Obama Team Expected To Broker Subpoena Deal

WASHINGTON — A yearslong legal dispute between the White House and Congress over testimony by President Bush's aides probably will be resolved under the incoming Obama administration, former government lawyers from both political parties agreed Wednesday.

"Historically, those sorts of issues get worked out by negotiation," said Robert Litt, a former prosecutor and top Justice Department criminal lawyer during the Clinton administration.

He added: "It's sort of like a sumo match _ you have people stomping around the ring and making loud noise. And, at the end, they sit down and work out some kind of unsatisfactory compromise."

Former Reagan White House Counsel Arthur B. Culvahouse Jr. agreed there'd likely be a deal stuck between the two sides in a Democratic detente that has eluded the outgoing GOP administration.

"It'll probably be worked out by compromise," Culvahouse said. He and Litt spoke at a Brookings Institution discussion about legal policy in the Obama administration.

At issue is whether the Democratic-led Congress can force top Bush aide Joshua Bolten and former aide Harriet Miers to testify in front of lawmakers or hand over documents about the 2006 firings of nine U.S. attorneys.

Democrats say the firings, which led to the resignation of former Attorney General Alberto Gonzales last year, were politically motivated. That charge was bolstered by an internal Justice Department investigation, which in September found "substantial evidence that partisan political considerations played a part in the removal of several of the U.S. attorneys."

The Justice Department has maintained that Congress can't force top White House aides to testify because it infringes on the executive branch's independence.

A federal appeals court last month refused to immediately enforce the House Democrats' subpoenas, ruling that time will run out on this year's congressional session before the thorny legal skirmish could be resolved.

Litt predicted the Democrats will move quickly next year to push forward with the subpoenas. He called it reasonable to believe that House Speaker Nancy Pelosi will ask the White House to reconsider its use of executive privilege in the dispute.

On another topic, Litt and Culvahouse said Obama probably will seek to declassify more Justice Department legal memos _ as well as documents across the federal government _ than did the outgoing GOP administration.

It's safe to assume that "a serious review of the classification system is on the table," Litt said.

Culvahouse added, "It's simply good government for (legal memos) to be open to review as much as possible."

Comments

[gap08]

Well, love him or hate him, the time is coming near to say goodbye to George W. Bush. I would like to extend an invitation to anyone who has something to say to this President to post an open letter to GW at http://goodbye.us . This is a project to essentially create a time capsule of feelings and thoughts about the outgoing administration. So please, check it out and share!

[RTIII]

If I were the new President, I would have the new Attorney General thoroughly investigate all alligations of crimes in the previous administration.

I would do this NOT as a political act of partisanship, but as a necessary act of healing for the nation. We cannot move beyond Junior and heal as a nation until ALL of the allegations of illegal activity have been thoroughly investigated, through a public, open process, and ALL crimes committed prosecuted to the fullest extent of the law.

ANYTHING short of this will leave the nation wounded and it may never fully heal - we will all surely be gone before these crimes are forgotten; the question is, will we have healed before then?

Remember, if we are indeed a nation of laws as our founders proscribed, then we must FOLLOW the laws, and we must especially with those at the very top enforce the laws no less vigorously than we do the petty thief.
.

[lochnessmonster]

Great Photo, Bush in the dark, Obama in the light!

[PT6]

Lets hear from ROVE!

That is the #1 person we all hope to hear from in front of Congress!

[WeBLQQking]

Well Obama better not start kissing backside Now, Full power ahead I think is very necessary in this situation. If he lets this Go we have been unjustifiably assaulted and I will be Pissed! I want to take these Fools down and he has to be the one to Do it or it will never get done.

So everyone start writing letters and making phone calls to your congressmen and Senators!
I do not like the fact they are even considering to let Lieberman stay in there.
It is Time to CLEAN HOUSE President Obama ! Do it Right from the Get Go!
I am not asking , I am demanding. This can not be let Go!

[mydogshakespeare]

Why deal? Make them testify, in public, under oath, with transcripts so that the TRUTH CAN BE KNOWN!

[dhertzfe]

NO DEAL!!! Immediate arrest of all parties for war crimes and acts of treason! The people demand it!

[rollingdivision]

Only a fool would testify without full unconditional immunity. Short of that neither should.

[RTIII]

Doing that's a crime; obstruction of justice.
.

[hugs4u]

After Obama is sworn in, one of the first things he should do is turn gw bush and cheney over to the world court for trial on their war crimes.

[enlighteninglad]

The right would go ballistic! Better than a 4th of July celebration. I say go for it.

[ohmercy]

yeah, good luck with that-

maybe you haven't been paying attention but O and Cass Sunstein, a good friend and advisor of his have pretty much cancelled any idea of prosecution- Sunstein going as far as to say "we don't want to criminalize public service.

I don't care if they get immunity but I DO want them shamed publically in front of the wholoe world.

Can't say I didn't expect that there would be some wheelin' and dealin' going on behind the scenes in order to protect the power.

pffftttt.

[RTIII]

I don't want them criminalizing public service, but I _do_ want them _prosecuting_ those that did!
.

[Retrofuturistic]

I would like to see that as much as I would like to see impeachment, but I'm not holding my breath....

[RTIII]

I would if I were him.

NOT as a political act of partisanship, but as a necessary act of healing for the nation. We cannot move beyond Bush and heal as a nation until ALL of the allegations of illegal activity have been thoroughly investigated, through a public, open process, and ALL crimes committed prosecuted to the fullest extent of the law.

ANYTHING short of this will leave the nation wounded and it may never fully heal - we will all surely die before these crimes are forgotten; the question is, will we have healed before then?

Remember, if we are indeed a nation of laws as our founders proscribed, then we must FOLLOW the laws, and we must especially with those at the very top enforce the laws no less vigorously than we do the petty thief.
.

[NWBrunette]

Shredders & Pardons, Shredders & Pardons, Shredders & Pardons - the new GOP mantra for the next couple months.

[lagumbo]

To PRESIDENT OBAMA no deals for the criminals. The american people deserve their justice.

[Hawka]

He's SPECULATED to be making a deal with the DEMOCRATS, read the whole article already.

[scooperss]

No, he isn't and no, it doesn't say that.

[edwarvir]

Just to know they are shaking and quaking in their
skeevies for a little while before he pardons them
is some comfort.

[enlighteninglad]

What didn't elude the Bush Administration?

I really hope he doesn't give away the store on holding these people accountable. I want justice for our Constitution.

[SunshineDaydream]

motto of the outgoing administration: shred baby shred

[mero909]

Lawl! Obama is going to make deals w/ the Bush Administration. I knew he'd do it. In the media, these guys are all enemies, but great friends behind closed doors. American politics are hilarious!

[JSDKoeln]

ummmm you are just being manipulated by the press. I would say... wait and see before making an irrational accusation. I'm glad O won... but I am definitely waiting and seeing what comes to play. He's a constitutional lawyer. Personally, I think he's going to turn it all over to the legal process. And, no... it's your delusion. O hates Bush. I know that 4 a fact.

[XME]

"Litt said, Obama more likely will hammer out a compromise for Democrats to get at least some of the information they want. Litt said it would likely be done without forcing the subpoena issue that could set a long-lasting precedence for future White House dealings with Congress."

It has nothing to do with Obama being "friends" with Bush. He's just not stupid and get that NOT making some kind of deal could keep the info secret and the issue tied up in court for decades! At least he's making an effort to get this info...in a TIMELY manner!