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

[Roaming]

Typical hypocrite Pelosi. Instead of pursuing impeachment, which the Congress has the responsibility to do, she goes after a small matter which is in a gray area. Will be easy to spin it as the Dems fiddling around with little at stake instead of doing something decisive that would strike at the heart of the matter and resonate with the public.

[newshawk14]

I suspected that Mukasey was a sorry assed republican troll, and now I see my suspicions confirmed.
Let's put him up for impeachment for lying to congress, and you might as well throw in Clarence
Thomas as well, who lied his ass off in order to be confirmed to the supreme court. I have a problem
with people that think they can lie willy nilly to congress, during their testimony and to suffer no
consequences. Congress, bless their little black souls, really is the most important branch of
government.

[johnnyjust]

Doesn't he know how many libs are going to kill themselves over this non-issue?

Just imagine.

Now imagine it again.

One more. Yeah, always brings a smile.

[WLA]

Zzzzzzzzzzz

[ErnestineBass]

Fool.

[JessWonderin]

ah maize zing . . . a complete tool with no point . . .

why would a "lib" kill themselves over an apparent effort to cancel due process and the Constitution . . . seems the French Revolution determined it was easier and faster to remove the bodies causing the "problems" . . .

[fcsakes]

Well of course you won't *probe* bush's aides; you're too busy *probing* bush!

[CranialRectalLoopback]

All New Yorkers and all Californians should do all they can to drown out the re-election campaigns of Dianne Feinstein and Chuck Schumer when it is their time for re-election.

[jerryfromcalifornia]

I AGREE AND I HAVE ALREADY STARTED. I EMAIL HER TWICE A WEEK. THANK GOD FOR BARBARA BOXER!!!

[scottymac11]

This is so correct. The democratic national better put up the best candidates humanly possible to trounce them in primaries. Feinstein and Schumer are as responsible for this as any administration toady.

[marika]

Truer words were never spoken!

[Pneumaticus]

Pussy whipped again.

[lungfish]

First its Ashcroft and John Yoo, then its Gonzales and now its Mukasy... all little toady's... and our Dems enabled them to continue being little POSs.

Nothing is goint to stop these fuckers short of a bullet or a car bomb. Where is a crazed lone gunman when you need one?

[mrcoder]

Impeach Mukasey

Officers of the Federal Government are Subject to Impeachment for Breach of Duty to Citizens of the US

Impeach Dammit

Review the Federalist Papers #80, Mason and Hamilton discussion

This is no joke

[Abycat]

What a surprise! Mukasey is just like that Gonzales guy. A rectal aperture. Looks like Bush the aider and abetter of rapists is gonna continue to skate. Let's all make them pay at the polls. 50 or 60 new Democrats in the House and 10 or 12 new Democrats in the Senate should do it. Then let's see how much they can cover up.

[MadJeffersonian]

What did you expect? One of Bush's lackeys/minions turn against him? PLEASE.

[Heartlight3]

There it is. This is the incontrovertible evidence that we no longer have three co-equal branches of government as set forth in the Constitution. I have been concerned about this issue for some time, but really wanted to believe that some evidence would show up that indicated that the courts are still the final word in the enforcement of the laws of this country. Obviously that is no longer the case. The Judiciary has clearly been co-opted by the Executive. I guess this is how it happens. The first major step in fall of a Great Democracy. This must be what happened in Germany. If the Judiciary refuses to enforce the law against the Executive, what else is left? Maybe there is still hope that the people can come together and insist that the law is enforced by electing representatives to congress who will rise to the occasion, but from what I've seen in these posts and the political discourse in the country there is not much evidence that enough of the public can unite over anything. I am very discouraged.

[kenlog]

Good analysis.

[Listen2me]

What is left is a GENERAL STRIKE.

If undocumented workers, in this country illegally, can flood the streets of this nation's cities by the hundreds of thousands----then what is wrong with the CITIZENS of this country who won't stand up for our Constitution? No guts?? There should be Millions of Americans in the streets.

Don't expect any results from the November election. The FIX is in, and Rove's recidivists won't underestimate the margins as they did in 2006.

General Strike---talk it up and pass it on. Right after the rigged elections are staged, don't you think?

[ErnestineBass]

November?

Why wait for November?

[jmaroon]

The whole Bush administration is contemptible.

Mukasey should be held in contempt and dragged before congress daily to explain his arrogance and failure to serve the American public (as opposed to his political masters), and the whole lot should face criminal indictments and articles of impeachment (where applicable) for the past negligence and gross failure of their fiduciary duties to the American public and the US constitution.

They are criminals and they continue to use their office and the executive powers to evade accountability and justice.

They are arrogant and abuse the public trust - dragging the constitution through their blood-soaked lies at the expense of our service personnel, our national security, our economic well-being, the stability of the global community.

When will congress (the House and the Senate) cease this kid-glove treatment, and engage this greatest threat to our nation - when will our leaders stand up against these small-minded bullies and thugs who play off fear and distrust, and demand truth and justice be restored? When will our leaders rescue our most precious inheritance, the US constitution, from the grips of neo-conservative monsters hell-bent on reshaping the world in their own perverse image? When?

We can't wait until November. You must act now.

[realpolitic]

Arrogance is not a crime. His other actions are.

[jmaroon]

Thank you realpolitic - I am well aware that arrogance itself is not a crime (this being a blog entry and not a criminal indictment, I was unaware that I would be held to such a standard!)

However, to the extent that his arrogance contributes to his refusal to conduct the business of the American people, to pursue Grand Jury proceedings, and to advise former senior administration officials that the US Justice Department will not enforce subpoenas - that may well be criminal. The Executive and Legislative Branches are in a pissing match and for too long the Executive branch has been winning - time for Pelosi to whip it out and bring some real shame to these Beltway Boys.

[FogBelter]

No real surprise here ... this is exactly why Bush chose Mukasey for AG ... thanks Feinstein and Schumer for improving our Democracy by supporting this man.

[underdog]

Dude, you don't understand, all the democrats need is the presidency AND both houses and THEN they can accomplish something. Aren't you enjoying Nancy's violin playing?

[samuraijack]

Well Mukasey, you look like a woman. We don't need you anyway. We can prosecute you and them when we take the White House. The statute of limitations won't be up then.

[UncleJimbo]

Yes! There is no Statute of Limitations on Treason!

[Arguman]

lol. that'll teach him!

[realpolitic]

Congress should have questioned Mukasey thoroughly on his views on the concept of executive privilege before he was appointed. This claim the president makes here sounds very broad. Bush has said he was not even a part of the discussions surrounding the assistant attorney general firings and the subject in no way involves national security.

Courts need to rule on a working definition of executive privilege and how broadly the claim can legally be made. As interpreted here, it seems to cover anything touching the executive branch, and thusly, is a too powerful tool that can shelter myriad illegalities. How can lawmakers accomplish their role of oversight unless they can enforce subpoenas to compel White House staff to testify? Oversight is a critical function of Congress. This former check on executive power becomes nullified and historical. A single branch of government was never meant to be preeminent. The executive branch benefits from oversight , as corruption otherwise becomes normative.

Mukasey seems another in a long line of sychophants who has sacrificed his integrity for the Bush White House. These men of distiinction find once they lose their integrity it is rarely handed back to them, although his reward may be private sector riches. Congress must use any enforcement mechanism at its disposal to enforce its subpoenas and take on Mukasey if need be. Mukasey is not the ultimate law of the land. The courts are.

We must, at any expense, regain our constitutional footing and hold Bush accountable for potential lawbreaking. The assistant attorney general firing's fiasco stinks to high heaven. These prosecutors were never meant to be a mechanism to promote single party rule. If Congress can not investigate this mess, it can investigate nothing. It may as well cede its oversight function. The mechanism will be then known as oversight only where it is unnecessary, as all else involves executive privlege.The entire country and our constitutional democracy suffers. Mukasey, as other Bush acolytes, will live in infamy. Bush can not govern, but he excels at choosing those who will lose all relevancy to do his bidding.

[Listen2me]

If you hadn't noticed, the Courts are PACKED with Bush rubber-stamp judges. Don't get your hopes up. This time, the only hope and it is a faint one, is that the American people will rise up and exercise people power---a general strike---as was done in Philippines and Ukraine. And pray we don't get Tien An Men Square repression in return.

We need a determination by the people to stop these criminals, because the chickensh*t Democratic leaders aren't willing to LEAD. "Of all the cowards, no other is so cowardly as the average politician,"

[realpolitic]

Yes, a general strike would be great, but there has not even been huge numbers of people turning out at anti-war marches.

[kevenseven]

My only comfort is that Pelosi played Marc Foley like a violin.

Perhaps she has another game to embarrass the living shit out of the Rethugs and paint them as crooked as a dog's hind led.

Not that is should be too difficult. Perhaps we pick up 40 seats in the House...

[ErnestineBass]

To what purpose?