Login HereAttorney General Michael Mukasey on Friday rejected referring the House's contempt citations against two of President Bush's top aides to a federal grand jury. Mukasey says they committed no crime.
Mukasey said White House Chief of Staff Josh Bolten and former presidential counsel Harriet Miers were right in refusing to provide Congress White House documents or testify about the firings of federal prosecutors.
"The department will not bring the congressional contempt citations before a grand jury or take any other action to prosecute Mr. Bolten or Ms. Miers," Mukasey wrote House Speaker Nancy Pelosi.
Fortunately, Speaker Pelosi is not willing to let it go:
By ordering the U.S. Attorney to take no action in response to congressional subpoenas, the Bush Administration is continuing to politicize law enforcement, which undermines public confidence in our criminal justice system.
Anticipating this response from the Administration, the House has already provided authority for the Judiciary Committee to file a civil enforcement action in federal district court and the House shall do so promptly. The American people demand that we uphold the law. As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that.
I also liked this bit from her original letter to Mukasey, which really drives the issue home:
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. Short of a formal assertion of executive privilege, which cannot be made in this case, there is no authority that permits a President to advise anyone to ignore a duly issued congressional subpoena for documents.
The Bush administration simply has no compunction about breaking the law, or misusing it to attack their enemies, because they own the sheriff. It's like we're living in a Dukesofhazzardocracy.
So kudos to Pelosi for going around the corrupt sheriff - but I'd be a hell of a lot more impressed if she hadn't taken impeachment "off the table."
UPDATE: LS and Ann in Az both ask, "What about inherent contempt?" That's a very, very good question, and one that I do not have a satisfactory answer to. And probably never will...
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((( Eli )))
Eli!
Zed!
Hi, Petro! Hi, Buidun!
Nice try, Lou…
Somebody had to say it!
Hiya Eli!
Dood! oops, ELI!
Um, Biodun, rather. I think my fingers were a little off-track…
Hiya, LL!
Good post, Eli. Kudos to Nancy indeed; maybe she’s starting to wake up a bit?
LL! Aloha!
Nyuk nyuk nyuk … beat ya Lou …
Aloha CT!
Can the legal eagles here describe what happens next and about on what time scale? Days? Weeks?
“Rule of LAW.”
How quaint!
This is the kind of story that should be breaking news on all channels..
Thanks, LL. I sure hope so.
I was just coming to FDL to see whether Christy or any of you know what leverage there is in this lawsuit … will sit back and read …
“Mukasey says they committed no crime.” Ummmmm. Oh.
Cool…new law…subpoenas don’t matter. Congress doesn’t matter.
Mucus Mukasey is a fool to end his long career in such an embarrassing manner.
Go Pelosi! Hang Tough!
Hey Buddy, how’s life in Paradise ?
Is it safe yet to call Mr. Mukasey a political hack?
‘ but I’d be a hell of a lot more impressed if she hadn’t taken impeachment “off the table.” ‘
But she hasn’t really taken impeachment off the tabe, in reality. She just said a foolish thing for poltical reasons. She can change her mind, and should, if circumstances warrent it. She will, if she is an honest and courageous leader who obeys her oath to support the constitution. I hope her oath is more important than some loser, poltical consulant tested, counterproductivd PR boilerplate she recited early in her term as Speaker.
Mukasey should be impeached for this.
I’m proud of Nancy for this. It may be a master plan for Americans to DEMAND impeachment.
I wish I knew. I think a criminal prosecution by a USA (or better yet, impeachment proceedings) would be preferable, but obviously that’s not going to happen.
Hello? You have to show up… Wake up, Mukasey!
BTW … thank you very much, Chuck F*cking Schumer, for Mukasey !
It’s been safe ever since he refused to say waterboarding was torture and should be illegal.
What qualities would President John McCain search for in an AG?
Gorgeous day! The trade winds have dispersed the Vog we’ve been beset with…!
When no-one in the Bush administration or the GOP raised any objection to him, that was a pretty good indication that the fix was in.
B- bu- but .. they didn’t break any laws … this is just political gamesmanship by the Dems … feel free to add your wingnut excuses …
Obedience.
Yo Eli!
I keep telling myself impeachment could be put back on the table any day now, it kinda works, sorta maybe.
Deputy Dawg
http://digg.com/political_opin....._To_Life_2
Oh, I know that BushCo wanted Mukasey … I’d like to ask Chuck and the Boys what the F*ck they were thinking …
Yo Elliott! I’m just not sure there’s enough time now.
The Attorney General cannot be the Sheriff in a lawless Administration. The law depends on the threat of removal from office, which only the congress can enforce. Taking impeachment off the table means there is no mechanism to enforce the law against a lawless executive. Everything else is delusion.
taking impeachment off the table is the most lawless action Congress could take.
And as EW explained next door earlier today, Pelosi has handed the ball off to Conyers, who has followed through by filing a civil lawsuit.
Bob in HI
i’m confused by this. so, does the house or the judiciary committee file with the court?
Excellent !!! BTW, we got 4 inches of snow in 3 hours … and I don’t mean ‘The Fun Stuff’ … *g*
Maybe Chuck owed Mukasey a Really Big Favor. Or else he’s just an enormous sucker and/or tool.
I wrote DiFi immediately after the Telecom vote in the Senate and reminded her of the warnings on Mukasy. She wrote back explaining the wonderful work she did on the telecom sitiation, and completely ignored my question about whether she was proud of her defense of Mukasy. (I do know that she never saw the letter, btw. Just her lackeys ignoring my question.)
“taking impeachment off the table is the most lawless action Congress could take.”
I agree. Replace Pelosi as Speaker!!!
Bob in HI
Thanks Bob, I’ll take a look over at EW’s site …
Someone who would continue to spit on the Constitution.
The House. Look next door at EW’s place. Letter from Conyers, initiating the civil lawsuit.
Bob in HI
Not surprised but a bit surprised the the dem spine is still holding. Wow, I’m a downer *looking for wine glass*
((((( Loo Hoo )))))
I felt sick watching his nomination hearing … as though they were all under the control of One Evil Overlord …
Not to worry–I forgive you…*g* Hello from Paris…
Just like Roberts. And Alito.
My observation is that President McCain would hold out for a strict constuctionist type for AG. Strict construction, as they interpret strict construction.
They make “Raw” wine ?!! *g*
Yup !
I *knew* it!!!
But sometimes I think that they’ve taken impeachment off the table because they don’t want Bush to pardon anyone. That maybe, just maybe, they want these people to stand trial for their crimes.
Pollyannasville???
“taking impeachment off the table is the most lawless action Congress could take.”
Ding!
right. so why this bit in speaker pelosi’s letter?
is there something left for the house to do, or is it all in the control of the HJC?
sadly, yes
As it pertains to the Constitution, I would desire to be thought of as a fluid constructionist.
They kept saying they wouldn’t get the votes to remove Bush form office, but how could they know that without the investigation ?
OMG…this is so funny…Mr. LS is going to play guitar with Mike Huckabee tomorrow in Austin at an appearance he’s making! That should be interesting.
take your video camera, this I gotta see
Yep. Does it require a vote to start the investigation?
It’s time for new Democratic leadership.
Ask The AG to testify before Congress on why he won’t enforce the law. Then declare his answers crap and hold him in Contempt of Congress in the DC County jail no special jail for him!
After all Congress decides what is Contempt of Congress right?
Please tell him to remind Mike that McCain lurves Hagee …
All we need are some Congresspeople with Stones
That’s what it’s like. Who could possibly have imagined that America would be flushed? Thank all stars that Obama has come along now. I know, I’ve supported Hillary. But Obama is a superstar. The Africans love him because he’s black, the Muslims love him because of his name, and the Americans-and importantly the youth- love him because he just calmly speaks the truth. I’m a convert!!! YES WE CAN!
Someone on EW’s blog mentioned this … I’m sure Christy is hard at work on this …
I can’t go…but it is going to be filmed…tee hee.
Listen live to BBC World Service News here…
That and a reminder to the AG that other courts like the Hauge will be interested in people who cover up war crimes. It always helps to make things personal is my belief.
Hehehe lucky for me, wine is a raw food. It is not cooked (temp not over 115) so I’m in the clear!!!!
I’m gonna tell him to tell Mike not to rapture the world if he gets into office!!
OMG! You better have pictures and audio to share, LS. We want all of the inside skinny.
Is it too late to slap a “this machine kills fascists” sticker on the guitar?
Interesting.
Care to expand?
(Really.)
.
Great Minds think alike:)
Sounds logical. So disregard it. Republican traitors still have too much power.
My lady tells me moments ago, that we need to do three things after next November. Move President Obama into the White House, and get rid Harry Reid and Nancy Pelosi. Gawd, I love this woman.
Thanks again for the squash soup recipe. We’re having that as a starter until the pizza is ready. Yes, it’s a raw version (homemade onion cracker made in the dehydrator)
I agree. I am no lawyer, but that is why I question the wisdom of going through courts in any way. I think that if Congress wants to continue functioning as an equal branch, it must start reasserting its own autnomous powers.
This is essentially about very basic and deep interpretation of meaning of constitutional provisions, and how officials in different branches must function in order to uphold both letter and spirit of consitution.
At some point Congress will have to assert its own authority, especially given that it is very likely there are officials in both executive and judiciary who are now operating in bad faith constituionally (though they may be acting in very good faith from a narrow partisan political point of view).
So, impeachment is one of the tools of the legislative branch, and should be used now.
Some people here have shrunk from this concept, but Alexander Hamilton said that one of the functions of impeachment was as a sanction against political crimes against the constitution. I think that AH was right. If that scares people, I think it is only because it highlights that one side is playing for the ultimate stakes -permanent extra constitutional domination of the government of the US. Just sitting there doing nothing, or hoping that we can just wait it out, or that the next election will save us may feel like that safe policy. But in the meantime the other side is taking measures to corrupt elections, manipulate the popular opinion and information, and not least, is setting extremely dangerous precedents.
So the head in the sand approach feels safe, but it is really very risky and dangerous.
wobbly - NOW i understand what you wrote earlier today about making crackers and the dehydrator.
yum.
Mr. LS is gonna ask the Huckster if he knows Highway to Hell by ACDC…
The current situation is akin to a DA refusing to prosecute a case because he’s afraid it’ll make him unpopular and hurt his political career.
It’s simply not the right criterion to base a legal decision on.
So the head in the sand approach feels safe, but it is really very risky and dangerous.
That’s the thing. Allowing the current condition to remain enables a future president to declare “precedent”.
I, too, am no lawyer but it’s my understanding that a president can be impeached *after* leaving office. something to due with pension.
But I could be wrong.
.
And all the while I’ve been drinking Pomegranate juice, like a sucker … *g*
They need to remove him from office. Isn’t that obstruction of justice or does obstructing justice as far as Congress is concerned not matter?
I would love to know how to do this..especially onion crackers.
Once he’s gone, I think it’s going to be, “Thank God our long national nightmare is over - now let the healing begin!”
It’s 3:29 AM Saturday in Paris right now–54 F but wind is rattling my friend’s windows…got that kinda wind-rattling stuff in Minneapolis too…but outside was much colder. It’s actually more or less spring in Paris–at least for this weekend. Then Tuesday it’s back to the tundra in MN…
They’re not obstructing justice. They’re simply declining to enforce it.
Guthrie Rocks I have an idea of him doing the narration and sound track for a movie about the Spanish Civil war.
After all the first American General to lead Lefty Americans into battle was an African American and not Colin Powell so we get an Afircan American lock audience.
Hemmingway and Dorthy Parker as side characters Bush’s grand parents trading Nazi stocks while they sterlized undesirables even whites that should hurt the GOP in the South.
Plus nobody has done this film before now all we need is a good script.
And no I’m not that good a writer or well versed enough in the time period to pull it off.
Sides I am a blog commentor Baby not a hollywood person!
Mmmm … yummy … even my “Pizza & Beer” friends love that Butternut Squash Soup …
Well good folks… Lahoma has suggested I might want weigh the advantages and vote on going upstairs for a movie, hot chocolate and another pummeling by her at chess. And as usual we are going to be quite Democratic. We’re going upstairs.
Goodnight.
Lahoma and okk. ;0)
LOL i forget sometimes how strange that must appear to see someone writing about firing up the old dehydrator. sorry *g*
The crackers are a fantastic base to the pizza i do with hummus, green olives, tomatoes and zaa’tar. I also made choco cereal for mr
Impeach the Supremes for Bush vs Gore would be next!
The House and the Senate have held:
Bolten and Miers in Contempt House Judiciary since June
Bolten and Rove in Contempt Senate Judiciary
since December
It has been clear to both the House and Senate that Mukasey isn’t lifting a finger to do anything other than cover for his Unitary Exec.
They are both suffering from a chronic case of drag ass.
It has taken nearly a year for the House to bring the vote to the floor. The Senate has yet to bring the vote to the floor.
Both of them don’t need Mukasey to go forward.
Nothing is stopping them from exercising several other options they have had except their own bump on a log inertia.
Anderson v. Dunn 19 U.S. 204 (1821) upholds their contempt authority.
Either House or Senate can have the St.-at-Arms arrest them and then bring them to the floor of the chamber and vote on their prison term. That’s a criminal procedure. They have not.
They can file a civil action and hope the judge would hold them in contempt. Let’s go a step further here.
This would be appealed from District Court to the D.C. Circuit. In the D.C. Circuit of the 19 possible judges for panels, 16 are usually Bush rubber stamps and several have strong political ties to Republicans, and Brett Cavanaugh worked directly for Bush first as coordinator of Bush documents (a quintissential oxymoron) and then as Associate White House counsel.
So let me rephrase the civil contempt action Pelosi took. It’s symbolic but a complete dead end.
OT–
BBC–
Serb police officers arrested in Kosovo because they refuse to take orders from ethnic Albanian authorities….
Now it begins. But will go nowhere. The Serbs are simply bullheaded–and they lose!
I see what you’re saying.
Goddess, I’m so sick of these people…no conscious at all…just bend over for the Neocons.
Sake is a good raw food substitute for rum (not the same taste) but I have made some wonderful caipisakes (caipirinhas), mojitos and various other cocktails using sake as the liquor :)
“Thank God our long national nightmare is over - now let the healing begin!”
When Gerry Ford died a coupla years back all I could think was, “He SO fucked this nation.
To hell with “healing.”
.
My fav places in France are Provence, Nice and a small town named Monaco … *g*
I will post the recipe later for you :)
Oh my Lord … all that Pizza needs is a gentle drizzle of Greek Olive Oil …
Mukasey was put in place to protect the concept of unitary executive and will never take any action adverse to the Bush administration. He is Bush’s Sylvio Dante and you can think of him as a 50 foot firewall in front of them.
There will never be an SC (Special Counsel) from Mukasey and there will never be any significant investigation of this administration.
Siegelman’s attorneys request for an SC was laughable as are those from Congress.
Crap. I was afraid of that.
I wonder if the dead end is exactly the outcome she wants.
just bend over for the Neocons.
I don’t care for Larry Craig.
Whaaat?
.
Is that still possible ?
What about inherent contempt?
*tear in my eye* … I love you so much for telling me this … *g*