Pelosi Makes Criminal Referral for Contempt Citations of White House Officials

[Elidor]

Source: TPM

Today, after House lawyers dotted their i's and crossed their t's, House Speaker Nancy Pelosi (D-CA) finally followed up by referring the contempt resolution to the U.S. attorney for D.C.

What will happen next is not much of a mystery. Attorney General Michael Mukasey has already said that the Justice Department would not enforce such a referral, as required by federal law. That's because Miers and Bolten didn't comply with the subpoenas because the President said they couldn't -- it would violate executive privilege.

In a letter to Mukasey, Pelosi anticipated that answer, but argued that "there is no authority by which persons may wholly ignore a subpoena and fail to appear as directed because a President unilaterally instructs them to do so."

She concluded: "I strongly urge you to reconsider your position and to ensure that our nation is operating under the rule of law and not at presidential whim."

Read more: http://tpmmuckraker.talkingpointsmemo.com/2008/02/pelosi_makes_criminal_referral.php

[xxqqqzme]

1. wow! a presidential whim! is it.

Too bad impeachment is off the table!

[Elidor]

7. I know this bunch shies away from confrontations with the White House...

But they're going to miss a golden opportunity. If Mukasey refuses to enforce the contempt citations, they could hammer him mercilessly to the public as a corrupt hack and force enough pressure that he has to enforce the citations. When I first read this story, I wondered if maybe this was a step in that direction.

But no: they don't have the stomach for that fight. Still, I'm glad to see them moving forward at all with this. I was afraid they'd let the whole thing lapse.

[caseycoon]

2. K&R! GO NANCY!

finally they are doing something right?
:woohoo:

[jazzjunkysue]

21. Yeah. They're "strongly urging."

I know I'm scared.


ZzzzZZzzzzZZZzzzzZZZZZZzzzz.......

[gateley]

3. This is encouraging:

If Mukasey, through D.C.'s U.S. attorney, rebuffs the referral as expected, the House has a backup plan. The House also passed a resolution that would allow the House Judiciary Committee to pursue a lawsuit against the White House over the subpoena. If a judge agreed to hear the case, it might lead to a decision as to whether the President's sweeping invocation of privilege is Constitutional.

Come on, you guys -- it's your J.O.B. !

[Occulus]

27. That would end up before the SCOTUS,

and I really don't want to see that happen with this particular case. I get a very bad feeling even considering the idea. A decision in favor of * and his cronies would effectively end any and all Congressional oversight capability, because nobody- not one person- they needed information from would ever appear again "if the Prez sez".

I personally think they should play hardball, too. They should exercise the "inherent contempt" option. It cuts both the President and the AG out of the process, puts people in jail, and has the distinct benefit of precedent, be it ever so far in the past.

[Trillo]

4. Good. But the cynic in me says,

with the timing toward the upcoming election, the general election, that this is more political posturing than a serious effort at maintaining The Rule of Law and the constitution.

I sincerely hope my cynic is wrong.

[jgraz]

6. If Nancy was serious, she would follow this up with an impeachment resolution against Mukasey

[MasonJar]

5. Congress has the authority to arrest these buffoons. They should just do it.

[annabanana]

32. With who?, , , , (I don't believe the "Sargent at Arms is armed)

Who does the the Capitol Police answer to? What office?

[mike_c]

8. so what will Pelosi do when Mukasey ignores the referral...?

That IS what happens next. Is the matter now out of Pelosi's hands, or will she follow through? If the latter, what will she do?

[Supersedeas]

9. Muck Muck Mukasey will get right on that.

[Independent_Liberal]

10. Good stuff IS happening.

We just have to keep hammering away.

[Deny and Shred]

11. The ultimate arbiters are still the Supreme Court.

They have already besmirched the rule of law. That said, it is a good step, albeit belated. The positive upshot would be the public relations aspect, and the Congressional public record it would create which would cement GWB as the worst President ever for future generations. Too bad it will only be covered by overseas media in the short-term.

[Javaman]

12. As long as she keeps impeachment off the table, anything she says is pure bullshit. nt

[Riddler]

13. Big Deal, Nancy "all talk and no action" Pelosi gets to pretend she's relevent

when she's been nothing but a back pedaling, gutless wonder, just like the rest of the spineless democrats in congress. I guess they're too busy worrying about missing NFL tapes or making sure Roger Clemens gets cited for perjury and don't have the time to enforce the laws that this renegade white house has systematically thumbed their noses at. Pelosi makes me sick, and so does Reid and I don't trust, believe, or care about anything they do or say anymore.

[Wizard777]

14. They have to show up. They don't have to say a word once they are there.

The silence would preserve and protect a claim of executive privilege. But at the very least they have to show up. That's the whole point of a subpoena. To compel the appearance of people or documents. All you have to do is show up and that's it.

[Seabiscuit]

15. So once Mukasey formally flips Pelosi the bird, what's next? Another big fat zero?

[Lone_Star_Dem]

20. I don't know. Will they file a lawsuit if his formal decision goes against the law?

I actually do believe it will be filed if he doesn't provide his decision in a week. I know, ever the optimist me. But what will they do if he decides to go against the law? Seems to me that would be seriously stretching his neck out, but I'm sure he knew it would be coming to this when he took the AG position. I know he has a counter prepared, but what it is I have no idea.

[Seabiscuit]

28. I have yet to see Pelosi show any spine, so I think this may be the last we hear of all this.

It'll disappear into the black hole of news dumps, never to see the light of day again.

[pleah]

16. I'm not going to hold my breath on this.

When they actually get something done I will applaud them.:eyes:

[peace13]

17. Bet you ten cents that she will be issuing an apology

within 48 hours for using the word president and whim in the same sentence. So sad.

[Joey Liberal]

18. I have no faith in Pelosi n/t

[Lone_Star_Dem]

19. A little bit more on this from The Hill

Pelosi seeks grand jury investigation of White House aides


House Speaker Nancy Pelosi (D-Calif.) on Thursday threatened to take the Bush administration to court if it fails to prosecute contempt citations against two White House aides.

The House has held White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers in contempt for their failure to appear and produce documents in the congressional investigation into the firing of several U.S. attorneys.

Administration officials have indicated that they will not allow U.S. Attorney for the District of Columbia Jeffrey Taylor to prosecute the contempt citations, but Pelosi said they have no legal right to block such a prosecution.

“There is no authority that permits a President to advise anyone to ignore a duly issued congressional subpoena for documents,” Pelosi said. She added that a formal assertion of executive privilege cannot be made in this case.

Pelosi formally referred the House contempt citation to Taylor Thursday, saying Taylor is legally obligated to bring the case before a grand jury.

In a letter to Attorney General Michael Mukasey also sent Thursday, Pelosi asked for a formal decision within one week. After that, she said the House intends to file a civil lawsuit.

http://thehill.com/leading-the-news/pelosi-seeks-grand-jury-investigation-of-white-house-aides-2008-02-28.html


The rest of the article is blather by Boehner about terrorist and how this isn't making our country safer.

Actually, I have to disagree with him. I think prosecuting the current admin and all those who've aided them in their illegal endeavors would make our country safe.

[hootinholler]

22. Oooooo! She's gonna go get her a writ of mandamus.

They're quaking in their pretzledent-sealed boots Nancy.

Wise up! you don't need no stinkin writ of mandamus. When the AG sits on it, slap his ass with an inherent contempt citation and have the Sargent At Arms haul his ass down to the Capitol to think it over in detail.

-Hoot

[knight_of_the_star]

23. It doesn't hurt to get it

And gives grounds for contempt of court charges if the AG sits on it.

[hootinholler]

24. Except this has been delayed far too long as it is!

Fuck that, go round 'em up! She doesn't need the writ at all! All she needs is a majority.

-Hoot

[Hotler]

25. That's alot of talk for a one-eyed fat man Rooster.

Fill your hands with iron Ned, you dirty son of a bitch..something like that. From True Grit

[goforit]

26. OMG!! Nancy with balls???? Alittle late sweetheart.

[Zorra]

29. Invoke Inherent Contempt and lock the criminals in the basement. n/t

[opihimoimoi]

30. Someone put Miracle Grow on Pelosi's Balls...wonderful news...

[Thor_MN]

31. Mr. Magoo is going to lose the referral on his desk.

He will search high and lo, but only find it next Jan 18th. Oh!! Magoo, you've done it again!!

[lonestarnot]

33. But didn't she vote to conform Mr. 1984?