JOHN W. DEAN: Gonzales Displays Contempt for Congress, And Perhaps the Department of Justice As Well

[L. Coyote]

Recent Developments in the Scandal over the Attorney General's Performance:
Alberto Gonzales Displays Contempt for Congress, And Perhaps the Department of Justice As Well
By JOHN W. DEAN - Friday, May. 18, 2007
http://writ.news.findlaw.com/dean/20070518.html


Lately, a week seldom passes when we are not reminded of the conspicuous contempt that Attorney General Alberto Gonzales holds for Congress, and the damage he is doing to the Department of Justice.

This week, Gonzales was again shown to have lied to Congress; his ineptitude as Attorney General has resurfaced in litigation that is going to damage the government; and after ignoring a subpoena from the Senate, he made a belated but insufficient response following an angry letter from the Senate.

It's been clear for a while - and is becoming ever clearer - that the Attorney General ought to resign, or to be fired. Now, it seems that Congress is determined to force Gonzales from office or send him to jail, whichever they can do first.

This is plainly the right move - and anyone who does not understand why Congress is insisting on getting rid of Gonzales, does not appreciate the important and sensitive role the Department of Justice has in our government.

The Latest Developments

Here, in summary, is the behavior by Gonzales that came to light this week: ...................

[EnviroBat]

1. Hmmm, well given their stellar track record as of late.

I'm sure Gonzo will stay right where he is. It's obvious that this group of flaccid do-nothings are all talk and un-enforceable subpoenas. Our government is failing us, miserably.

[L. Coyote]

2. Disagree. They are proceeding with calculation and, unlike Gonzolies, with respect

for the separation of powers, the constitution, rule of law, and the customs of Executive/Congressional relations. And the subpoenas are definitely enforceable. You also read this, I assume, in the article we are discussing in this thread:

Congress could --taking a page from Gonzales's playbook -- send fifteen plainclothes Capitol Hill police officers to arrest the Attorney General and take him into custody. Either the House or Senate, alone, would have the power to hold him until the end of the 110th Congress. In truth, a majority of either chamber of Congress has more power than a president, the Department of Justice, and federal courts to take summary actions against those who refuse to honor its processes.

[Kagemusha]

5. Ultimately, Congress just goes to the courts, right?

I mean, if the DoJ takes this to the position of maximal stupidity and denies the legislative branch any executive branch outlet for seeing that justice be done... Congress may not be able to directly order cops to do anything about it, but a judge can.

I admit I'm reaching a little but I'm not sure any administration's been quite this stupid enough about resisting subpoenas before.

[L. Coyote]

7. Congress has its own officers, and can act without going to court.

[Kagemusha]

8. How do Congress' officers have jurisdiction outside of Capitol Hill?

No one's ever told me, so if there is a good answer to that, great.

[L. Coyote]

9. "more power than a president, the Department of Justice, and federal courts to take summary actions"

Citing Dean,

"...Capitol Hill police officers ... would have the power to hold him until the end of the 110th Congress. In truth, a majority of either chamber of Congress has more power than a president, the Department of Justice, and federal courts to take summary actions against those who refuse to honor its processes."

That power is not limited to one building, just to one country! Gonzales can hide in Dubai, with Halliburton.

[Kagemusha]

10. So what happens when the Secret Service says no?

I don't see what good comes of it either way but still, what happens when officers answerable to the executive branch say no?

[L. Coyote]

11. I would have to review statues, but I think Secret Service has no such jurisdiction

They are not a police force, they are a protective force.

It is a good question, and requires research or an attorney to answer with any confidence. Dean says Congress can jail Gonzo, and I accept he knows this from first-hand experience. He was dragged before the Watergate Comm., and he testified that Nixon covered up the Watergate burgulary.

That saga begins as the complicitous Attorney General resigns:

Watergate Chronology
http://www.washingtonpost.com/wp-srv/onpolitics/watergate/chronology.htm

April 30, 1973
Nixon's top White House staffers, H.R. Haldeman and John Ehrlichman, and Attorney General
Richard Kleindienst resign over the scandal. White House counsel John Dean is fired.
Post Story - http://www.washingtonpost.com/wp-dyn/content/article/2002/05/31/AR2005111001235.html

June 3, 1973
John Dean has told Watergate investigators that he discussed the Watergate cover-up with President
Nixon at least 35 times, The Post reports. Post Story - http://www.washingtonpost.com/wp-dyn/content/article/2002/05/31/AR2005112200792.html


July 13, 1973
Alexander Butterfield, former presidential appointments secretary, reveals in congressional testimony that since 1971
Nixon had recorded all conversations and telephone calls in his offices. Post Story - http://www.washingtonpost.com/wp-dyn/content/article/2002/06/03/AR2005112200794.html

These things take time, and we are on the same path again.

[Kagemusha]

12. Dean was physically seized by capitol police?... Surely not.

I agree that the law says capitol police can hold high officials. The question is if they can seize those officials to begin with.

And seriously, if the Secret Service is a problem, they could just use the FBI. Seriously. It doesn't change the core issue. Doing this without court sanction would be seen as an abuse of power because it's wholly unnecessary to cut the courts out and go this route. The United States does not have Mexican standoffs at the DoJ offices or at the White House.

[L. Coyote]

13. Meanwhile LBN Rove aid seeks immunity "has material, useful information about" Abramoff and e-mails

Rove aid seeks immunity "has material, useful information about" Abramoff and e-mails
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2855226

Drip, drip, drip,

Well, well, well, time for some yakkkity, yak, yak,
and the White House and KKKarl must be sweating this big time.

Abramoff can tell all about Abramoff, but not about the e-mails.

Her attorney's statement say, for all intents and purposes,
we won't admit guilt but we sure do have a story to tell.

[L. Coyote]

3. Yo Gonzo, Thou Shalt Not Lie: U.S. Code : Title 18 : Section 1001 = 5 YEARS

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=1001

United States Code
   o TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
       + PART I - CRIMES
           # CHAPTER 47 - FRAUD AND FALSE STATEMENTS 

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any
    matter within the jurisdiction of the executive, legislative, or
    judicial branch of the Government of the United States, knowingly
    and willfully - 
        (1) falsifies, conceals, or covers up by any trick, scheme, or
              device a material fact;
        (2) makes any materially false, fictitious, or fraudulent
              statement or representation; or
        (3) makes or uses any false writing or document knowing the
              same to contain any materially false, fictitious, 
              or fraudulent statement or entry;
    shall be fined under this title or imprisoned not more than 5
    years, or both.

(b) Subsection (a) does not apply to a party to a judicial
    proceeding, or that party's counsel, for statements,
    representations, writings or documents submitted by such party
    or counsel to a judge or magistrate in that proceeding.

(c) With respect to any matter within the jurisdiction of the
    legislative branch, subsection (a) shall apply only to - 
        (1) administrative matters, including a claim for payment, a
              matter related to the procurement of property or services,
              personnel or employment practices, or support services, or a
              document required by law, rule, or regulation to be submitted to
              the Congress or any office or officer within the legislative
              branch; or
        (2) any investigation or review, conducted pursuant to the
              authority of any committee, subcommittee, commission or office of
              the Congress, consistent with applicable rules of the House or Senate.

=====================
He's toast! The first thing the next AG can do is arrest Alberto Gonzales, or he can just arrest himself already.

[Kagemusha]

4. Re: the Jefferson raid, Dean correctly sees the courts as supporting the raid.

They really have no choice. Gonzales did violate longstanding tradition and did impose tremendous delays upon this investigation (because of Bush's sticking the evidence in lockdown until the courts settled the issue) but far more importantly, a judge also signed off on it; the raid was legal, however offensive to the sensibilities of the legislative branch it was. This does not make the raid smart or a good move. It's just that, to constitute executive branch intimidation of Congress, we must all take for granted that the judge was an unthinking rubber stamp with no legitimate role as a check on both the executive and Congress.

I realize a lot of DU'ers do indeed take that for granted, so since that issue is a quite considerable part of the article quoted above (if not from the parts directly quoted), I wanted to mention that here.

[L. Coyote]

6. I'm more focused on Gonzo's actions and motivations. A big show during election

season, May 2006, created headlines, as did the predictable ensuing conflicts. The "mishandling" may have postponed the demise of the Congressman, but it was probably intended to produce "fair and balanced" news on the public corruption front. A lot of news about ONE corrupt Dem may have been the intention in light of the MANY corrupt Rs in the news. In that regard, Gonzo's course of action were a huge success.

[L. Coyote]

14. late night kick

[L. Coyote]

15. kick for Goodling Day

[Tyler Durden]

16. Duh.

Another day, another Bushite atrocity. This be my sur-prized look.

[L. Coyote]

17. kick