July 20, 2007

JUSTICE IS JUST PART OF THE EXECUTIVE:

Broader Privilege Claimed In Firings: White House Says Hill Can't Pursue Contempt Cases (Dan Eggen and Amy Goldstein, 7/20/07, Washington Post)

Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege.

The position presents serious legal and political obstacles for congressional Democrats, who have begun laying the groundwork for contempt proceedings against current and former White House officials in order to pry loose information about the dismissals.

Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action."

But administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.


You'd think they'd understand the Separation of Powers by now and realize that the courts have no say either.

Posted by Orrin Judd at July 20, 2007 7:42 AM
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