Bush lawyer directs Rove not to talk to Congress—once again

[sabra]

Source: Newsweek

A Long-Lived Privilege?

Bush lawyer directs Rove not to talk to Congress—once again


Just four days before he left office, President Bush instructed former White House aide Karl Rove to refuse to cooperate with future congressional inquiries into alleged misconduct during his administration.

On Jan. 16, 2009, then White House Counsel Fred Fielding sent a letter (.pdf) to Rove's lawyer, Robert Luskin. The message: should his client receive any future subpoenas, Rove "should not appear before Congress" or turn over any documents relating to his time in the White House. The letter told Rove that President Bush was continuing to assert executive privilege over any testimony by Rove—even after he leaves office.

A nearly identical letter (.pdf) was also sent by Fielding the day before to a lawyer for former White House counsel Harriet Miers, instructing her not to appear for a scheduled deposition with the House Judiciary Committee. That letter reasserted the White House position that Miers has "absolute immunity" from testifying before Congress about anything she did while she worked at the White House—a far-reaching claim that is being vigorously disputed by lawyers for the House of Representatives in court.

The letters set the stage for what is likely to be a highly contentious legal and political battle over an unresolved issue: whether a former president can assert "executive privilege"—and therefore prevent his aides from testifying before Congress—even after his term has expired.

"To my knowledge, these (letters) are unprecedented," said Peter Shane, an Ohio State University law professor who specializes in executive-privilege issues. "I'm aware of no sitting president that has tried to give an insurance policy to a former employee in regard to post-administration testimony." Shane likened the letter to Rove as an attempt to give his former aide a 'get-out-of-contempt-free card'."



Read more: http://www.newsweek.com/id/182240

[rurallib]

1. One thing that gives me hope in this dire economy is that I may see KKKarl

marched into jail soon and then sit there and rot. I hope he commits contempt. Few people deserve to be in the slammer like he does.

[annabanana]

2. I can't help but think that Fielding, being STILL wrong, would continue

to be wrong now that his boss has - left the building - so to speak.

[Kittycat]

3. Bush's moment of failure... Confused Privilege with Immunity

[HopeHoops]

4. I must have missed the "Bush's Lawyer Branch of Government" provision in the Constitution.

[bemildred]

5. Or what?

Mr Rove is a private citizen now, and so is Mr Bush.

[O.M.B.inOhio]

6. I'm not seeing any legal argument in the please-don't-testify letter.

[ACTION BASTARD]

7. They are going to have to take them in custody to make them testify

Bottom line. That's it. They play for keeps and Dems play grab-ass. This will go no where. Just you all watch.

[LovableScamp]

8. I agree but I hope

The dems have to just say.. ENOUGH OF THIS BULLSHIT... cuff em... book'em and put their mug shots out on the smoking gun... that I'd LOVE to see.

[MannyGoldstein]

10. It Will Play Out In The Courts

The Dems will keep a very hands-off approach as it plays out - but it will play out.

[Abq_Sarah]

14. It will probably end up in the Supreme Court

President Truman was the first former President to assert Executive privilege after he left office. After Eisenhower was elected, the HUAC tried to subpoena Truman to testify and he refused by claiming executive privilege. The committee backed down and precedent was set. Nixon and Reagan both asserted EP after leaving office as well. Bush also used it to keep Congress from subpoenaing President Clinton after he left office. So far, the lower courts have all supported that position.

[MannyGoldstein]

16. Thanks For The Info

I wasn't aware of the precedents. Hopefully the precedent won't affect the law.

[windbreeze]

11. and then they will stand on the fifth...they have no respect for the Constitution,

until they need it to protect their own asses....time for someone to arrest this ass, and throw him in the brig...he don't want to testify in front of Congress...fine...he's in contempt...just like what would happen to ANY OF THE REST OF US....Do WE need to get some sort of action going to tell the CONGRESS, (who supposedly works for us), what WE THE PEOPLE, want???....(just in case there's some sort of doubt)wb..

[liberal N proud]

9. When can the issue an arrest warrant?

He is a flight risk and should not be allowed to move about freely.

[Javaman]

12. When he fails to show on the 2nd. nt

little beads of sweat are beginning to form on rovers brow.

[Solly Mack]

13. the shit never ends

[Piewhacket]

15. What? Prospective orders???

I don't think this instruction survives leaving office.

Now if he wants to exert some privilege NOW, let Bush
(or his lawyer) come before congress and claim it in order
to stop the otherwise compliant Rove from testifying.

For I think while in office might be one thing, but out of office
is completely another. Rove's claim (on TV) that they are the same,
if relied on, could get him jail time.

For if I were in congress I would not hesitate, if Rove doesnt
not show up, and Bush doesn't PERSONALLY make a claim of
present privilege (to be tested by the courts), to vote a
warrant of arrest for Rove. Not even a slightly close call.

[bemildred]

17. "Executive privilege" is a privilege. It is not a right.

It is not mentioned in the Constitution. It is precisely no more and no less than the Congress agrees to allow it to be.

[No Elephants]

18. Than the SCOTUS allows it to be.