Conyers Outfoxes Bushie in Contempt Showdown

[kpete]

The US Attorney probe is now officially a "criminal proceeding"

The executive privilege may not prevail when Congress is probing wrongdoing by the executive branch


Conyers Outfoxes Bushie in Contempt Showdown
by Patriot Daily News Clearinghouse
Wed Jul 25, 2007

Rep. John Conyers is methodically setting up the legal elements for Congress to pursue statutory and/or inherent contempt proceedings against executive branch officials in a manner that essentially wipes out any claim to executive privilege to shield the truth. A few weeks ago, I wrote a diary http://www.dailykos.com/story/2007/7/9/20378/62042 on Impeachment by Frog-Marching Congressional Oversight, which suggested that Congress had a better chance -- according to US Supreme Court precedent -- to obtain evidence and testimony from the Bush gang if it conducted a "criminal proceeding" to investigate potential criminal or unlawful conduct by executive branch officials. The beauty of the "criminal proceeding" is that Bush is not likely to prevail on executive privilege claims. Well, it looks like the US Attorney probe has now been officially transformed into a "criminal proceeding" to determine whether Bush officials have violated specific laws.

The Supreme Court has affirmed Congressional power to investigate possible criminal or unlawful conduct of executive branch officials in McGrain v. Daugherty. In fact, Congressional investigative powers are at its peak when probing whether executive branch officials have committed criminal conduct. This probe is a type of "criminal proceeding" because Congress is investigating "suspected illegal conduct" or "alleged abuses of authority" (pdf file) at hearings in which people testify under oath or face potential contempt, including the possibility of jail time. The investigation is valid as long as Congress is considering potential legislation to address or remedy the alleged misconduct of executive branch officials.

There are two key components of this type of oversight powers: (1) Congress investigates alleged criminal or unlawful conduct by executive branch officials for the (2) purpose of potential legislation to address the alleged misconduct.

Yesterday, in preparation for today's hearing on contempt citations against Bush's chief of staff and former counsel, the House Democrats published a report (pdf file)http://media.washingtonpost.com/wp-srv/politics/documents/contempt_memo_072407.pdf which sets out both of these key elements. It is a 52 page memorandum by Conyers or the Conyers' Report.

much more at:
http://www.dailykos.com/storyonly/2007/7/26/01945/0694

[AndyA]

1. I've always hoped there was more to the story than what we know.

I hope the Dems have a couple of surprises in store for Bushco, and they just can't reveal all of them at this time.

Then again, it could all be a Dog and Pony Show for the American people... :shrug:

[ChairmanAgnostic]

3. just watch Pelosi & Hoyer squash and quash it as not productive.

the boagiemen that they are, that would be about par for the coarse. smile for the birdie? let the eagle soar?

Face it, we are in the rough, with traps all around us, with deep water just ahead.

OK, go ahead and tee off on this post.

[Joe Chi Minh]

8. The thought of inherent contempt proceedings go up your snitch, did it?

Never mind. Wipe your eyes and blow your nose. All 'good' things come to an end.

[LiberalFighter]

9. I tried looking for the rules that the House use but couldn't find them

All I could find was a 17 page document that they put together this year.

There must be a rule that allows a member or members of the House to demand the Speaker to act on a proposal.

[Qutzupalotl]

24. Just what are you driving at?

You think they have an exclusive club or something?

Back 9. :shrug:

[annabanana]

2. This is yet ANOTHER reason why I am slow to condemn what

I may not fully understand.

K and SO r

[LiberalFighter]

4. What will be the effect on the 2008 election the longer the investigation plays out?

Hmm Should make it more difficult for Republicans up for re-election to hold onto their seats. Another factor that should help Republicans lose their seats is bushwad's very low favorability rating.

It may even cause Republicans to get out of Congress knowing that Democrats will gain more seats and cement their control.

[ChairmanAgnostic]

6. all we have to do to shut up the GOP is to ask them,

How would you like Hillary to claim the same executive powers that shrub has?

[L0oniX]

36. BWAHAHAHAHAHAH

:rofl:

[shraby]

5. Thanks, I got up early to post a link to that,

but I see you beat me to it. Those people are so screwn. Conyers has them where the hair grows short.

[OzarkDem]

7. IMHO Dems in DC are deeply divided on this

Conyers is the only one developing any kind of strategy to deal with Bush's illegal activities. Even if he succeeds in making his case through these hearings and contempt citations, he faces a difficult uphill battle to convince Pelosi, Reid, et al to do anything more.

They don't want impeachment even if they have an ironclad case against Bush. It doesn't make sense, really, because they can't accomplish anything legislatively with him in office. No bill or budget will be enacted unless Bush agrees to it and the GOP in Congress will still stick with him.

[mmonk]

11. Yes. While an appropriate strategy, it still has to go through

a legislative process complete with filibusters, large votes in the affirmative from the Senate and so on. It's not a sure and guaranteed path.

[mmonk]

12. Which makes me snicker when I hear that an impeachment

path would take too long and keep them from doing meaningful legislation.

[L0oniX]

37. Yes ...impeachment maybe the only thing the dems can do

[C_U_L8R]

10. Chess versus Checkers

I have a feeling our folks are strategizing several moves ahead. Hooray !

[colbertforpresident]

13. Impeachment is

meaningful legislation.

[Lone_Star_Dem]

16. I keep thinking this is falling into place like a well played game of chess

Your "chess vs. checkers" appears to be correct.

[TheBaldyMan]

14. Bush & Cheney should do the decent thing - resign

and save the country the ordeal of both of them being unmasked for the corrupt, greedy, incompetent hacks they undoubtedly are.

Maybe then history will be kinder to Bush and note that at the bitter end he put his country first instead of his own interest.

edited for spelling, k&r

[stubtoe]

15. K&R for "I sure hope this is as good as it looks"

.

[paparush]

17. Did I miss something - Bush owns the AG. Bush owns the Supreme Court

Deck = Stacked

[whistle]

18. Way to go John Conyers

:applause: :woohoo: :popcorn:

[Swamp Rat]

19. k&r

[dipsydoodle]

20. The original post

You read it here first.

[Cameron27]

21. K&R

Yea Conyers!

[bigtree]

22. yep

:kick:

[dipsydoodle]

23. As this piles up

it will really start to grate on Littel Boots and it will probably show. Watch his face the next time he appears in public.

[PoconoPragmatist]

25. In The Famous Words Of Homer Simpson...

:woohoo:

[JohnnyRingo]

26. Very enlightening post....Thanx

It's been awhile since I've so enjoyed a news article.
Maybe the tide has indeed... turned.

[waldo_evans]

27. big fucking deal.

Why isn't Conyers investigating Bush and Cheney?

Why isn't Conyers investigating REAL Bush crimes, like the reason he invaded Iraq? Or why he outed Valerie Plame? Or why he spied on Americans illegally?

Horseshit.

[ProSense]

28. Did you see this post:

War Crimes and the White House

I know, I know, BFD!

[dipsydoodle]

35. Thanks for that

:toast:

[LittleClarkie]

30. Al Capone was taken down by an accountant

for not paying his taxes.

It could be said that there were more important things they should have been able nail Capone with, but it still worked to put the man in jail.

Whatever works, baby. Death by a thousand cuts.

[waldo_evans]

32. I'll believe it when I see it

[bigtree]

31. Waxman is going around Condi, squeezing her subordinates before he deals with her obstruction

he'll seek criminal contempt charges just like the other committees have


Tuesday, June 12, 2007
Hearing on White House Use of Iraq War Intelligence Postponed

In letters to Secretary of State Condoleezza Rice and former CIA Director George Tenet, Chairman Waxman explains that the previously scheduled hearing on the White House’s use of pre-war intelligence regarding Iraq’s nuclear program has been postponed while the Committee continues to interview senior government officials and review documents being provided by the CIA and State Department.

http://oversight.house.gov/story.asp?ID=1356


June 12,2007

Dear Madam Secretary:
I am writing to notify you that the Oversight Committee has postponed the hearing for which your testimony was subpoenaed, formerly scheduled for June 19,2007, in order to allow additional time for the Committee to conduct interviews and review documents relating to the White House's use of the pre-war intelligence surrounding the claim that Iraq sought uranium from Africa and other aspects of its alleged nuclear capability.

The Committee has been conducting interviews and depositions of senior government officials with knowledge of prewar intelligence about Iraq's nuclear program, including George Tenet, former Director of Central Intelligence; John Mclaughlin, former Deputy Director of Central Intelligence; Col. Lawrence Wilkerson, former Chief of Staff to Secretary of State Colin Powell; and Carl Ford, former Assistant Secretary of State for Intelligence and Research. The Committee plans to conduct additional interviews over the coming weeks. In addition, the CIA and State Department have begun to provide important documents to the Committee.

I hope you will not be inconvenienced by this postponement. The interviews,
depositions, and documents are illuminating the Committee's inquiry and will provide the predicate for a more thorough hearing with you.


Sincerely,
Henry A.'Waxman
Chairman
http://oversight.house.gov/documents/20070612180619.pdf

[BlooInBloo]

29. He's obviously a traitor to everything a *true* Democrat wants.

[Disturbed]

33. "Bush owns the Supreme Court."

You should do some research on the SC decisions of the past 6 years. They have not gone Busholini's way by a long shot. Busholini is not a Conservative btw, he is a Neo Fascist. Most on the SC are not Neo Fascists. They are Conservatives and actually try to uphold the US Constitution.

[BlooInBloo]

34. Holy misdirected reply, Batman!