Comments on: Congress Subpoenas Rove And Sets Up A Constitutional Showdown http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/ Life. Liberty. Property. Defending individual freedom and liberty, one post at a time. Wed, 08 Feb 2012 17:04:34 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Doug Mataconis http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20241 Doug Mataconis Wed, 21 Mar 2007 20:59:41 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20241 Constantino, Anyone who visits here regularly can tell you that I'm no fan of the Bush Administration so for me to take their side on this one is, well, not entirely comfortable. Maybe mistakes were made, but if what was done was legal, then why does Congress need to investigate it ? This is a part of D.C. politics that I am frankly sick of, Congressional investigations, Senators grandstanding in front of the camera. It's all nonsense, no matter which party does it. Constantino,

Anyone who visits here regularly can tell you that I’m no fan of the Bush Administration so for me to take their side on this one is, well, not entirely comfortable.

Maybe mistakes were made, but if what was done was legal, then why does Congress need to investigate it ?

This is a part of D.C. politics that I am frankly sick of, Congressional investigations, Senators grandstanding in front of the camera. It’s all nonsense, no matter which party does it.

]]> By: Constantino http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20238 Constantino Wed, 21 Mar 2007 20:57:19 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20238 Maybe there are no legal issues with the firings but the Attorney General said that were mistakes made. The President first stated when he was out of the country that mistakes were made. Were the mistakes concerning how the firings were done or how they were handled? There has been too much confusion and "chatter". The President owes the American people an answer. I strongly believe the President serves at our pleasure and should act like it. Maybe there are no legal issues with the firings but the Attorney General said that were mistakes made. The President first stated when he was out of the country that mistakes were made. Were the mistakes concerning how the firings were done or how they were handled? There has been too much confusion and “chatter”. The President owes the American people an answer. I strongly believe the President serves at our pleasure and should act like it.

]]> By: Doug Mataconis http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20212 Doug Mataconis Wed, 21 Mar 2007 19:49:39 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20212 Peter, Whatever Congress's intent may have been, the letter of the law gives the President the authority to fire at will. It's my understanding that Diane Feinstein has already proposed legislation that would amend this particular provision of the PATRIOT Act. That, I think, is the appropriate response to this situation, not a needless spring of Congressional hearings. Peter,

Whatever Congress’s intent may have been, the letter of the law gives the President the authority to fire at will.

It’s my understanding that Diane Feinstein has already proposed legislation that would amend this particular provision of the PATRIOT Act.

That, I think, is the appropriate response to this situation, not a needless spring of Congressional hearings.

]]> By: Peter http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20211 Peter Wed, 21 Mar 2007 19:47:41 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20211 OTOH, the law you refer to was intended for the emergency situation of a terrorist attack that prevented a fully effective, legally warranted response from the government. The use to which it is being put today is parallel to the line item veto--in other words, it should work to enhance executive power at the expense of Congress's. Avoiding the consent right of the Senate is at the heart of controversy here, more often than not. OTOH, the law you refer to was intended for the emergency situation of a terrorist attack that prevented a fully effective, legally warranted response from the government. The use to which it is being put today is parallel to the line item veto–in other words, it should work to enhance executive power at the expense of Congress’s. Avoiding the consent right of the Senate is at the heart of controversy here, more often than not.

]]> By: Doug Mataconis http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20199 Doug Mataconis Wed, 21 Mar 2007 18:43:57 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20199 Paul, Originally, my instincts led to the same conclusion. I even posted something here last week explaining why I thought the firings were an important issue. But..... The fact of the matter remains that, under the law, all United States Attorney's serve at the pleasure of the President. He can dismiss them at any time, for any reason. In these cases, it's beginning to look like most of the prosecutors were dismissed for reasons related to cases that they were not pursuing that the Administration or Members of Congress thought were important. There's no evidence of a cover-up of some wider crime. If that's all their is, then it doesn't seem like anything illegal was done. Congress may not like it, but they passed the law that gave the President this power. Paul,

Originally, my instincts led to the same conclusion. I even posted something here last week explaining why I thought the firings were an important issue.

But…..

The fact of the matter remains that, under the law, all United States Attorney’s serve at the pleasure of the President. He can dismiss them at any time, for any reason. In these cases, it’s beginning to look like most of the prosecutors were dismissed for reasons related to cases that they were not pursuing that the Administration or Members of Congress thought were important. There’s no evidence of a cover-up of some wider crime.

If that’s all their is, then it doesn’t seem like anything illegal was done.

Congress may not like it, but they passed the law that gave the President this power.

]]> By: Paul Horgan http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20196 Paul Horgan Wed, 21 Mar 2007 18:38:48 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20196 Liberty- I'm puzzled why you find this situation confusing. Is it not clear that our democracy would be gravely threatened if the Justice Department's prosecutions were guided by whether they would enhance the political stature of Mr. Bush et al? Paul Horgan Liberty-

I’m puzzled why you find this situation confusing. Is it not clear that our democracy would be gravely threatened if the Justice Department’s prosecutions were guided by whether they would enhance the political stature of Mr. Bush et al?

Paul Horgan

]]> By: Robbie http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20195 Robbie Wed, 21 Mar 2007 18:37:28 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20195 Personally I wish all the political witch hunts on both sides would stop. Just another fine reason to be a Libertarian. Personally I wish all the political witch hunts on both sides would stop.

Just another fine reason to be a Libertarian.

]]> By: Michael http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20194 Michael Wed, 21 Mar 2007 18:36:21 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20194 While the courts have held that some executive privilege exists, it is also fair to say that has not hesitated to make clear that the use of such power is not intended to shield criminal activity from disclosure. There already exists more then minimal evidence that at least some of the terminations were the result the executive branch exerting undue influence where criminal investigations were concerned within the justice department and that those were motivated by political motivations. To the extent that testimony could impact on national security alone, I am sure the President is within his rights to exert such privilege. No doubt this will be his argument. In reality, It may take a lot to persuade the courts of this based on what is already known. While the courts have held that some executive privilege exists, it is also fair to
say that has not hesitated to make clear that the use of such power is not intended to shield criminal activity from disclosure.

There already exists more then minimal evidence that at least some of the terminations were the result the executive branch exerting undue influence where criminal investigations were concerned within the justice department and that those were motivated by political motivations.

To the extent that testimony could impact on national security alone, I am sure the President is within his rights to exert such privilege. No doubt this will be his argument. In reality, It may take a lot to persuade the courts of this based on what is already known.

]]> By: Mike King http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20191 Mike King Wed, 21 Mar 2007 18:24:59 +0000 http://www.thelibertypapers.org/2007/03/21/congress-subpoenas-rove-and-sets-up-a-constitutional-showdown/#comment-20191 Like so many things "constitutional", the imperial powers demanded by Bush are "implied". I know of no specific provisions in the Constitution, Bill of Rightrs or other foundation documents that affords the Executive the power to lie or avoid truthful disclosure regarding its actions or intentions. In the case of national security, the disclosures can be sequestered. So yes - lets take this to Court. Like so many things “constitutional”, the imperial powers demanded by Bush are “implied”. I know of no specific provisions in the Constitution, Bill of Rightrs or other foundation documents that affords the Executive the power to lie or avoid truthful disclosure regarding its actions or intentions. In the case of national security, the disclosures can be sequestered.

So yes – lets take this to Court.

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