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
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.
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....
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
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.
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.
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.
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
(847) 914-2500
----------------------------------------------------------------
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: 617-574-5512
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
(314) 515-3265
E-mail: john.boul@edwardjones.com
----------------------------------------------------------------
Hyundai 800-633-5151
----------------------------------------------------------------
Direct Buy 800-988-6049
----------------------------------------------------------------
AARP 800-852-0879
----------------------------------------------------------------
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.
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 !!!