Bush To Defy Congress: What Now?
So here we are:
President Bush and Senate Democrats clashed angrily this afternoon, as the president said he would not allow his key aides to testify under oath about the dismissal of United States attorneys, while the Democrats insisted they would settle for no less.
So Congress issues the subpoenas. BushCo officials defy them. What next? Congress seeks to enforce them in United States District Court for the District of Columbia. But if this to be fought in the court, it'll end up in the Supreme Court. Kagro notes it is the Department of Justice that usually represents the Congress in cases of enforcing subpoenas. Obviously, it won't here. Independent counsel will be retained or current Congressional lawyers will. What is the state of the law on this issue? And the issue will be executive privilege. I wrote a post on this a few days ago. Short version - it won't be decided by law. It will be the politics of this that decides it. To wit - who ever loses the political battle with the American People will give in the most. Right now, the Dems have a great hand to play. Let's hope they don't screw it up. But if you insist on a little more law on the matter, I have some on the flip.
< The New Netroots "Pragmatism" | The Politics of Ending the Iraq Debacle > |