Judge Bates Reminds White House No One Is Above The Law

Since they walked into the White House, George Bush and his minions believed that they were above the law. This was proven time and time again when they broke the law and when called on it by the blogosphere (and rarely by the timid traditional media) they hid behind a veil of secrecy. When Congress changed hands and gave the Democratic Party some power to hold hearings and deliver subpoenas, they claimed executive privilege. Well after what seems like months and months of delays, a federal judge known for his executive branch bias has reminded the White House that no one is above the law.

From MSNBC:

In his ruling, U.S. District Judge John Bates said there’s no legal basis for Bush’s argument and that his former legal counsel, Harriet Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force testimony from White House chief of staff Joshua Bolten.

“Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena,” Bates wrote. He said that both Bolten and Miers must give Congress all non-privileged documents related to the firings.

The ruling is a blow to the Bush administration’s efforts to bolster the power of the executive branch at the expense of the legislative branch. The Bush administration argued it was immune from such subpoenas, arguing that Congress can't force them to testify or turn over documents.

Contrary to the wishes of the President and those beneath him that carried out crimes against the people of the United States and in particular several U.S. Attorneys (for this specific matter, the scandal is but one symptom of a devastating disease ravaging our Constitution). Judge Bates realizes that in our democracy, Congress has the power to check the Executive branch in order to give balance to our system of government. You know, the stuff written into the Constitution.

Of course now the White House will come up with another tactic to delay, most likely in the form of an appeal. That is why the Congress must find its spine and act now to circumvent their skirting of the justice system. Pelosi claims that they'll act, but only the people can pressure her and the caucus she leads into choosing real action over blustering and issuing sternly worded statements with nothing behind them.

Judge Hints At Congress To Arrest Bushies

Our Congress has been absolutely horrific this session (and the last few as well) in playing its role as a co-equal branch of government. In the Constitution, it states that Congress is allowed to conduct oversight of the Executive Branch, but Democratic leaders have been hesitant about doing so when the White House skirts the law and throws roadblocks up to discovering the truth of their crimes. Instead of going for the throat, the Dem majority has only mustered limited effort and tries to shield itself from criticism (from the lawbreakers) by going to a judge to make Harriet Miers and Josh Bolten, among others, testify to Congress. Well the judge hasn't ruled yet, but his statement thus far speaks volumes.

From TPM:

In a motion hearing in federal court today, U.S. District Judge John Bates questioned why Congress didn't simply arrest former White House counsel Harriet Miers and Chief of Staff Josh Bolten after both refused to respond to subpoenas issued by the House Judiciary Committee:

Congress has the authority to hold someone in contempt, U.S. District Judge John Bates said. Did it really need to go to court? House counsel Irvin Nathan said it did.

The hearing is the latest in an ongoing battle between Congress and the White House, to have senior aides testify about the U.S. attorney firings.

The Bushies are doing whatever they can to wait out the end of the term so they can hopefully fly under the radar. Sternly written letters may be threatening the first time, but after Congress writes dozens of them, no one seems to care. Now if they use actual force and arrest these crooks (alleged crooks of course) then that could actually do something. Claiming Executive Privilege is a bullshit maneuver and everyone knows it, Congress is just too cowardly to do anything about it.

Constitutional Showdown: Bush Vs democracy

Although the amount of time it took was surprising, the Bush Administration's lackey Michael Mukasey (a.k.a. United States Attorney General) handed back an all too expected response to Congress that he will not fulfill his duty to prosecute Miers and Bolten. When it comes down to it, Bushies will protect Bushies over the Constitution any day of the week. So what is Congress going to do about it?

From The Huffington Post:

WASHINGTON — Attorney General Michael Mukasey refused Friday to refer the House's contempt citations against two of President Bush's top aides to a federal grand jury. Mukasey said White House Chief of Staff Josh Bolten and former presidential counsel Harriet Miers committed no crime.

As promised, House Speaker Nancy Pelosi announced that she has given the Judiciary Committee authority to file a lawsuit against Bolten and Miers in federal court.

"The House shall do so promptly," she said in a statement.

Mukasey said Bolten and Miers were right in ignoring subpoenas to provide Congress with White House documents or testify about the firings of federal prosecutors.

First off, Mukasey doesn't know shit other than subverting the rule of law. For him to decide what is right or wrong is ridiculous. If your goal is to thrash our system of government and install an autocratic dictator, then maybe you are on the right track. Its just, well, the American people might have something to say about that.

So anyway, this civil lawsuit will go to a judge sooner or later. Mukasey will argue that Miers and Bolten could not testify because the President said so. He obviously believes Bush has more power than the Congress, despite the fact that the United States was set up with three co-equal branches of government. This isn't a case that is hard to determine, it is a slam freakin dunk for Congress. All this does is delay the American people from hearing the truth about what Miers and Bolten did on behalf of the White House.

Oh and just in case you forgot what this whole brouhaha is about.....Bush and his cohorts had United States Attorneys fired for not prosecuting people based on the political beliefs of the Bush Administration. When several of the dismissed Attorneys came forward with what happened, Congress started asking questions and no one that is involved with doing the firing is answering. Finding out those answers could implicate Bush Administration officials in a crime. The American people deserve the answer, and those that violated any laws of our land must be held accountable. It is that simple.

Wow, Pelosi Actually Wrote The Letter

Congratulations Madam Speaker:

Washington, D.C. – Today, Speaker Nancy Pelosi sent the following letter to U.S. Attorney General Michael Mukasey, informing him of the referral letter sent to U.S. Attorney of the District of Columbia Jeffrey Taylor on contempt citations of former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten. Taylor is required by law to bring the matter before a grand jury. However, Mukasey has indicated that the Justice Department intends to prevent Taylor from complying with the law.

“There is no authority by which persons may wholly ignore a subpoena and fail to appear as directed because a President unilaterally instructs them to do so. Even if a subpoenaed witness intends to assert a privilege in response to questions, the witness is not at liberty to disregard the subpoena and fail to appear at the required time and place. Surely, your Department would not tolerate that type of action if the witness were subpoenaed to a federal grand jury,” she wrote.

“I strongly urge you to reconsider your position and to ensure that our nation is operating under the rule of law and not at presidential whim,” she added.

Two weeks ago, the House passed H.R. 979, which holds Miers and Bolten in contempt of their subpoenas.

You can read the letter via the link if you so choose, but this excerpt sums it up. Now the ball is in Mukasey's court. Will he comply with the Constitution, or continue being Bush's lackey? I'm going to go with the latter, you know, based on the last seven-plus years of this pathetic excuse of a Presidential Administration.

So once he ignores the letter, Pelosi will have the Judiciary Cmte (see Congressman Conyers) file a civil suit. This is the agreed upon action and it isn't even an idea hatched by Democrats. No, this one was concocted by no less than James Sensenbrenner, the Judiciary Cmte Chairman back when the GOP held the house.

Gee, look at that, Republicans actually do have some relevant ideas!

Republicans Literally Walkout From Accountability!

In an un-Democratic Party way, the leadership in the House of Representatives stood up and demanded accountability from White House personnel that disregarded Congressional subpoenas. After several long months of House Democrats hemming and hawing, they finally brought the resolution to the floor that held Harriet Miers and Josh Bolten in contempt of Congress. Well one bold act deserves another, and Republicans did just that.

From RawStory:

On a vote of 223-to-32 House Democrats succeeded in passing the contempt charges against White House Chief of Staff Josh Bolten and former counsel Harriet Miers, after Republicans walked out in protest.

House Republicans staged a walk-out Thursday afternoon to protest the contempt vote and the failure by the chamber's majority members to bow to President Bush's demands on a controversial spying law.

"We will not stand here and watch this floor be abused for pure political grandstanding at the expense of our national security. ... Let's just get up and leave," Republican Leader John Boehner advised his colleagues as they dramatically left the floor Thursday afternoon.

When faced with the dilemma of participating in holding members their own party accountable, they act like five year olds and walkout. Truly pathetic!

Forget about Boehner and company though, the true test is to see whether the Attorney General will actually follow the rules set forth in the Constitution and have this matter adjudicated. So far I have little hope in Mukasey, but time will tell I guess.