Karl Rove's Contempt for the Constitution and the Public's Right to Know

Update: As expected, Rove defied the House subpoena and failed to show up for his scheduled testimony. Rep. Linda Sanchez ruled that his claim of executive privilege was invalid, setting the table for a possible contempt vote next week. Stay tuned.

Original post:

Karl Rove ain't coming. And he ain't talking. Except on Fox News.

Despite being subpoenaed by the House Judiciary Committee to testify on his role in politicizing the Justice Department -- and in using the Department to selectively prosecute Democratic officials -- the erstwhile Boy Genius has announced that he won't be showing up at tomorrow's scheduled hearing.

He claims that the president's assertion of executive privilege "obligates" him to disregard the Congressional order.

By doing so, Rove is thumbing his nose at Congress, legal precedent, the public's right to know the truth -- about, among other things, the firing of nine U.S. attorneys and the blackballing of Justice Department hires -- and the Constitution.

In 1776, Thomas Paine -- America's first blogger -- wrote in Common Sense: "in America the law is King. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other."

But throughout its seven-plus years, the Bush administration has demonstrated an unwavering belief that it is above the law and a deep-rooted disdain for checks and balances, and the Constitutional imperative of coequal branches of government.

Rove's refusal is, of course, part and parcel of the Bush White House's ongoing efforts to keep its actions cloaked in secrecy. But beyond that, it is further evidence that for Bush/Cheney and company the ultimate power in America lies in their hands, not in the hands of the people or the laws that govern us.

This is no petty partisan squabble; this is a fight about the foundations of our democracy.

Writing in Slate, David Iglesias, one of the U.S. Attorneys Rove may have had a hand in firing, carves up Rove's executive privilege claim, pointing out that in the landmark case of United States v. Nixon the Supreme Court unanimously held that executive privilege is not an absolute right:

The court noted that "military or diplomatic secrets" of an administration would be given "utmost deference." But the court was simply unwilling to go further to extend this high degree of deference merely to protect "a president's generalized interest in confidentiality."

So surely no Court -- not even the Roberts court -- would extend the privilege to protect political gamesmanship designed to build a permanent majority.

True to form, Rove has offered to meet with the Judiciary Committee -- but only in private, without being under oath, and with no transcript kept. Shades of the conditions imposed on the 9/11 Commission by Bush and Cheney, who only agreed to meet with the Commission members in tandem and with no record kept (indeed the members' notebooks were confiscated).

Rove has already been cited for contempt by the Senate Judiciary Committee for refusing to testify about the U.S. Attorney scandal. Since that time, he has landed high-profile gigs with Fox News and Newsweek. Maybe he figures this round of refusal will land him his own show.

So what will happen tomorrow when Rove refuses to show? Judiciary chair John Conyers and Linda Sanchez, chair of the Commercial and Administrative Law subcommittee, have threatened to subject Rove to "contempt proceedings, including statutory contempt under federal law and proceedings under the inherent contempt authority of the House." In theory, according to the Congressional Oversight Manual, Rove could be arrested, "brought before the House or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned in the Capitol jail."

But that's not going to happen. Odds are the Committee will move to hold Rove in contempt. The matter will then be turned over to the Justice Department -- the same Justice Department Rove is accused of politicizing -- which will likely do the same thing it has done with Harriet Miers and Josh Bolton, i.e. nothing. The matter will then be tossed to the courts... and Rove will go on pontificating on Fox and advising John McCain. Pretty sweet set up.

But none of this should stop the media and the public from keeping the pressure on Rove, on the White House, and on Congress. And the media organizations that have embraced Rove should be reminded on a regular basis that he is not a pundit worthy of our attention, but a Constitutional scofflaw worthy of our scorn.

A final thought: yesterday, a rumor that Nancy Pelosi was trying to block Conyers from holding Rove in contempt swept across the blogosphere. People were up in arms, with numerous calls for Congressional phone lines to be clogged with protest and rebuke. The trouble is, the rumor wasn't true. It's a reminder that as we rightly laud the ability of the Internet to galvanize citizens, and as we figure out the new rules of engagement, we don't toss out some of the old rules that have served us so well. Such as picking up the phone and calling the subject of the rumor. Or the subject's press secretary. Which is how the Pelosi rumor was finally -- and easily -- killed.

Follow Arianna Huffington on Twitter: www.twitter.com/ariannahuff

Comments

[regellner]

05:26 PM on 07/14/2008

I just hope that Congress will start to hold the Bush administra­tion accountabl­e for the damage it has done to the Constituti­on. If Congress does not do this, then the american people should hold Congress accountabl­e for their compliance­.

[jneems]

10:56 PM on 07/12/2008

So Karl Rove has left the country on a sudden, extended, long-term trip without notifying the Judiciary Committee in advance. Nor did his lawyer mention this to the Committee. He just ran. If they don't get him for contempt of court on this, then there is no justice in this country.

[abluevoice]

07:13 PM on 07/12/2008

If ever Bush's abuse of power using executive privilege to cover up every probable criminal act, of his administra­tion, needed to be challenged it is over Rove not answering a Congressio­nal supeona.

But wait and see absolutely nothing will happen. If Obama had the leadership potential he says he has or Hillary, or Biden or Richardson or Pelosi, or Reid or the Democratic Party they would take down Rove, and challenge Bush on his abuse of power and Executive Privilege in this case.

But absolutely nothing is going to happen to Rove. I will vote for Obama in November but I will be holding my nose as I do it.

[ShamusNYC]

06:20 PM on 07/12/2008

Unfortunat­ely, nothing will happen until there is some participat­ion & support from the other side of the aisle - you know, the same people who moved to impeach Clinton over a personal matter on a personal vendetta led by Newt Gingrich (who is a hypocrite, in that he was also having an affair).

Until that point, there will be few democrats who want to publically 'rock the boat' - currently, the chances are looking good for Obama & down ticket and they fear a backlash.

Maybe some more spine will appear after the election?

What a shame....

[RoseMerry]

04:41 PM on 07/12/2008

Hopefully, Rove is about to leave the stage and lose all influence over the White House--in 191 days. It is no surprise that he has no respect for the Constituti­on. But Barack Obama's recent support of King George VIII's recent retroactiv­e warrant wiretap bill and other sign of betrayal have me worried...­and very angry. And Pelosi is unfit for public office.

[researcher]

03:38 PM on 07/12/2008

same things were said about vietnam by the war mongers.

we will leave iraq like we did vietnam

obama will stay there for years

wants to increase the military

it is an american paradigm to be a super power

power corrupts and super power status really corrupts

can see this in american paradigm, we are living thru that corruption now

even in our chruchs and sermons

in fact the evangels are the worst of the war mongers

favorite saying of the evangels: better to kill them over there then fight them over here

heard the same thing about the vietnamese

we borrow from communists­, socialists­, and kings and steal all of social security and still think we have the best economic system in the world

that is how powerful paradigms are

[Anonani]

02:53 PM on 07/12/2008

I just want know when did the House Judiciary Committee get neutered?

[interventor]

05:17 PM on 07/12/2008

Rove , as a citizen, is free to depart and enter the nation without notifying Congress a forehand.

He had already informed the House Judiciary Committee that he refused to testify, as is his right. While Congress does have investigat­ive powers, it has no power to enforce subpoenas due to a small item referred to as the Constituti­on. Congress is forbidden to issue bills of attainder to imprison persons.

If Congress wishes to enforce their presence and testimony, it must apply Attorney General for DC, to apply to the courts. First, by committee vote, then, by a vote on the House floor, Congress may request a subpoena demanding his appearance­. The House has yet to vote on the floor for the subpoena. Equally, Rove has the right to present to the court why he believes he should not testify. Executive privilege will be his most likely defense. Rather disturbing so many think Congress may operate as a Star Chamber separate from the other branches.

[neecy]

09:08 PM on 07/12/2008

Good one, Anonani!

[MSB]

02:38 PM on 07/12/2008

I honestly feel that if Congress does not put Karl Rove in jail, and begin prosecutin­g this administra­tion for its numerous crimes, there is really no reason for any American citizen to abide by federal law any longer. It is becoming increasing­ly clear that the federal government is only interested in the American citizen as a financial battery to fund the money laundering institutio­ns that it defends with a military that we also fund. (I want to make clear that the troop ARE doing their jobs admirably. It is their leadership which is corrupt.) Patriotism is invoked as a way of shouting down very genuine criticism. It stifles real democracy.

I'm absolutely tired on hearing what Congress is about to do. This is an absolutely impotent institutio­n which gives the veneer of legitimacy to what is, in effect, a government run by bank-robbe­rs and embezzlers­. Most of these people belong in prison. These criminals do not represent my interests at all.

When prosecutio­ns against the criminals in the Executive Branch begin, I will temper my anger and remarks, until then, the first governor, senator or representa­tive which runs on California secession will likely have my vote. California needs the federal government about as much as a fish needs a bicycle.

[lisakaz2]

02:10 PM on 07/12/2008

Apparently we need a bunch of librarians in Congress to show the way here. Congress is being dared to do its job? When will it?

[MissKaren]

07:46 PM on 07/12/2008

Librarians or libertaria­ns????

What do nice little old ladies in demure dresses who recommend books have to do with it?

Wait, maybe a lot. Rove and Co. endangered the Constituti­on that made it safe to go into a library.

[Obama4change]

02:06 PM on 07/12/2008

I am really sick of the pass McCain is getting especially by the MSM. Most of us do not watch FOX News anyway, but we should let the sponsors know that we are not going to buy their poducts. The biggest offender after FOX NEWS is CNN. This is the latest list that I could find. If anyone out there has a more recent one, please pass it on. In addition, stop watching it ! Great job Arianna and Huffpost
Here is a list of companies who advertise on CNN program:
----------­----------­----------­----------­----------­----------­----
Walgreens Media Relations
Mary Shultz, Walgreens Manager, Broadcast Media: 847-914-29­61
200 Wilmot Road
Deerfield, IL 60015
[phone]
----------­----------­----------­----------­----------­----------­----
Lexmark x2 859-232-22­21
Director of Corporate Communicat­ions – Lexmark
Tim Fitzpatric­k
tfitzpat@l­exmark.com
----------­----------­----------­----------­----------­----------­----
Liberty Mutual 617-357-95­00
John Cusolito, Vice President, Corporate Communicat­ions – Liberty Mutual
Phone: [phone]­12
Email: john.cusol­ito@libert­ymutual.co­m
----------­----------­----------­----------­----------­----------­----
Yellowbook 1-800-YB-Y­ELLOW
http://www­.yellowboo­k.com...
----------­----------­----------­----------­----------­----------­----
Lazyboy
http://www­.la-z-boy.­com/c...
----------­----------­----------­----------­----------­----------­----
Lending Tree 800-555-87­33
Allison Vail - Manager of Corporate Communicat­ions – Lending Tree
704-943-83­39
allison.va­il@lending­tree.com
----------­----------­----------­----------­----------­----------­----
Edward Jones 314-515-32­69
John Boul, Manager of Global Media Relations of Edward Jones
[phone]
E-mail: john.boul@­edwardjone­s.com
----------­----------­----------­----------­----------­----------­----
Hyundai 800-633-51­51
----------­----------­----------­----------­----------­----------­----
Direct Buy 800-988-60­49
----------­----------­----------­----------­----------­----------­----
AARP 800-852-08­79
----------­----------­----------­----------­----------­----------­----

[Redrover666]

06:25 PM on 07/12/2008

These companies have a department that they send politicall­y motivated boycott demands, threats and complaints like yours. It is usually located in the back of the building and has a large metal lid.

[luziannagirl]

10:02 AM on 07/16/2008

RR666

Perhaps.

But they certainly take notice when their sales revenues decline because fewer people are buying their products and services, for whatever reasons.

Americans are pissed, in case you haven't noticed.

[stimpy]

02:04 PM on 07/12/2008

Is there any means by which we the people can sue/charge­/what-have­-you the Roves of the world, and just leave Congress out of it? Some sort of class action civil suit? Or or or?

[JTyroler]

01:13 PM on 07/12/2008

Unfortunat­ely, it's not only Bush, Cheney and Co. who appear to have contempt for the Constituti­on - much of Congress seems to also hold the Constituti­on in contempt. Whether it is not holding impeachmen­t hearings, the FISA bill, or any one of countless other duties they have failed to do - this has been a sad period to be an American.

[antworks]

12:51 PM on 07/12/2008

This story is relevent, but it's getting old with me. Why? Because Congress seems to do nothing but talk and complain about this administra­tion's disregard for the letter of the law! Rove, Meier, Libby, Chaney and Bush etc., etc. Come on people, either Congress is going to have Rove and Meier arrested for contempt or they will not. Why all of this deference to an administra­tion and president that constantly shows you (Congress) practicall­y no respect? As one of the peons (i.e., an average, everyday American concerned about the direction my country is going in), these shameful acts on the adminstrat­ion's part and Congress' lack of the use of its enforcemen­t powers demonstrat­es that the letter of the law only applies to us peons. Criminal politician­s and their cronies get a free walk! [ Yea, yea I can hear the critics now. What about Cunningham­? He was a pig and glutton. He fell victim to one of the seven deadly sins. Now, he as plenty of time to think about the errors of his ways. Bush, Cheney, Rove et al have caused the deaths of tens of thousands of people in this illegal war! Cunningham wanted steak for his already too big stomach. Bush and Cheney wanted blood to run in the streets for the pain someone caused the U.S. on 9-11. The problem is Bush et al have spilled the wrong (people's) blood. Where's Bin Laden? Does Bush care? I wonder..

[LeonBNJ]

12:47 PM on 07/12/2008

I believe his high bucks lawyers (paid for from his own or other right wingers pockets) told him not to show up as probably would have to plead the 5th Amendment - something he can legally do - so why bother to show up ? He is going to fight this if necessary to the Supreme Court, which will probably wouldn't happen until after the General Elections and then Bush pardoning him.

[Okieborn]

12:45 PM on 07/12/2008

Arianna,
I would like to thank you for your open and honesty policy !!
It seems most of the cable news comments are very low key about Karl Rove ,the whole Bush administra­tion, see the law and the citizenry of this country as nothing but throw rugs to wipe their feet on !!
I bet that Bush, Rove and Cheney and the rest will walk away from this mess and just say adios and that will be the end of it.
Please let me also comment on the elderly lady with the Mccain = Bush sign .
The police looked so ridiculous removing her from the Mccain gathering.
God help us if this jerk wins the Presidency !!!