by Mark Silva
The White House came out swinging today at the House Judiciary Committee’s vote for contempt of Congress citations against White House Chief of Staff Josh Bolten and the president’s former legal counsel, Harriet Miers, in the congressional investigation of the firings of federal prosecutors.
“From our view, this is pathetic,’’ said White House spokesman Tony Snow, suggesting that the Justice Department will make its own findings about any referral for prosecution of contempt and that this likely is “not likely to go anywhere... What you have right now is partisanship on Capitol Hill that quite often boils down to insults, insinuations, inquisitions and investigations.''
The committee voted 22-17 today to sanction Bolten and Miers for failure to comply with subpoenas in the committee’s investigation of the firings of several U.S. attorneys. The full House could take up the matter in September. The White House maintains that the Justice Department will have to independently decide on taking up any such referral for prosecution, and is not likely to do so.
The White House's Tony Snow on the contempt vote:
Judiciary Chairman John Conyers on the contempt vote:
The Bush administration, which has dispatched Att’y Gen’l Alberto Gonzales to testify on Capitol Hill, has refused to let White House officials testimony in public under oath – instead seeking closed-door “interviews’’ of officials by members of the committee without official transcripts.
The White House maintains that its own internal communications are a matter of executive privilege, and Congress cannot compel officials to testify about those communications. Legal scholars question whether any such absolute right exists, and argue that under the current circumstances, the White House would lose a court fight with Congress -- the outcome of any such battle also likely to outrun the term of this president.
The White House also asserts that the investigation of the prosecutor-firings is baseless, with critics accusing the administration of playing politics with its prosecutors.
“There have been all these hearings on the attorney general, and no one has laid a glove on him,’’ Snow said today. “It is as if they keep throwing mud against the wall and hoping something is going to stick… Instead, this looks like an attempt to provoke something that falls more into the area of political theater…. At this point, we have hundreds of hearings that have produced Bupkis.’’
House Judiciary Committee John Conyers (D-Mich.) calls the dispute a matter of congressional authority to investigate the government and have its subpeonas honored.
“If we countenance a process where our subpoenas can be readily ignored, where a witness under a duly authorized subpoena doesn’t even have to bother to show up, where privilege can be asserted on the thinnest basis and in the broadest possible manner, then we have already lost,” Conyers said before the committee’s vote. “We won’t be able to get anybody in front of this committee or any other.”
White House counsel Fred Fielding has asserted that Miers and Bolten are both absolutely immune from congressional subpoenas — and has offered instead informal interviews with officials.
Contempt of Congress is a federal crime, but a president has the authority to commute the sentence or pardon anyone convicted of any federal crime. Congress can hold someone in contempt if he obstructs proceedings or an inquiry by a committee, and has used contempt citations to punish people for refusing to testify or for bribing or libeling a member of Congress.
The last time a full chamber of Congress issued a contempt citation was in 1983. The House voted 413-0 to cite former Environmental Protection Agency official Rita Lavelle for contempt of Congress for refusing to appear before a House committee. Lavelle was later acquitted in court of the contempt charge, but she was convicted of perjury in a separate trial.
The White House maintains that any referral for prosecution of a congressional contempt citation would be handled by the Justice Department – which the White House also insists will act independently in making any determination. At the same time, based on history, Snow calls any prosecution unlikely.
“This is not likely to go anywhere, but nevertheless, that is a decision to be made by the Department of Justice,’’ Snow said at the White House today. “In this particular case, the decision making authority of this falls to the Justice Department.’’
Short of any compromise between the White House and Congress over the testimony that the committee is seeking from Bolten and Miers, the dispute could end up in federal court – where, according to many legal authorities, the White House’s assertion of executive privilege may not stand up.
“There is no absolute right to presidential privilege,’’ Peter Shane, a professor of law at Ohio State University at work now on a book about constitutional checks and balances, has told the Tribune.
“What’s at stake here is a qualified privilege,’’ Shane says. “Bascially what somebody has to do, and that somebody could ultimately be a court, is consider the interests at stake for both parties… and which is the weightier interest… Given the president’s offer to let (aides) speak to Congress about these matters, essentially he has acknowledged that the information at stake here is not of sufficient urgency that the disclosure of it compromises his ability to be president… In that situation, if we get down a legal question of executive privilege, it’s not that strong.’’
The White House insists it wants to avert a court fight.
“We still hope cooler heads may prevail, and (Congress says), ‘OK, we’ll take an offer’…’’ Snow said. “That would show that the real purpose here is to get at the facts and not create a public furor.’’
He also suggested that Justice will make a timely determination of what to do with any referral for prosecution of a contempt charge.
“This is not something where somebody is going to say, ‘Hmm… can I stretch this out for 18 months?’’’ Snow said. “Nobody would stand for that.’’
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Comments
Noone has laid a glove on this attorney general? This attorney general is a farce, as is the president as is the spokesman as is the gop generally.
Posted by: Joe | July 25, 2007 1:41 PM
Contempt is the only possible feeling towards this INjustice department. We need Congress to storm the White House and drag the criminals off to prison until after January 2009 - waterboarding them every day until then. For Tony Snow to say that Congress is being "pathetic" is the height of irony. Nothing in US history is more pathetic than the cheneybush regime.
Posted by: snalg | July 25, 2007 2:13 PM
Yes, I have great contempt this AG and his 'Justice Dept'. They are truly pathetic.
The current batch of Republics fully demonstrates the Peter Principle.
Posted by: weinerdog43 | July 25, 2007 2:28 PM
This is the excuse for a legislative branch when we elect left-wing kooks to public office. The Democratic Congress should hang its head in shame.
Posted by: Chris Olson | July 25, 2007 2:30 PM
If ever a president and his administration needed to be reigned in, this is the one.
Posted by: Doug Zook | July 25, 2007 2:38 PM
One response: That is testimony to that we all need to get or find CSPAN-3 because otherwise we are all in the "Darken Doors of the White House" and can't see anything, not even those Vampires that hover above.
Here is our Attorney General, "Law of the Land" and admits to Perjury and gets to walk out basically a court room presided by judges. Congress had the right yesterday to not only cite but hold him in "Inherent Contempt" and arrest this man but let him go.
We as Americans didn't get that, let alone an admission of "Caging" in America and still walks out of the House. That's not a good thing.
This Department has "Systematically Shut Down" the Judicial System in America. Otherwise they are following a Third Reich agenda that does not include law in these lands in the near future to come.
Noting the Immigration Bill that we didn't pass (Thank God) Thank someone because by "Inserting "Secretary" wherever you see "Attorney General" appears we have already consolidated the Justice Department and they are now merely a puppet Branch in the Executive Branch. How else can one see it.
It just seems as though the GOP did not think they were going to get tossed out on their butts. It is evident that all the cookies in the cookie jar were stolen and we are just now finding out who took them.
How does this man get away with looking His Congress in the eye, and basically taking the Fifth. How does this man justify not obeying a subpoena. That alone is contempt and he should be fired.
But now, we all know Mr. Gonzales will resign. It's Not An Option. He has "EXPOSED SECRETS" and we all know that is DICKS BIG NO NO. HE HAS GOT TO GO. YOU CAN SEE THE HEADLINES.
OH YEA: Arlen Spector played his last card in regards to this madness too. "Special Prosecutor" that is the White House's dream.
Next: Press Secretary Tony Snow:
African Americans do not have to worry about their votes at the ballot box. We are now looking into any and all allegations relating to the "Caging" Scandal. (NEXT QUESTION)
"We can't or We don't talk about ONGOING INVESTIGATION. AND YES EXECUTIVE PRIVILEGE LETTERS ARE GOING OUT TODAY Barring any and all conversations relating to this matter.
He will resign, thats the GET OUT OF JAIL FREE CARD.
Posted by: Roger Morris | July 25, 2007 2:44 PM
The contempt charges against Miers and Bolton are warranted. It actually needs to be taken a few steps further.
And for Tony Snowjob to say that this action is pathetic illustrates to everyone how much Snow deceives us and spins the truth. He is a tool for this illegitimate administration. I actually feel sort of sorry for Fox Lies Snowjob. He is a sick man, riddled with cancer. It shows on him everyday. Snow should resign and spend his remaining time with his family.
Posted by: Doug R. | July 25, 2007 2:51 PM
Tony Snow is in contempt of the whole country. The more he yells and scremas the more dirt there is to find! Vote now before the august recess! Call Pelosi and demand a vote now!
Posted by: skip | July 25, 2007 3:03 PM
If the average person ignored a Congressional subpoena, he or she would be hauled off to prison. Not Bolten or Miers, because they're part of the Teflon lawbreaking machine we know as the Bush administration. None of this matters anyway, since Bush will just pardon any of their transgressions. He feels sympathy for people like Scooter Libby but not for the American people who have to continue hearing about our fellow countrymen dying overseas thanks to Bush's warmongering ways and "ignorance is bliss" attitude that keeps us in Iraq far past the war's spoiling date.
Posted by: Craig W. | July 25, 2007 3:12 PM
The President and most of his administrations should be brought up on contempt of the American people charges. I really wish they would impeach him, just for the show. It is a shame that he is done as much damage as he has and is not even going to be held anywhere near accountable for the his stupid and evil deeds.
Posted by: B K Ray | July 25, 2007 3:30 PM
Tony SnowJob said "What you have right now is partisanship on Capitol Hill that quite often boils down to insults, insinuations, inquisitions and investigations."
No Feces!!! When Republicans trounce all over everything, usurp laws, investigate people's underwear, and hold hearing after hearing about a mail room it's righteousness. Now that the Democrats are doing what a Republican congress should have done for the last 6 years it's partisan politics. No Feces...""
Posted by: Anonymous | July 25, 2007 3:44 PM
First Dubya commutes Scooter Libby's "sentence" then he orders his underlings to defy the Congress that we elected. Who's for the rule of law around here, anyway?
Posted by: Don Dopke | July 25, 2007 3:56 PM
Ignore them, avoid them, lie to them, gripe about them, point the finger at them.
Then they call your bluff.
What did you expect?
Posted by: Kenny Bunkport | July 25, 2007 4:05 PM
What this country needs is as loud a voice on the left as there is on the right. When Clinton was president anything and everything was shouted out across the radio airwaves and what was deemed to be legitimate and in many instances not so legitimate, made it to the main stream media. There is not an uproar because most talk radio is conservative and with Fox being the predominate face on cable news these stories are given little or no airtime. The American People depend on the media to inform and unfortunately all too often they fail miserably.
Posted by: Daniel Elliott | July 25, 2007 4:39 PM
"The Bush administration, which has dispatched Att’y Gen’l Alberto Gonzales to testify [that is, LIE] on Capitol Hill..."
Contempt doesn't begin to cover it. If Alberto Gonzales cannot remember anything, perhaps he should be fired for INCOMPETENCE!
Oh, I forgot, Incompetence is this administrations goal.
Posted by: athena | July 25, 2007 6:55 PM
You Dem leftist posters have no idea what your saying the Democrats in Congress from our own Dickie Durbin to Harry Reid the tired trial lawyer from Searchlight Nevada admidts he grew up in a brothel because his Mom was a laundress. What a bunch of weird people to be running our Congress. Now Harry is working on salvaging the careers of his 4 sons and grandson who are lobbyists. Hey, lefties if John Boehner did this you would impeach him. Reid and Durbin are sleaze wake up Dems--Jerry White, Springfield, IL
Posted by: Jerry White | July 25, 2007 8:31 PM
And Tony is every bit as pathetic as those he lies for.
Posted by: Rick/Sneads Ferry, NC | July 25, 2007 9:05 PM
Shouldn't Tony Snow go home and be with his family? He looks terrible and his sycophant job can't be doing his health any good. He's looking more and more like a Bush/Cheney morph every day. Go home, Tony. Be with your family. You gambled when you took this job with that gang of criminals and you lost.
Posted by: nutty4tahoe | July 25, 2007 10:00 PM
If contempt of Congress is a crime, they would have to lock up 86 percent (by poll) of all Americans.
Posted by: Sheffield | July 25, 2007 10:52 PM
I watched this hearing sometime during the night on CSPAN since I couldn't sleep and it truly is pathetic. Our elected officials using precious tax-paid hours with this foolishness. It was embarrassing.
Posted by: arb | July 26, 2007 8:54 AM
Funny, when the Republicans were all over Clinton for consensual sex, it was 'oversight', now it's 'partisan politics', when the Bush administration spies illegally on Americans, jails people illegally, lies to Congress about all of the above, and drags us into wars in violation of the Geneva Conventions? Please.
Posted by: brantl | July 26, 2007 10:40 AM
Just put the whole mess out on the table and let the voters see how "pathetic" it is! Why lie if your not trying to hide anything?
Posted by: Dave | July 26, 2007 1:47 PM
bad enough we don't have the strength (it seems) to hold bush & co. to task for what they have wrought...
but we can't even knock down this AG who blatantly lies to congress with a smirk on his face??
the body politic has been so poisoned with ignorance and hatred that we may have crossed the rubicon already...
Posted by: seth | July 26, 2007 1:58 PM