Redstate

By streiff Posted in The White House — Comments (16) / Email this page » / Leave a comment »

"Like Dead Sea fruits, that tempt the eye, / But turn to ashes on the lips!”
St. Thomas More, martyr

Only a couple of short weeks ago congressional Dems were crowing about "criminal contempt" citations directed at the White House. (Presumably this refers to actual people and not a piece of federal property but when you're dealing with this bunch it isn't good to take much for granted.)

The chairman of the Senate Judiciary Committee said yesterday that he will attempt to cite the White House for criminal contempt of Congress if it does not turn over documents related to the firing of nine federal prosecutors.

"If they don't cooperate, yes, I'd go that far," Sen. Patrick J. Leahy (D-Vt.) said on NBC's "Meet the Press." "This is very important to the American people."

[...]

The next step is for the congressional committee chairman to rule on the validity of the privilege claims. If the claims are deemed invalid, the committee can repeat the directive to comply. If the president continues to refuse, the committee can find the president in criminal contempt, and the issue would go to the full Senate or House. If a majority in either chamber approves the criminal citation, the matter is referred to a U.S. attorney with a recommendation to issue an indictment.

Today they have ashes.

Read on.

I think the current kerfuffle over the firing of a a handful of presidential appointees is one of the most disgraceful, superficial, and childish acts by Congress since the October Surprise investigation instigated by the aptly named Gary Sick. The president can fire appointees because he is displeased with their hair color or choice of snack foods. This isn't a news flash to anyone who's familiar with that system.

Today the Washington Post reports that the Administration has upped the ante in the game they are playing and has said that they aren't particularly concerned about any citiation, criminal or otherwise, that may emanate from the Congress because they are going to ignore them.

Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that 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.

The position presents serious legal and political obstacles for congressional Democrats, who have begun laying the groundwork for contempt proceedings against current and former White House officials in order to pry loose information about the dismissals

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"Serious legal and political obstacles"? Ya think? But there is more.

But administration officials argued yesterday that 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. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.

"A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case," said a senior official, who said his remarks reflect a consensus within the administration. "And a U.S. attorney wouldn't be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to happen."

The official, who spoke on the condition of anonymity because he was not authorized to discuss the issue publicly, added: "It has long been understood that, in circumstances like these, the constitutional prerogatives of the president would make it a futile and purely political act for Congress to refer contempt citations to U.S. attorneys."

This is the quintessential political fight that the Dems are attempting, as they always do, to criminalize and the Administration has said it isn't going to play. If Conyers and Nostrildamus believe they have a case they have tools available.

They can withold funds from the Executive branch in order to gain compliance and take the heat when part of the government shuts down. The article notes:

Both chambers also have an "inherent contempt" power, allowing either body to hold its own trials and even jail those found in defiance of Congress. Although widely used during the 19th century, the power has not been invoked since 1934 and Democratic lawmakers have not displayed an appetite for reviving the practice.

Though one wonders what mechanism they would plan on using to compel someone to appear before their kangaroo court and where that person would be incarcerated and by whom.

They can impeach, the Constitutional remedy for this situation, but that would require both courage and leadership. Since they are devoid of those traits, along with, I would argue honor and integrity, their only course of action is to whine.