Contempt DOA? Maybe Not. Here's Pelosi on Tape.

An AP report just out:

Judge reluctant to wade into White House subpoena fight Congress was trying to be diplomatic when it brought an unprecedented lawsuit to settle its subpoena fight against the White House, a lawyer told a federal judge Monday. After all, lawmakers could've just arrested the president's former lawyer for refusing to testify.

The judge's response?

Maybe they should have.

Essentially, the judge (a Bush appointee) said the same thing we've been saying. Congress should have used its own powers to hold the Josh Bolton and Harriet Miers in inherent contempt. Congress should have taken it upon themselves to enforce their own subpoenas.

It gets better:

The judge spent much of the time, however, talking about whether he should issue a ruling at all.

"Both sides have the same argument," Bates said. "Whether I rule for the executive branch or I rule for the legislative branch, I'm going to disrupt the balance."

The article ends with this:

Bates suggested that the two sides might still settle the dispute before he rules, avoiding a final court showdown altogether.

That hinted at one option the judge has that could pre-empt his own ruling: He could order both sides to negotiate further and, if nothing came of it, Bates could just put the case on a shelf until the end of the year. When the new Congress begins its term in 2009, the subpoenas essentially vanish and the case would be moot.

So... our fearless Democrats will have once again engineered a Bush steamrolling.

Except maybe not.

Call me a cynic, but I anticipated this exact sequence of events on a conference call with Nancy Pelosi several months ago.

Let's go to the tape:

Yeah, I didn't like it either when she laughed after I mentioned inherent contempt. And I'm not sure this article bodes well for the period in which Obama is going to bring us all together and help us "heal".

But at least we have Pelosi on the record.

If she breaks her word, it won't be the first time a politician was a little less than truthful with us, but for those of us that really want to see the bad guys get what they deserve... well, letting contempt slide will be a really, really disappointing turn of events.

Comments

[fairwitness]

By taking impeachment "off the table" Pelosi did as much damage to the Constitution as Bush. SHE should be impeached.

[MissingAmerica]

Democrats. This is a Democracy. Our Constitution says we should impeach those who would harm this country. Bush and Cheney have done that a million times over; do your duty for this country and impeach NOW.

[thatvisionthing]

You need a transcript, I can't understand her.

[Sundialsvc4]

The Constitution is a tiny, handwritten text that says a great deal in one sentence, like ...

"Any civil officer .. SHALL BE Impeached .."

Bingo: a positive, affirmative legal duty is thus imposed upon the Congress of the United States; a law enforcement duty that it cannot, per the "supreme law of the land," dismiss or disregard or indefinitely postpone.

Either law is enforced or law does not exist. And that makes me one of more than 300 million Plaintiffs.

You swore to uphold and to preserve.

[fungeezer]

C'mon, Dems, stand up for the Constitution as you are required to do by taking your oath of office!
There are no if, buts or maybes, either there is a constitution you support or there is not. The whole country is watching very closely.

[GrainOSand]

Is it me or does there appear to be two sets of rules, one for the rich, powerful, and politically connected, and another set for everyone else? If ever one is subpoenaed, should one comply based on the example set by those in government? It makes you wonder. I do not care about fascism versus democracy, just do not lie to me and tell me I am living in one, when it is clear I am living in the other. I cannot stand hypocrisy!

[research]

Pelosi and the DLC DINO dems are so focused on winning at any cost, that they dare not make a step that doesn't lead to winning. They live in fear of making a mistake. This is debilitating.

Kucinich and the progressive dems do what is right, and trust that winning will be the result. Thus Kucinich is able to act and bring 35 articles of impeachment.

[creasdp6]

Anyone here live in SF? Even if you don't go here and contribute
http://www.cindyforcongress.org/
If Pelosi is out of office, she sure can't be Speaker.

[brizzle]

Yes, yes, yes. Show Pelosi the consequences of her quiet supplication...send her home!

[research]

Please Help Cindy oust Pelosi!

These DINO's have to go! Rahm, the DLC.ORG the pro war dems...Out!

[thatvisionthing]

Come on San Francisco!!!

[MozKrew211]

Pelosi has been an embarrassment.

[JiminNC]

January 2009.

[demfriend]

I would rather the democrats tried and failed than never tried at all. If they were to even put up a fight to show us they want to protect the constitution and us it would be better than the continuing falling over whenever the republican blow hard at them. It is time to start the processes and make these crooks come out and play. Scott M set it up for them and all they have to do to gt these people in the door is a strong arm and nerve. Bush is not such a strong guy that he can stop this process. cheney though might be smart enough to cover hs butt though.

[MsLiz]

Come on Nancy, arrest Harriet and Karl. Do it just before July 4, let them spend Independence Day in the basement.

[pigsatthetrough]

The voices that won't be heard. That is the title of the next book about to be written in America. The beginning of the end for the Bush cabal, was supposed to have been in 2006. However, it is only the end of the beginning for more ineffective, non sincere Democrats to begin their power march. Nothing we believe in, including a congressional dismemberment and coherent action against the bush cabal for their actions, will transpire. The Democrats are not about listening and acting upon the voices of the electorate. They are about getting elected and staying elected. The election of Obama will mean nothing, unless Congress immediately steps up to the plate and stops supporting Bush led lies. Facts speak for themselves, more money for the war, no spine to bring contempt actions to a conclusion. Add to this the potential leader showing misdirection already, in areas of FISA and immunity, NAFTA, and source of money for election campaigns. How sad this is, from the leader of change we can believe in. The Democrats believe they can silence all with their stories, get elected, and continue business as usual. Our voices will not be heard, and even if they are nothing said will be acted upon. Pelosi be damned!

[jcorrington]

well said pigs

[Rule Of Law]

. They are about getting elected and staying elected.

And also, apparently, using the same illegal and Unconstitutional powers that Bush has given himself, rather than restoring the rule of law.

[rmreddicks]

Yes, I wonder if the democrats have realized how badly they've played their aces & eights? Perhaps they don't really mind. They certainly don't mind their constituents. Oh, sweet oligarchy.

[ohmercy]

Wish there was a transcript with this.

sigh.
does it mean she is going to put impeachment back on the table?
;-/

[Citizen54]

Pelosi must go.
How do concerned citizens make that happen?
What does it take to elect a new Speaker?

I've written to my congresswoman several times about Pelosi but I suspect it's not at the top of anyone's agenda.

[brizzle]

Move to SF and vote for Cindy Sheehan. That will put Pelosi out of a job.

[Budh]

Why not just have a recall movement or the best thing is for voters in San Francisco to vote for Cidy Sheehan and get this woman Palosi out of office.

[Economike]

Cindy