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This is deadly serious. Its the Washington Post so we need other sources. But if the President really take the position that Justice Department "will never be allowed to pursue contempt charges initiated by Congress against White House officials" its going to be hard to take any position except the President is actively engaged in obstruction of justice. This could lead to lengthy, divisive and distracting impeachment proceedings.

Even though conviction seems impossible it will not be good for the country.

Hopefully the Press has this wrong of the President will back off. The President can fire all the attorneys he wants - that's (unfortunately a political position. Tell the Justice Department they cannot pursue charges against the White House would be viewed as political interference in an investigation of which he is a target - that sounds a whole lot like obstruction of justice.

Hopefully the story is wrong.

1 posted on 07/20/2007 8:52:43 AM PDT by gondramB
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To: gondramB

I guess they don’t understand ‘at the pleasure of the President’.


2 posted on 07/20/2007 8:59:45 AM PDT by wastedyears (Freedom is the right of all sentient beings - Peter Cullen as Optimus Prime)
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To: gondramB

It’ll be interesting to hear Mark Levin’s opinion on this tonight...


3 posted on 07/20/2007 9:00:16 AM PDT by COBOL2Java (The Democrat Party: radical Islam's last hope)
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To: gondramB
Looks like a convoluted “double entendre” - wherein the justice department cannot pursue charges proffered by congressional democrats based on a fictitious belief that the president does not, and cannot assert “executive privilege” or terminate anyone that serves only “at the pleasure of the president”.
4 posted on 07/20/2007 9:00:19 AM PDT by xcamel ("It's Talk Thompson Time!" >> irc://irc.freenode.net/fredthompson)
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To: gondramB

Yep, if the Justice Department can’t do it, then all that’s left is an endless stream of “Special Prosecutors” - and that is certainly a failed experiment.


5 posted on 07/20/2007 9:01:30 AM PDT by glorgau
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To: gondramB

Let them bring on Impeachment. If the American people punished the Republicans for bringing on Impeachment of Clinton during a time of false, then let’s see how the America people react toward Congress if they go for impeachment during a time of dire war.


6 posted on 07/20/2007 9:04:30 AM PDT by pacelvi
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To: gondramB
From the article:

It concluded: The President, through a United States Attorney, need not, indeed may not, prosecute criminally a subordinate for asserting on his behalf a claim of executive privilege. Nor could the Legislative Branch or the courts require or implement the prosecution of such an individual.
Ted Olson

You are being hysterical. The President has claimed executive privilege in this case. If the congress disagrees that executive privilege applies then they can take that to the courts. What would the point of a privilege be if the congress could still compel testimony or documents claimed under the privilege?

8 posted on 07/20/2007 9:11:46 AM PDT by free me (Enforce the borders, then we'll talk...)
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To: gondramB
There is nothing in the constitution that gives congress oversight of the executive branch.

This is a fishing expedition by congress. Its politically motivated and nothing illegal has been done. So, its not obstruction of justice.

If they had evidence that an illegal act occurred then I might be inclined to see your point of view.

9 posted on 07/20/2007 9:12:48 AM PDT by PureTrouble
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To: gondramB
Wow..

Just damn.

12 posted on 07/20/2007 9:18:36 AM PDT by jude24 (Quis custodiet ipsos custodes?)
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To: gondramB
The Congress is wrong. The Executive had the authority to hire and fire these attys. at will. This dimwitted, politically motivated Congress is wasting its time and our money. They need to be caged. Of course, the Ex. Branch invited this by not nipping it in the bud and by hanging Gonzales in the wind in the first place.

Congress has absolutely no authority to go on a hunting expedition amongst the Ex. Branch papers with NO hint of wrong doing.

vaudine

14 posted on 07/20/2007 9:28:40 AM PDT by vaudine (RO)
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To: gondramB
...its going to be hard to take any position except the President is actively engaged in obstruction of justice...

B*llSh!t gondram! The President must protect the U.S. Constitution and the Executive Office. The U.S. Congress can not compel the Office of the President which includes the advisers! It is the Democrat Congress that is usurping power it does not legitimately hold.

16 posted on 07/20/2007 9:51:08 AM PDT by ricks_place
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To: gondramB
"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."


17 posted on 07/20/2007 9:54:10 AM PDT by traditional1
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To: gondramB

This story is pure spin.

Congress is trying to weaking the presidential power to just a “policeman at the pleasure of congress”.

They want to push a parlamentary system of governance where the house speaker, SELECTED by politicians rather than LEGAL VOTERS, is the head of the USA.


19 posted on 07/20/2007 10:01:05 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: gondramB

Actually, Congress does need to restore its authority to hold individuals who refuse to testify before it in contempt. Too many people in the last 20 or 30 years have just sneered at Congress, openly lied and refused to testify or just not shown up to testify.

And by this, I mean they need to perform “inherent contempt” hearings, not foist off their duty to the Justice Department in the first place.

In turn, this would force Congress to restore some sense to the hearings process. They hold far too many nonsense and harassment hearings and have for far too long.

“In 1821, the Supreme Court issued its decision in Anderson v. Dunn, 19 U.S. (6 Wheat.) 204 (1821) which held that Congress’ power to hold someone in contempt was essential to ensure that Congress was “not exposed to every indignity and interruption that rudeness, caprice, or even conspiracy, may mediate against it.”

The historical interpretation that bribery of a Senator or Representative was considered contempt of Congress has long since been abandoned in favor of criminal statutes. In 1857, Congress enacted a law which made “contempt of Congress” a criminal offense against the United States.

Under this process, the procedure for holding a person in (inherent) contempt involves only the chamber concerned. Following a contempt citation, the person cited for contempt is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subject to punishment that the House may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.)

Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857.

While Congress retains its “inherent contempt” authority and may exercise it at any time, this inherent contempt process was last used by the Senate in 1934, against a U.S. Postmaster. After a one-week trial on the Senate floor (presided by the Vice-President of the United States, acting as Senate President), a former Postmaster, William P. MacCracken, was found guilty and sentenced to 10 days imprisonment.

The Postmaster had filed a petition of Habeas Corpus in federal courts to overturn his arrest, but after litigation, the US Supreme Court ruled that Congress had acted constitutionally, and denied the petition in the case Jurney v. MacCracken, 294 U.S. 125 (1935).


21 posted on 07/20/2007 11:26:20 AM PDT by Popocatapetl
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To: gondramB

The US Constitution has a procedure for pursuing charges against the President — it’s called impeachment. Anything else is just the blowhards in a Demagogue Congress harassing the WH with bogus allegations. They can go F*** each other.


22 posted on 07/20/2007 11:43:35 AM PDT by Enchante (Reid and Pelosi Defeatocrats: Surrender Now - Peace for Our Time!!)
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To: gondramB
All it says is that an official acting on the President's claim of executive privilege can't be punished for it. Nothing wrong with it. After all, the President could just as easily have pardoned them instead. Congress will have to try some other way to get the information. Maybe it could resurrect that 19th century practice of having its own trials and jails. I didn't even know about that.
24 posted on 07/20/2007 1:08:13 PM PDT by edsheppa
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To: gondramB

What is serious is that knuckleheads like Connyers and others of his type think they are president.


25 posted on 07/20/2007 1:12:11 PM PDT by hgro (Jerry Riversd)
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To: gondramB

no, it’s not wrong. It perfectly describes Bush’s attitude—just look at the immigration bill.

I don’t understand how so many supposed conservatives here can support this.


29 posted on 07/20/2007 2:48:29 PM PDT by TINS
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To: gondramB

It seems to me that the justice department is the one who should initiate thing rather than Congress. Congress makes the laws. They don’t enforce them. If a law was broken, they could perhaps point to which one was broken (which of course they can’t because these attorneys serve at the will of the President).

What is deadly serious is how Congress is trying to destroy the separation of powers and weaken the Presidency of the nation. They want to rule it ALL. They need to be checked on their agressive campaign to destroy Bush. THEY are abusing their power. NOT the President.


30 posted on 07/20/2007 4:40:28 PM PDT by Blogger
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To: gondramB
"will never be allowed to pursue contempt charges initiated by Congress against White House officials"

You left out a very important part. It actually reads, 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.

It makes perfect sense to me. Why should the executive branch do the bidding of the legislative branch on a matter the executive has said is a matter of constitutional separation of powers?

They've already said that they disagree with Congress' position. Why should they pursue themselves over a disagreement?

36 posted on 07/20/2007 7:54:02 PM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: gondramB
The article makes this much sense.

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44 posted on 07/21/2007 9:45:17 AM PDT by GretchenM (What does it profit a man to gain the whole world and lose his soul? Please meet my friend, Jesus)
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