Tuesday, August 21, 2007

The Administration of Contempt

Senator Leahy is obviously talking about the legal definition of "contempt," which, for legal dummies like us, is simply the refusal to cooperate with and/or follow a lawful request or order, in this case by Congress.

But contempt is a way of life for the Bushites. They hold all of us in contempt and have since, at least, the stolen election of 2000, if not their lost election of 1992.

In my 58 years on this planet, I have never seen an administration with so much contempt for ordinary Americans. Admittedly, the Reagan administration showed its contempt mainly for the poor, which was bad enough. The current administration has shown a pathological contempt for Americans of all stripes, our Constitution and the real values of the majority of the people.

Now, that all-pervasive contempt has become a legal issue, with the administration defying Congress and in so doing, threatening the very foundations of our Democratic Republic, our freedom and our way of life. This issue will now go to the courts

It is only the judiciary that stands , legally, between us and tyranny and the judiciary has been being stacked with great success for over 6 years with far-right, corporatist, unitary executive theorist, loony judges and justices. Who knows what they will do in the face of being asked to hold the Bushites in contempt.

If they will not, the American people must.

Go to Original (video)

Leahy: Cheney Told GOP-Led Congress It Was "Not Allowed to Issue Subpoenas"
ThinkProgress.org

Monday 20 August 2007

Today in a press briefing, Sen. Patrick Leahy (D-VT) revealed that the White House had missed its 2:30 PM deadline to turn over documents to the Senate Judiciary Committee regarding legal justifications for the National Security Agency's eavesdropping program. The Committee had already pushed back the original July 18 deadline twice after the White House requested more time.

Leahy said that the administration's stonewalling amounted to "contempt of the valid order of the Congress," and pointed out that these subpoenas were passed by broad bipartisan votes. In fact, the Senate Judiciary Committee in the conservative-led 109th Congress, chaired by Sen. Arlen Specter (R-PA) also attempted to ask questions about the program's legal justifications. But Vice President Cheney personally barred him from issuing subpoenas:

In fact, we were about to issue subpoenas then and one of the senators came to our meeting and said that the vice president had met with the Republican senators and told them they were not allowed to issue subpoenas.

Not quite sure that's my understanding of the separation of powers, but it seemed to work at that time.

Leahy also said that while he didn't receive the requested documents, he did receive "a letter this morning from the Office of the Vice President identifying some documents that would be responsive to the committee's subpoena." In the letter, the administration claims the Office of the Vice President is not part of the Executive Office of the President.

Leahy responds, "Well, that's wrong.... [O]h, incidentally, at least this morning, as I left Vermont, I checked the White House Web site. And even their own Web site, this morning, at least, says that the Executive Office - that the vice president is part of the Executive Office of the President."


Transcript:

Leahy: The administration's failure to comply with the Judiciary Committee's subpoena for its legal analysis gives me as chairman very, very little comfort.

I received a letter this morning from the Office of the Vice President identifying some documents that would be responsive to the committee's subpoena.

Now, the acknowledgement of these documents is a good first step. I don't know why it's taken so long, but it's a good first step. And it should be followed by the administration turning them over which, of course, is what we requested in the subpoena.

I've worked in good faith with this administration. I first sought this information voluntarily. I accommodated a request for time.

But when the request for more time was simply followed by delay upon delay, we issued subpoenas in a bipartisan vote. And even then, when the subpoenas weren't followed through, we gave them more time.

The time is up. The time is up. We've waited long enough.

Incidentally, in the administration's response today, they claimed the Office of the Vice President is not part of the Executive Office of the President. So it's some kind of fourth branch of government.

Well, that's wrong. Both the United States Code says it is part of the president - oh, incidentally, at least this morning, as I left Vermont, I checked the White House Web site. And even their own Web site, this morning, at least, says that the Executive Office - that the vice president is part of the Executive Office of the President.


Question: What is your next step to ensure this? What's your next step?

Leahy: Well, I had hoped that by now they would have answered. They haven't. When the Senate comes back in the session, I'll bring it up before the committee. I prefer cooperation to contempt. Right now, there's no question that they are in contempt of the valid order of the Congress.

Question: Is your impression they're dragging their feet?

Leahy: Well, you know, a lot of these questions were asked by the former chairman a couple years ago, and we haven't gotten an answer.

In fact, we were about to issue subpoenas then and one of the senators came to our meeting and said that the vice president had met with the Republican senators and told them they were not allowed to issue subpoenas.

Not quite sure that's my understanding of the separation of powers, but it seemed to work at that time. Now have an issue. And interestingly enough, I pointed out that every single one of these subpoenas, they have been issued by a bipartisan vote. There have been no close votes on them.

So I would hope they'd do it. And, if not, the full Judiciary Committee will have to sit down and determine whether to seek contempt from the full Senate.


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The Nazis, Fascists and Communists were political parties before they became enemies of liberty and mass murderers.

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