the hearing room and put him under oath. It would be fun to watch him take the 5th on every question!
whooliebacon,
And to think, all this time he just needed ex-lax to loosen up and stop being dicktatorial.
Really though this is great news. I’m sure this isn’t the “END of the matter”:)
Jill,
He has a constipated constitution anyway…
It will be interesting to see how cheney finesses his bowel movement about this one!