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Rove: Still Safe from Congress?

chicago dyke's picture

Clammyc says no. Some highlights:

However, that isn’t really why I am writing this – I am looking more at WHY they won’t testify as opposed to the underlying issues, documents, and possible crimes (I will say that the fired attorneys will most likely provide enough information regarding whether any "obstruction of justice" charges would be warranted with or without Rove and Miers).

It all obviously goes to the matter of Executive Privilege. And the question is – will Congress fight the Administration all the way to the Supreme Court (only to run out the clock and possibly lose in this case anyway), or will they focus on all other areas of this case and determine whether charges can be brought or if this will truly become yet another slimy but political matter. The upshot if it remaining political is that it will damage the republicans – the downside is that it pisses off the American public because Congress was spending too much time on this as opposed to getting us out of Iraq and promoting policies that are good for We the People.

Whether this technically should even fall under executive privilege is a question in and of itself – but will likely be resolved through negotiations or in court.


While Tony Snow and Bush have both said how it is pretty much unprecedented for Presidential advisors to testify before Congress, a Congressional Research Service report from 2004 lists those Presidential advisors who HAVE testified (surprise – there are over 30 Clinton advisors who have testified more than 40 times).

It is obvious that Bush, as stubborn as he has been, will try to push the boundaries as far as he can to begin with. That, in and of itself, is ample reason to think that he will do everything possible to stall or not have Rove and Miers testify. Additionally, a 1999 CRS Report discusses Executive Privilege and cites a case In re Sealed Case from the Clinton era. The interesting part here is that it appears that the court determined that Executive Privilege applies to direct decision making by the President, except in cases where there is government misconduct


The crux here is obviously twofold – (1) was there government misconduct? and (2) were there direct decisions made by the President here?

The answer to (1) seems like a "yes" but still remains to be seen as far as whether any misconduct rises to the level of a "slam dunk" in overcoming the assertion. The answer to (2) also seems to be "yes", as indicated by Josh Marshall

The issue here is why these US Attorneys were fired and the fact that the White House intended to replace them with US Attorneys not confirmed by the senate. We now have abundant evidence that they were fired for not sufficiently politicizing their offices, for not indicting enough Democrats on bogus charges or for too aggressively going after Republicans. (Remember, Carol Lam is still the big story here.) We also now know that the top leadership of the Justice Department lied both to the public and to Congress about why the firing took place. As an added bonus we know the whole plan was hatched at the White House with the direct involvement of the president.

Bush has and will continue to dig his heels in on Rove and Miers;

It appears that he doesn’t have much of a leg to stand on;
It doesn’t seem to matter much – as there appears to be ample evidence (with more to come) that would implicate those who may have committed crimes;

Gonzales still lied to Congress under oath – which is the biggest story here;

The Patriot Act provision that got this all kicked off to begin with was reversed – and even if it is vetoed, it will likely be overruled by Congress;

Obstruction of justice charges seem like the only "legal" recourse to be taken here (other than perjury); and
He will still try to take this all the way to the Supreme Court, which, even if he loses, will run out the clock on Rove and Miers testifying

But as much as I would like to see them testify under oath, I think there is enough smoke and fire that any crimes committed will come out anyway.

Sorry to rain on anyone’s parade who was hoping to see those 2 testify, but I just don’t see how it will ever happen. Or if it is really necessary anyway.

This makes sense to me. Readers?

No votes yet


Jakebnto's picture
Submitted by Jakebnto on

I and, I suspect, many other liberals couldn't care less about Rove and Miers, except to the extent they engaged in criminal activity. It's BUSH I want gone, and sooner rather than later. And frankly, NONE of the Democratic bills are going anywhere with Bush in the WH. The only things that will be accomplished are things the to which Republicans can agree, and if they agree, then it must be wrong for the country.

So let the Congress pursue subpeonas - maybe they will find the stones to impeach if Bush pisses them off enough.


...I am not the biggest fan of 'Spineless Dems'as my
Time's Up! post will show ya...


Henry Waxman and Conyers and the rest of the old dogs, not blue dog BushSuckers, have forgotten more about Congressional procedure and infighting than Mr. Clammyc ever knew in the first place.

These Dems are stoking the coal in the boiler of a big 4-8-8-4 steam engine that is chuggin' down the tracks at an ever increasing speed.

It's the Impeachment special comin' down the tracks.

If anybody thinks for split second that the grizzled old Dems in the House, having been shit on for long, long years of ReThug control, are gonna sit still for another ration of human waste being dumped on their heads by 'The Boy King'...


You don't understand human nature.

The Founding Fathers did. That's why Impeachment is in the Constitution. For just such occasions as this.

Let Bush force the Dems to the Supreme Court on this issue. Let him.

As soon as it becomes clear to the ReThugs in the House that they are all gonna be lookin' for new jobs as public rage demands they go to the wall for their crimes they are gonna be elbowing each other out of the way to get on board the train before it leaves the station. The American people have had enough of Bush and no matter what Tony SnowJob or The Toad Cheney say or think his time is up.

The Impeachment Train is comin'

Better climb on board. 'Fore it leaves the station.

Submitted by lambert on

... because I see impeachment taking off in the state legislatures.

Everything about the criminal Bush regime needs to be repudiated. We can't depend on the courts. We can't depend on legislation. The only remedies are in our own hands...

No authoritarians were tortured in the writing of this post.