Pelosi On Her High Horse Again
Speaker Pelosi announced that they will file a lawsuit against Harriet Miers and Josh Bolten for not testifying in the Democrats’ witch hunt known as the firing of the US attorneys. Here’s a portion of what she said:
“The American people demand that we uphold the law,” Pelosi said. “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.”
The president’s personal staff isn’t subject to subpoena because they aren’t confirmed. That’s because they work for him. As such, there are no constitutional or checks and balances issues.
It’s worth noting that President Bush had the legal right, just like Bill Clinton had the right, to fire US attorneys anytime he wants to for any reason he wants to. In fact, Bill Clinton fired 93 US attorneys at the start of his administration.
The suit had a political purpose too. Democrats have urged that the filing occur swiftly so that a judge might rule before the November elections, when all 435 House seats and a third of the Senate are up for grabs. Criticism of Bush’s use of executive power is a key tenet of the Democrats’ platform, from the presidential race on down.
This isn’t smart politics on Pelosi’s behalf because this gives the Republicans the perfect vehicle to remind people that Pelosi’s Congress wasted time conducting witch hunts instead of getting things done like passing a budget or passing permanent FISA reform legislation or funding the Surge.
In his letter, received by the House early Friday evening, Mukasey pointed out that not only was Miers directed not to testify, she also was immune from congressional subpoenas and was right to not show up to the hearing to which she had been summoned.
“The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president’s claim of executive privilege,” Mukasey wrote, quoting Justice policy.
“Accordingly,” Mukasey concluded, “the department has determined that the noncompliance by Mr. Bolten and Ms. Miers with the Judiciary Committee subpoenas did not constitute a crime.”
Mukasey lays things out properly, stating the constitutional principles behind DOJ’s not opening a grand jury investigation into Bolten and Miers. Ms. Pelosi and Rep. Conyers can stomp their feet and hold their breath until they’re blue in the face but it won’t change a thing.
“Today’s decision to shelve the contempt process, in violation of a federal statute, shows that the White House will go to any lengths to keep its role in the U.S. attorney firings hidden,” said Conyers. “In the face of such extraordinary actions, we have no choice but to proceed with a lawsuit to enforce the committee’s subpoenas.”
If it’s a matter of believing John Conyers or Mike Mukasey on constitutional matters, then it’s a pretty simple who I’ll believe. I don’t trust John Conyers much because he’s a hyperpartisan hack.
Technorati Tags: Nancy Pelosi, John Conyers, Do Nothing Congress, Democrats, Mike Mukasey, Harriet Miers, Josh Bolten, Election 2008
Cross-posted at LetFreedomRingBlog
March 1st, 2008 at 5:41 pm
It might not be a smart move on Pelosi’s part, but ONLY if the Congressional Republicans get off their ass, stand up and fight her on this.
Which Im willing to bet they will not.
With rare exception (Mitch McConnell being one) They haven’t the guts for a fight, never have, and until they do, they can forget about retaking the House, in the upcoming Denocratic landslide.
It’s the people that will finally get their fill of this bunch. When, God only knows.