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Subpoena vs executive privilege
2008-03-10 17:53:00 A little update on the congressional subpoena vs executive privilege lawsuit that Pelosi and gang were planning on filing. Well, apparently they did file a suit and the case landed in the lap of Judge John D. Bates of the U.S. District Court for the District of Columbia. I would expect that the name John D Bates would not raise any eyebrows among the general public. But a little cursory research finds that John D Bates was appointed by George W. Bush (how convenient). Bates was also the judge who ruled in favor of Dick Cheney in that little argument he had with the General Accounting Office over the energy task force papers. In fact Bates ruled that the GAO did not have standing to even sue in the case... which is a similar to the how some legal experts believe that this case might go. In other words, it is now more likely than ever that the lawsuit filed by Pelosi and gang may end up being thrown out for "lack of standing"... something that could damage the ability of congress to...
By: Coldheartedtruth
Executive Order 464 Scrapped but not 'Executive Privilege'
2008-03-06 14:00:00 Today the talk will be about the controversial Executive Order 464 being revoked and the real truth regarding 'Executive Privelege'. From what I gather, EO 464 is nothing but a reminder that Executive Privilege still exists. And certain sections were struck down by The Supreme Court because it was against The Constitution. ELECTION lawyer Romulo Macalintal said scrapping Executive Order (EO) 464 would be futile as the executive privilege of a president is embedded in the 1987 Constitution. EO 464 was issued by Malacañang on September 26, 2005 following the appearance of National Security Adviser Norberto Gonzales in a Senate inquiry that ended in his being detained and held in contempt after refusing to answer some of the queries of the senators.PCIJ has a great blog post (and podcast) today regarding the scrapping of EO 464 which I found enlightening, they “asked three lawyers — Theodore Te of the Free Legal Assistance Group; former UP College of Law Dean Raul Pangalangan, a...
Durbin Calls Out White House On Executive Privilege Sham
2007-08-03 01:37:00 by- Suzie-Q @ 4:38 PM MST When former White House aide Sara Taylor testified in front of the Senate Judiciary Committee last month, Chairman Pat Leahy (D-VT) asked whether President Bush had a role in the firings. Despite being under executive privilege, Taylor stated she did not attend meetings with Bush nor did she believe he was involved in the scandal. In today’s hearing, Leahy asked the same question to White House aide J. Scott Jennings. In contrast to Taylor, Jennings refused to answer, repeatedly citing executive privilege. In fact, Taylor answered “a number of questions that Jennings has refused to answer,” despite both being under similar assertions of executive privilege. Sen. Dick Durbin (D-IL) noted the discrepancy between Taylor and Jennings’ responses and called out Jennings for abusing executive privilege. Jennings responded: “I respect [Taylor’s] decision…but I simply do not intend to disobey a directive from the President.” More
By: Suzie-Q
Grim New Details In Pat Tilman Death: The Reason For Executive Privilege?
2007-07-27 04:15:00 Are the details in this report part of the reason why the Bush administration has invoked executive privilege with Congress’ clamor to find out more info about former JFL player Pat Tilman’s death? Army medical examiners were suspicious about the close proximity of the three bullet holes in Pat Tillman’s forehead and tried without success to get authorities to investigate whether the former NFL player’s death amounted to a crime, according to documents obtained by The Associated Press. “The medical evidence did not match up with the, with the scenario as described,” a doctor who examined Tillman’s body after he was killed on the battlefield in Afghanistan in 2004 told investigators. The doctors - whose names were blacked out - said that the bullet holes were so close together that it appeared the Army Ranger was cut down by an M-16 fired from a mere 10 yards or so away. Does that sound like friendly fire? Or something perhaps a bit more&hel...
Executive Privilege: Agency Says Bush Has Overreached
2007-07-20 16:39:00 by- Suzie-Q @ 7:39 AM MST A report earlier this month by the Congressional Research Service, a nonpartisan agency that studies policy and legal questions for Members of Congress, found that President George W. Bush’s recent assertions of ‘executive privilege’ to fend off Congressional investigators were dubious. Morton Rosenberg, a Specialist in American Public Law at ...
By: Suzie-Q
Cheney?s Office Implies It Has Executive Privilege Of Its Own
2007-07-18 18:39:00 by- Suzie-Q @ 9:39 AM MST The Office of Vice President Dick Cheney appears to be readying an independent assertion of executive privilege. The move came in an exchange of letters with the Senate Judiciary Committee, which granted an extension for the White House’s efforts to comply with a subpoena on documents related to President ...
By: Suzie-Q
Another NeoCon Cover Up, Tillman?s Death! Bush using Executive Privilege Ag
2007-07-14 04:50:00 by GEF @ 10:46 PM EDT WH Claims Executive Privilege Over Tillman Documents By: SilentPatriot @ 7:18 PM - PDT And the disgraceful Pat Tillman saga continues.. How?s this for ?supporting the troops? and respecting their families? Seattle Times: The White House has refused to give Congress documents about the death of former NFL player Pat Tillman, ...
By: Suzie-Q
Executive Privilege vs Contempt of Congress II
2007-07-12 16:11:00 I was reading another AP story about this situation that basically stated nothing new, but rather just interviewed different people to come to the same conclusions. The conclusion being that this so called "show down" will not end up in court. I still am not sure I buy this. The White House certainly seems more confident than the congress does on this matter, and even those who disagree with the White House tend to simply disagree with how confident they are. An argument that Miers has to testify "is certainly as tenable as that she doesn't," University of Texas law professor Sanford Levinson says. "If I were advising the congressional committees, what I would want to argue is that they have evidence that she was involved in what might have been criminal acts; that is, subordination of civil service hiring to unlawful considerations," Levinson said. This would be all fine and good... except that the congress is not engaging in a criminal investigation. They are simply arguing ...
By: Coldheartedtruth
Executive Privilege May Not Block Ex-Rove Aide?s Testimony
2007-07-11 00:31:00 by- Suzie-Q @ 3:32 PM MST Suicide By Neo Con 2004-2007 Stephen Pitt Congressional investigators condemned the White House this week for attempting to block two subpoenaed former Bush administration officials from testifying in the probe into the firing of 8 US Attorneys. But some scholars interviewed by RAW STORY suggested that President Bush’s assertion ...
By: Suzie-Q
Executive Privilege vs Contempt of Congress
2007-07-10 15:40:00 So it would appear that we are heading towards a constitutional showdown between the executive and legislative branches. The question to be answered is whether the assumed executive privilege trumps the assumed contempt of congress or if the assumed contempt of congress trumps executive privilege. Neither is a constitutional right actually written into the constitution, but rather rights that have been declared legal by the court system. The only time the court has ruled on the specific issue was when Nixon claimed executive privilege in the Watergate matter. In that case the court ruled that privilege did not trump an actual criminal investigation. Of course neither the hearing being held on the U.S. Attorney firings or the soon to be hearing on the Scooter Libby commutation can be classified as bona fide criminal investigations. The only other showdown came during the Reagan years when congress actually issued a contempt of court charge against the EPA administrator, but the U.S...
By: Coldheartedtruth
Communication to Congress on President's Assertion of Executive Privilege
2007-07-10 02:43:00 Dear Chairman Leahy and Chairman Conyers: (This document in PDF format (153kb, 3 pages)I write in response to your letter of June 29, 2007.Let me begin by conveying a note of concern over your letter's (This document in PDF format 245kb 4 pages) tone and apparent direction in dealing with a situation of this gravity. We are troubled to read the letter's charge that the President's "assertion of Executive Privilege belies any good faith attempt to determine where privilege truly does and does not apply." Although we each speak on behalf of different branches of government, and perhaps for that reason cannot help having different perspectives on the matter, it is hoped you will agree, upon further reflection, that it is incorrect to say that the President's assertion of Executive Privilege was performed without "good faith."As the letter from the Acting Attorney General explained in considerable detail, the assertion of Executive Privilege here is intended to protect a fundamental...
There?s no such thing as ?executive privilege?
2007-07-09 23:57:00 The Bush Administration has once again declared itself above the law. Of course this is a conclusion you have to come to by yourself, as you won’t hear that from the mainstream media. Instead they say the President has claimed “executive privilege” as if this actually means something. THERE IS NO SUCH THING AS EXECUTIVE PRIVILEGE The ...
By: WikiProtest Blog
Executive Privilege vs Congressional Investigators
2007-06-30 14:57:00 See Original StoryIn a letter to White House counsel Fred Fielding, the heads of the Senate and House Judiciary committees demanded an explanation in 10 days of why the White House claimed executive privilege on subpoenaed documents and vowed to invoke "the full force of law.""The veil of secrecy you have attempted to pull over the White House by withholding documents and witnesses is unprecedented and damaging to the tradition of open government by and for the people that has been a hallmark of the republic," Rep. John Conyers, D-Mich., and Sen. Patrick Leahy, D-Vt., told Fielding.They gave the White House until July 9 to furnish the factual and legal bases for the executive privilege claim and documentation that President Bush personally signed off on it.Whether or not the White House meets the deadline, "we will take the necessary steps to rule on your privilege claims and appropriately enforce our subpoenas backed by the full force of law," Leahy and Conyers wrote.The problems a...
By: LETS TALK
Conflict Over Executive Privilege Looms
2007-06-18 04:00:00 LegalTimes.com reports:Congressional Democrats have always believed that the Justice Department's plan to fire eight US attorneys began in the White House, and last week they proved willing to take their investigation to its doorstep by subpoenaing two former Bush aides.... ...Many legal observers say the subpoenas are more likely to force the White House to find some sort of middle ground - even if it takes a protracted legal fight to get there...."Technorati tags: Legal Times, Congress, Executive Privilege, Democrats, Attorney Generals, US Justice Department, news
Stage set for fight over executive privilege
2007-03-21 19:52:00 A House of Representatives sub-committee approved subpoenas on Wednesday to force top White House aides, including Karl Rove, to testify under oath about the controversial sackings of eight senior US prosecutors late last year.
By: Get rich
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