By Kenneth J. Theisen, 7/25/07
Last week we reported that the Bush regime declared that
they would not let the Justice Department pursue any contempt citations if
Congress issued them against the Bush White House (See
Bush above the law, so Sayeth the Lord).
On Wednesday, July 25th, the House Judiciary Committee voted contempt of
Congress citations against White House Chief of Staff Josh Bolten for failure
to turn over documents in the attorney firings scandal and against President
Bush’s former legal counsel, Harriet Miers, for failure to testify. The contempt citations will now go before the
full House for consideration probably some time after the August recess.
White House media flak Tony Snow was quick to respond, “Now
we have a situation where there is an attempt to do something that’s never been
done in American history, which is to assail the concept of executive privilege
which hails back to the administration of George Washington and in particular
to use criminal contempt charges against the White House chief of staff and the
White House legal counsel.” Present
White House counsel Fred Fielding has claimed Bolten and Miers are immune from
congressional subpoenas. “How dare Congress challenge the king” appears to be
the view of the White House.
But the House Judiciary Committee has taken up the challenge
for now. Chairman Conyers stated, “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. We won’t be able to get anybody in
front of this committee or any other.”
Of course that is the intent of the Bush regime. If Congress forges ahead with enforcement a
potential Constitutional crisis could emerge.
Contempt of Congress is a federal crime with a possible punishment
of a $100,000 fine and a one-year prison sentence. If Congress supports the
contempt citations they would normally be sent to the U.S. attorney for the District of Columbia. The Bush regime has
made it clear that the Justice Department will not be allowed to prosecute
contempt citations. And the Department of Justice under Bush crony Alberto
Gonzales sent a letter to the Judiciary committee on July 24th stating that it
is the Justice Department’s legal position, “that the criminal contempt of
Congress statute does not apply to the president or presidential subordinates
who assert executive privilege.” This claim extends to former White House
staffers such as Miers as well.
Ironically the president has the authority to commute the sentence or
pardon anyone convicted or accused of Congressional contempt. As the recent Libby case has shown, Bush is
not above using his pardon power to cover up White House crimes.
World Can’t Wait will continue to follow this story as it
develops.