Why Inherent Contempt
Like most recent converts, I now have a certain zeal. My zeal is now for the use of inherent contempt power by the Congress in the face of the Bush view that a President's assertion of executive privilege in response to a congressional subpoena is beyond the purview of the courts. Before, I was very reticent about inherent contempt, for precisely the same reason I have reacted negatively to this unbound assertion by the Bush Administration that it is the President who decides whether a claim of executive privilege is valid -- it undermines our system of checks and balances. The Founders were primarily concerned with making sure the each branch was checked by the others. Inherent contempt is, in a way, the flip side assertion of unbound power in the Executive. But it becomes necessary here because the Bush Administration has chosen to argue against checks and balances. As Steven Benen writes:
Let’s cut to the chase: the president and his team are arguing that once the White House claims executive privilege, there is no recourse. The president is accountable to literally no one — not the Congress, whose subpoenas can be ignored, or the federal judiciary, which can’t hear a case that cannot be filed. We’re talking about what is, in effect, a rogue presidency.
In the face of this assertion, I believe the Congress has no choice now but to commence inherent contempt proceedings against those witnesses who refuse to testify based on the Bush claim of executive privilege. The claims, according to Bush, can not be tested in court. More.
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