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Congress Issues Subpoenas in Attorneys” Firing Scandal: Is a Constitutional Crisis Developing?

Posted on March 22, 2007
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By Kenneth J. Theisen, 3/22/07

In the latest developments
regarding the firing of U.S. Attorneys by the Bush regime, the White House has
started to circle the wagons.  Tuesday,
President Bush announced his refusal to allow his aides to testify under oath
before the House and Senate committees investigating the dismissals.  In an almost laughable offer of “compromise”,
he said they could be interviewed in private, not under oath, and that no
transcript could be made of the interview.  (He left out that they should be allowed to
cross their fingers behind their backs, if they lie.)  His offer was quickly spurned by the
committees.

Tuesday Bush pledged to
fight any subpoenas of his aides.  Then the
House Judiciary Subcommittee on Commercial and Administrative Law approved
subpoenas for Karl Rove and other presidential aides.  Those
that will be compelled to testify include not only Rove, but former White House
Counsel Harriet Miers, their various deputies, and Kyle Sampson, Attorney
General Gonzales’ former chief of staff who was forced to resign last week.  It is expected that the Senate will also issue
subpoenas soon.

Bush claims that he will not
allow Congressional testimony under oath by his aides because he fears it would
set a precedent on the separation of powers between the executive and
legislative branches that would harm the institution of the presidency (a
rather ridiculous assertion from a man who has arrogated unchecked powers to
the executive branch in blatant violation of the Constitution).  But what he also fears is that it would set
the stage for perjury prosecutions when the regime aides lie.  Since the beginning of this scandal, the
regime has repeatedly changed it story.

Tuesday in a statement at
the White House, Bush accused Democrats of conducting “a partisan fishing
expedition aimed at honorable public servants.  It will be regrettable if they choose to head
down the partisan road of issuing subpoenas and demanding show trials when I
have agreed to make key White House officials and documents available.”  Bush also expressed support for the Attorney
General in the face of demands that he resign.  Bush emphatically stated, “He’s got
support with me.  I support the attorney
general.”

The issuance of the
subpoenas and the regime’s claim that it will fight them will set up a
constitutional battle that may ultimately be decided by the Supreme Court.  While the Bush regime has clearly done all in
its power to strengthen the power of the presidency at the expense of the other
two branches of government since 2001, it is not clear what else is motivating
the regime in this particular instance.

Yes, Bush does not want to
see any of his aides go before Congress and have to testify under oath.  I am sure White House Counsel Fred Fielding is
well aware of the recent conviction of Cheney aide Scooter Libby for perjury
and that the possibility of perjury charges is one consideration.  But what else is the White House trying to
hide or protect?

In related developments, tuesday the Senate voted 94-2 to take away the power of the Attorney General to
fill U.S.
attorney vacancies without Senate confirmation.  The Bush regime has stated that it would not
oppose such legislation amending the PATRIOT Act which had given this power to
the Attorney General.

The House Judiciary
Committee has also released more than 3000 pages of heavily redacted (by the
White House) documents related to the firings. 
They are available at: judiciary.house.gov.

WorldCantWait.org will
continue to follow this unfolding story.

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