Political Opinion: Attorney General Mukasey Proves Himself As Feckless And Lacking in Integrity As Gonzales. He Refuses to Carry Out Statutory Duties
DOES THE RULE OF LAW HAVE A CHANCE IN WASHINGTON?
On February 28, 2008 House speaker Nancy Pelosi Sent Attorney General Mukasey a letter requesting that he order the U. S. Attorney for the District of Columbia to enforce the House Resolution citing Harriet Miers and Jeffrey Bolton for criminal Contempt of Congress.
Ms. Miers, a former Counselor to the President and Mr. Bolton, White House Chief of Staff, were cited by a House contempt resolution for failure to respond to subpoenas for Mier’s testimony and for Bolton to produce documents concerning the Judiciary Committee’s investigation into the dismissal of 7 U.S. Attorneys.
The dismissed U.S. Attorneys alleged they were dismissed because they refused to bring invalid actions against political candidates for corruption and for voter fraud. The 7 U.S. Attorneys had previously been appointed by the Bush Administration and now were being dismissed mid- term for refusing to bow to political pressure from the White House to indict candidates adverse to the administration or bring voter fraud cases to inhibit Democratic turnout in close elections.
Mukasey wrote back to Speaker Pelosi that he would not order the U.S. Attorney to enforce the House Resolution because the parties in question claimed executive privilege and therefore a crime had not been committed.
Neither Miers nor Bolton had appeared before the Committee and claimed the privilege on a question by question basis or provided a privilege log listing the document and stating the grounds for application of the privilege. This is a statutory procedure to claim testimony or documents as privileged.
Miers and Bolton’s failure to appear in person and their claim of executive privilege, by letter, as to all communications including ones between the White House and the Justice Department or the White House and third parties is clearly not covered by executive privilege. Communications between Ms. Miers and the President may be privileged depending on the nature and type of communication. No allegation was made in correspondence between the Committee and the White House that the subpoenaed documents or testimony was related to advice given the President and therefore it is unlikely the privilege would apply.
Also even in instances where the privilege might apply there is a balancing test weighing the need for privilege over the need for the information to formulate necessary legislation.
Mukasey has a statutory duty to enpanel a grand jury for the investigation and enforcement of a Congressional Contempt citation.
In refusing to honor the citation at the request of Speaker Pelosi he is in violation of the law and probably himself in Contempt of Congress.
Thus he is a feckless lackey of the Bush Administration like Gonzales.
The House Judiciary Committee thorough the House General Counsels office has filed a Civil Contempt Complaint for Declaratory and Injunctive Relief against Miers, individually and Bolton as custodian of White House records. The case is filed in the Federal District court for the District of Columbia and Assigned to Judge John D. Bates who was appointed to the Federal bench in 2001 by George W. Bush.
Prior to his appointment Bates served as a Deputy Counsel to the discredited Kenneth Starr in the Whitewater Investigation. Further he dismissed Valerie Plames civil suit for damages against Cheney, Libby, Rove and Armitage for the disclosure of her identity as a CIA agent. This despite the Supreme Court ruling that even a sitting president could be sued civilly in the Paula Jones case. She sued Clinton for sexual harassment.
The disgraced Kenneth Starr used the discovery in Jones’s case as support in his witch hunt against the Clintons. Starr proved himself to be a man without self respect or integrity in that matter. Mukasey and Bates appear to be other diehard Bush loyalists cut from the same cloth as Starr. .
Thus the partisan fecklessness continues in the Justice Department and apparently in the judiciary. The members of both bodies are sworn to impartially uphold the laws and Constitution of the United States.
It looks like it will be a long time before the subpoenas will be enforced or the rule of law will prevail in this matter.