Mukasey Refuses Probe of Bush Aides

WASHINGTON — Attorney General Michael Mukasey refused Friday to refer the House's contempt citations against two of President Bush's top aides to a federal grand jury. Mukasey said White House Chief of Staff Josh Bolten and former presidential counsel Harriet Miers committed no crime.

As promised, House Speaker Nancy Pelosi announced that she has given the Judiciary Committee authority to file a lawsuit against Bolten and Miers in federal court.

"The House shall do so promptly," she said in a statement.

Mukasey said Bolten and Miers were right in ignoring subpoenas to provide Congress with White House documents or testify about the firings of federal prosecutors.

"The department will not bring the congressional contempt citations before a grand jury or take any other action to prosecute Mr. Bolten or Ms. Miers," Mukasey wrote Pelosi.

Pelosi shot back that the aides can expect a lawsuit.

"The American people demand that we uphold the law," Pelosi said. "As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that."

The suit had a political purpose too. Democrats have urged that the filing occur swiftly so that a judge might rule before the November elections, when all 435 House seats and a third of the Senate are up for grabs. Criticism of Bush's use of executive power is a key tenet of the Democrats' platform, from the presidential race on down.

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The House voted two weeks ago to cite Bolten and Miers for contempt of Congress and seek a grand jury investigation. Most Republicans boycotted the vote.

Pelosi requested the grand jury investigation on Thursday and gave Mukasey a week to reply. She said the House would file a civil suit seeking enforcement of the contempt citations if federal prosecutors declined to seek misdemeanor charges against Bolten and Miers. The plaintiffs would be the entire Judiciary Committee, who would be represented by the House's lawyers, according to aides to Pelosi and committee Chairman John Conyers, D-Mich.

Mukasey took only a day to get back to her. But he had earlier joined his predecessor, Alberto Gonzales, in telling lawmakers they would refuse to refer any contempt citations to prosecutors because Bolten and Miers were acting at Bush's instruction.

A civil suit would drag out a slow-motion crawl to a constitutional struggle between a Democratic-run Congress and a Republican White House that has been simmering for more than a year.

Democrats say Bush's instructions to Miers and Bolten to ignore the House Judiciary Committee's subpoenas was an abuse of power and an effort to block an effort to find out whether the White House directed the firing of nine U.S. attorneys in 2006 for political reasons.

Republicans call the whole affair a political game and walked out of the House vote on the contempt citations in protest.

The 223-32 House vote on a resolution approving the contempt citations Feb. 14 was the first of its type in 25 years. The White House pointed out that it was the first time that such action had been taken against top White House officials who had been instructed by the president to remain silent to preserve executive privilege.

In his letter, received by the House early Friday evening, Mukasey pointed out that not only was Miers directed not to testify, she also was immune from congressional subpoenas and was right to not show up to the hearing to which she had been summoned.

"The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president's claim of executive privilege," Mukasey wrote, quoting Justice policy.

"Accordingly," Mukasey concluded, "the department has determined that the noncompliance by Mr. Bolten and Ms. Miers with the Judiciary Committee subpoenas did not constitute a crime."

Though they were not surprised, Democrats reacted to Mukasey's letter with outrage.

"Today's decision to shelve the contempt process, in violation of a federal statute, shows that the White House will go to any lengths to keep its role in the U.S. attorney firings hidden," said Conyers. "In the face of such extraordinary actions, we have no choice but to proceed with a lawsuit to enforce the committee's subpoenas."

Comments

[peacekitten]

ignoring a subpoena is in and of itself a crime. it doesn't matter why it's ignored, it is the fact that it has been ignored that is a criminal act.

the president is not above the law. he is not the law. he is first and foremost, a citizen of this country and subject to its laws like anyone else. the fact that even the president is not above the law was supposed to have been the great lesson of watergate.

in case bush has forgotten, it is CONGRESS and not him that has the power to make laws. period.

[newshawk14]

I second your comments and would like to recommend a book that completely supports you.,
by Charlie Savage, "Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy." Mr. Savage does a brilliant job of making utterly clear, what are often subtle and arcane
points of law

[Tyrione]

US Constitution: http://www.usconstitution.net/const.html#A1Sec2

Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

--- Congress will exercise it's Power of Tribunal and try the cases without him.

[Tyrione]

US Constitution: http://www.usconstitution.net/const.html#A1Sec2

Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

--- Congress will exercise it's Power of Tribunal and try the cases without him.

[Tyrione]

http://www.usconstitution.net/const.html#A1Sec2

Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

-------------------

Mulkasey doesn't have to be the one and the Congress will still prosecute. They will file under:

To constitute Tribunals inferior to the supreme Court;

[realpolitic]

Yes, constitute a tribunal and try Mukasey, Bolton, and Miers for contempt of a congressional subpoena.

[jeersforfears]

By the way, the dems have no case against Bush for firing the US attys. Clinton fired them all at once as soon as he took office in '93, no one said squat because there was nothing to say. This is a political hit job that fell short, and only dweeb anti intellectuals would take the bait and think there's anything wrong.

Best regards.

[squeakyf]

I believe that it was the "anti intellectual dweeb" Republicans that mastered the art of bait and switch. Let me see, I believe the Republican Congress spent how much on Whitewater only to print (what would now be considered "pornography" by the Republican Religious Right) about Bill Clinton getting a blowjob!!!
It appears to me that the Democratic Congress is just using the same playbook you good 'ol Compassionate Conservatives passed on to the next graduating class. The only difference is that the Democrats have not sunk to the Republicans level. Of course, we would have to find some idiot willing to suck "W" pecker, if he could get it up after his many years of doing blow.

[jinjinpinti]

jeersforyou: Ho hum. We haven't seen that long ago debunked and lame excuse for the US attys firings in quite some time. Where HAVE you been??? It is noT remarkable for a new POTUS to change US attys at the beginning of his/her term. It IS different when they do so on false, drummed up, political premises later on during their administration. Even my republican cat knows THAT , Sparky!

[jeersforfears]

Even your republican cat knows the b.s. you believe, Chunky. It ABSOLUTELY IS remarkable for a president to change atty en masse. It is uprecedented. Bush's firing of the attys was well within the law, it just wasn't within the political correctness guidlines of liberals.

[enlighteninglad]

Sorry but you're a _______ (fill in the blank with your favorite epithet). If you don't know the difference between the two situations by now it's because you don't want to see a difference. Being blind to truth is a terrible way to go through life.

[Virago55]

So funny to me how the Republicans fuck up immensely and the Democrats are blamed for it?

Incredible.

[cruisepuppy7452a]

Does this man understand by not going after Bush's aides, he as already incriminated them? Its what people don't do that is more telling. He is saying, I know you are guilty as hell, but that would mean I too would be taken down, along with Bush, Cheney and this entire administration? Guilty men let people like this slide. Innocent men would put aside the fact Bush is president, would demand impeachment, treason and crimminal charges brougt against all. The arrogance of this administration is more scary than thier acts. They assume they are untouchable. Nobody is that untouchable. The good ship Bush shit, is about to hit an ice berg. Its the ones they don't see coming that gets them every time.

[brewerec]

This is all good analysis, but it is beside the point as applied to Mukasey. It's a lot simpler: Mukasey is a whore, just like his predecessor Gonzo. He was picked for Attorney General because someone believed he would be a whore. How right they were.

[jeersforfears]

I know Huffington Post is the sewer of political blogs, but for cryin' out loud, do you have to be THIS stupid? By not indicting someone, a prosecutor is incriminating them?

Didn't anyone tell you? The dummies shall not inherit the Earth.

[ethnobotanist]

jeers, if you believe half of what you write, why do you even come to the HuffPost?
either you are full of shit or .. ....... .. ...... why hang where your arrogance is not appreciated.

[jeersforfears]

Amusing to read the Huffposters paranoia about Bush, based on the fact that he isn't a liberal. That he doesn't agree that America had/has it coming. That he wanted to make certain that WMDs were either confiscated or blown to the winds in the Middle East...in order to see to America's safety (but if we have it coming, of course he shouldn't have acted. There's plenty more little Eichmanns here for the terrorists to kill.) That he didnt want to see Americans (even you liberals who don't know s**t about economics!) pay confiscatory taxes. That he didn't give a damn that the maniacally left wing, worldwide news media hates America and has you blithering idiots believing that everyone else REALLY hates us. You know, have a Tsunami in your land, WHO YOU GONNA CALL? That he is sympathetic to people who have thug, murdering communist running your country, and allows them entry when the float up on our shore. You know, POLITICAL ASYLUM.

[Collielady]

Economics, indeed! As in fiscal responsibility? HAHAHAHAHAHAHAHAHAHAHAAAAAAAAAAAA

[jeersforfears]

If you're referring to the deficit, the eye-popping 9 trillion dollars is about 3.5% of the GDP. That's well under the red flag amount, and the reason why you never hear about the deficit from authorities, like the MSM and democrat party. As I said, you liberals know nothing about economics, unless it's to figure out ways to redistribute hardworking people's earnings.

I'd like to be able to say nice try, but it ain't

[jinjinpinti]

jjjjjjeers....Dick Cheney, is that you?

[Collielady]

After everything these criminals have done to ignore the rule of law, they will all walk, every one of them. I still say, open all the prison doors. Only then will we have liberty and justice for all.

BTW, let's not forget that the Democrats confirmed Mukasey. Don't look to them to save us.

[lilphucker]

So responsible that "oreo" Obama, and Shillary manged to miss that vote ( Mukasey confirmation). Thanks, Bitches! (on your knees, as we please, boy..... and you too maam)

[jerrypenguin]

Give the bushitians credit. One out of every one hundred US citizens are in the slammer. Why take the risk a adding a bushitian to the general prison population? This would only contribute to overcrowding.

[Idiocracy]

November cant come fast enough.. Its time to start cleaning house and take out the garbage once and for all...

ALL the garbage...

UNITED WE STAND
DIVIDED WE FALL

[StillAmused]

The Bushies have all but reversed the Earth's magnetic poles... now, it's audacity in plain sight. These are the guys who walk out of the sporting goods store with a brand new canoe over their heads, right past the store guard.

The worst part is, the population is so fatigued that there probably won't even be a wimper... just as long as they're GONE in '09. That's the usual reaction to terrorists.

[GeoLee]

The federal court will rule in Bush's favor since he probably appointed the judge who would make the ruling. If that does not happen, the Supreme Court won't back the right for the lawsuit.. We have no independent judiciary!

[patriotscholar]

What we have here is a man of law who isn't. Well, perhaps it is time for him to lose his license.

[AmericaIsATerroist]

And this surprises anyone? It's been "fuck you" from the White House for the past 8 years, it's going to be "fuck you" until the end. I just hope that Republicans remember that pay back's a bitch when they have to suffer the same sort of abuse at the hands of the Democrats for the next 4 to 8. You right Wing nuts dance around in victory at this obvious abuse of power. Kepp in mind that it's things like this that we'll use to beat you over the head with whenever you start to cry about the injustice of Executive power. It's your boy who put all of this into place for the benefit of the right, it's your boy you should be blaming when the same happens but not to your benefit. The Democrats are going to lay waste to everything Junior has worked so hard to steal. Deal with it.

[JessWonderin]

Straight and to the point - we will nuke the MFs and reduce them to quivering masses of wide stance diaper bags waiting next to the curb - I want to see them reduced to a single seat on the House Committee for Study of Human Waste Disposal, meeting in the last stall of the Capitol Parking Lot Level 6 . . .

kumb-buy- yeah . . . mother fuckers.