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Topic: So. Executive Privilege
Ja'Deth Issar Ka'bael
I posted in a title changing thread.
posted 07-23-2007 08:18:18 PM
The general gist of the situation at hand today, as I understand it, is that Congress wants to pull these two people who worked on the issue of firing these Justice Department duders. The White House said they can testify, but only in a private session, and there can be no records of what is said (no recordings, no handwritten notes, no smoke signals, no creative tattoos, etc). Congress (or more to the point the committee handling oversight on the Department of Justice) has said that if they agree to those standards, there may as well be no oversight whatsoever and have said it's therefore unacceptable. White House then said that they were going to exercise, wait for it, EXECUTIVE PRIVILEGE and keep these two people (one of them Harriet Myers, who was up for a spot on the Supreme Court) from testifying.

Congress then says they'll file Contempt of Congress charges, and the White House tells the DoJ that it's fine if Congress wants to file those charges, but no one in the executive branch (which the DoJ is part of) is to enforce or prosecute the Contempt of Court finding. Or as Andrew Jackson said (paraphrasing), "They can pass it, but let's see them try to enforce it," which is now leaving Congress with some tough choices, none of them particularly satisfying.

Congress still has the power of the purse...which is a rather blunt tool. Technically they could also impeach, but the Democrats are for whatever reason loathe to explore that option. Lastly, I heard that Congress has it's own bailiff or sheriff equivalent separate from the Executive branch that can go and ...I dunno. Arrest them or make funny faces at them or something.

Now I'm a pessimist. I'm fairly certain that this wussy-ass Congress will ultimately back down. They lack the political balls to force the issue.

I'm more interested, however, in the concept of Executive Privilege, and I'd like to have a discussion about it. Both Democrats and Republicans have invoked Executive Privilege. While it's not explicitly laid out in the founding fathers' Constitution, it's been accepted for some time that there is a de facto Executive Privilege implicit and necessary for the carrying out of a President's duties.

So the questions are...Is this President pushing the boundaries? Are there boundaries? What controls are there on the limits of Executive Privilege? Is there any real way to rein it back in shy of the options I mentioned above? I heard something about they could sue in court over it, but even if a Judge found in the favor of Congress, if the Executive Branch refuses to ENFORCE the Court's findings....

Lyinar's sweetie and don't you forget it!*
"All those moments will be lost in time, like tears in rain. Time to die. -Roy Batty
*Also Lyinar's attack panda

sigpic courtesy of This Guy, original modified by me

Maradon!
posted 07-23-2007 08:20:54 PM
No crime was committed, no crime is alleged. The duders were presidential appointments which may legally be hired or fired at whim without reason or justification.

This is political theater, nothing more, kinda like the whole Valerie Plame thing.

Ja'Deth Issar Ka'bael
I posted in a title changing thread.
posted 07-23-2007 08:53:12 PM
I should have mentioned earlier, but yes I agree entirely with you. Any potential value that could've been gathered from the legitimacy of the hearing was sabotaged by playing this ridiculous game to begin with.

I'm more curious about the actual extent of Executive Privilege, though.

Lyinar's sweetie and don't you forget it!*
"All those moments will be lost in time, like tears in rain. Time to die. -Roy Batty
*Also Lyinar's attack panda

sigpic courtesy of This Guy, original modified by me

Mightion Defensor
posted 07-23-2007 08:53:51 PM
I think the Democrats are saying that the firings themselves were political theater.

Some jokes, stolen from the Sunday comics:

Q: How many Republicans does it take to change a light bulb?
A: No one knows; they won't release that information.

Q: How many Democrats/Liberals does it take to change a light bulb?
A: No one knows; they won't stop crying over the broken bulb.

Tyewa Dawnsister
In Poverty
posted 07-23-2007 08:59:49 PM
quote:
A sleep deprived Maradon! stammered:
No crime was committed, no crime is alleged. The duders were presidential appointments which may legally be hired or fired at whim without reason or justification.

This is political theater, nothing more, kinda like the whole Valerie Plame thing.


Then there is nothing to hide, go ahead and testify.

This entire thing reeks from both sides, no one involved has clean hands. I think the administration is just trying to wag the dog so to speak. This entire ordeal could have and should have gone away months ago. But for the lack of a better target the Democrats keep trudging on.

As to the matter of executive privilege, I am not a constitutional expert but I can see why it exists. The Executive Branch cannot exist without oversight, but the President must be able to get candid and honest advice from his advisers. This privilege is not unlike that which exists between a lawyer and their client.

Now from my understanding this protection extends only to the President and Vice President in regards to conversations and documents that passed between them and their cabinet.

As to the actual legality of the contempt charges, on that I cannot even begin to guess. There is an ethical question though if the Department of Justice refuses to act upon those charges on orders from the White House.

It is all stinky and at the end of the day Maradon is right, as much as it pains me to say. About the firing of the prosecutors, that is, not about CIA leaks.

Tyewa Dawnsister fucked around with this message on 07-23-2007 at 09:01 PM.

"And God said: 'Let there be Satan, so people don't blame everything on me. And let there be lawyers, so people don't blame everything on Satan." - George Burns
Callalron
Hires people with hooks
posted 07-23-2007 09:24:23 PM
There was a recent article in Time magazine about the struggle between Presidents and Congress over Executive Privilege and the Federal Court's hesitancy to lay down definitive rulings on either side.

It might be an interesting read for you.

Callalron
"When mankind finally discovers the center of the universe, a lot of people are going to be upset that it isn't them."
"If you give a man a fish he'll eat for a day. If you teach a man to fish he'll just go out and buy an ugly hat. But if you talk to a starving man about fish, then you've become a consultant."--Dogbert
Arvek, 41 Bounty Hunter
Vrook Lamar server
Maradon!
posted 07-23-2007 09:50:42 PM
quote:
Over the mountain, in between the ups and downs, I ran into Tyewa Dawnsister who doth quote:
not about CIA leaks.

Richard Armitage confessed to being the originating leaker, and it's been confirmed by Bob Novak who wrote the article that started it all. Armitage is facing no charges.

He's facing no charges because explosing valerie plame was not a crime, because valerie plame was a desk jockey who hadn't had covert status for years.

Being a democrat doesn't hurt either, I guess.

political. theater.

Maradon! fucked around with this message on 07-23-2007 at 09:52 PM.

Azakias
Never wore the pants, thus still wields the power of unused (_|_)
posted 07-23-2007 10:13:03 PM
The funny thing about the branches of government.. the whole checks and balances thing...

See, Congress can pull funding. They wont do that because it would cause them to lose popularity (with a 14% rating, you cant afford to lose any) and impeachment wont work. They cant even get the votes to push through the liberal objectives they are trying to slip past everyone. They wont try impeachment because even though Bush is not a terribly popular president, he is still more popular than congress right now. It has a lot to do with the military. The president is all gung ho military, where the congress is antiwar. To many people, antiwar=antimilitary, and being perceieved as antimilitary is a very bad position nowadays. Just look at Kerry after his slip of the touch a year ago.

The judicial branch is the one who defines the executive privelige, I believe (correct me if I am wrong, I'm several years removed from US Government class in high school) because they define what is and what is not constitutional. Bush puts his judges in the high court. The court is definately going to back Bush. Much as we like to think all justice should be blind, when someone hands you a cushy government job, you arent likely to turn on the hand that feeds you, so to speak.

So the executive branch has the judicial branch virtually in its pocket, and without the judicial branch on its side, our ineffective congress has even less clout than it did before.

Really, Bush cannot be in a better position of power. Notice how congress always comes to HIM with compromise, rather than the other way around. Much as Pelosi, Clinton, and the other liberal senators grandstand, with the ratio of republicans to democrats in congress, they cannot really get anything passed if the president isnt on board 100%.

And for the record, Bush scares me with some of the shit he says, but I would be much more worried if many of the ideals of this congress actually came to fruition.

"Age by age have men stood up and said to the world, 'From what has come before me, I was forged, but I am new and greater than my forebears.' And so each man walks the world in ruin, abandoned and untried. Less than the whole of his being"
Gork
Pancake
posted 07-23-2007 10:19:55 PM
I didnt read anything in this thread, but I just want to say our government dosent fear us anymore, we need to start shooting politicians and government officials who are misrepresenting us.
Another Unsolved Mystery is goin' down in history.
Azakias
Never wore the pants, thus still wields the power of unused (_|_)
posted 07-23-2007 10:23:07 PM
quote:
Nobody really understood why Gork wrote:
I didnt read anything in this thread, but I just want to say our government dosent fear us anymore, we need to start shooting politicians and government officials who are misrepresenting us.

False.

After the immigration amnesty fiasco, I would say that our government has received a healthy dose of fear.

The thought of losing your job because you pissed off a few million people can put the fear into you real quick.

"Age by age have men stood up and said to the world, 'From what has come before me, I was forged, but I am new and greater than my forebears.' And so each man walks the world in ruin, abandoned and untried. Less than the whole of his being"
Gork
Pancake
posted 07-23-2007 10:29:56 PM
quote:
Azakias impressed everyone with:
False.

After the immigration amnesty fiasco, I would say that our government has received a healthy dose of fear.

The thought of losing your job because you pissed off a few million people can put the fear into you real quick.


You make a very stong point, let me retract what I said, and say instead; I couldn't be happier with the way the US government has handled things in the last 50 years. I feel that the will of the people is in harmony with the way our government goes about doing things.

Another Unsolved Mystery is goin' down in history.
Tyewa Dawnsister
In Poverty
posted 07-23-2007 10:29:56 PM
quote:
Maradon! was naked while typing this:
Junk

Unlike with firing of federal prosecutors, revealing the identity of Valarie Plame was indeed illegal.

Political Theater or not, that is the difference between the two.

This is an argument for a different thread though.

"And God said: 'Let there be Satan, so people don't blame everything on me. And let there be lawyers, so people don't blame everything on Satan." - George Burns
Malbi
posted 07-23-2007 10:32:53 PM
Im just waiting for what happens when he leaves office and how much baggage is going to be shoveled onto the next president
I Didnt ask to be Secretary of Balloon Doggies, the Balloon Doggies demanded it!
Azakias
Never wore the pants, thus still wields the power of unused (_|_)
posted 07-23-2007 10:35:02 PM
quote:
Gork was naked while typing this:
You make a very stong point, let me retract what I said, and say instead; I couldn't be happier with the way the US government has handled things in the last 50 years. I feel that the will of the people is in harmony with the way our government goes about doing things.

Thank you for taking my point too far. Though in your defense, I could have worded it better.

The government is not in morbid fear of the people, but they have felt a little of what it is like to have trepidation of them.

The public reaction to the amnesty bill was a turning point, in my mind, of how and when the government listens to the people. They used to largely write off the unwashed masses, but now that the same masses have discovered what a more or less unified opinion can do up on capitol hill, the politicians are probably fearing the average american taking it into their head to actually put forth the effort to help govern the country.

Which is how it should be.

"Age by age have men stood up and said to the world, 'From what has come before me, I was forged, but I am new and greater than my forebears.' And so each man walks the world in ruin, abandoned and untried. Less than the whole of his being"
Ja'Deth Issar Ka'bael
I posted in a title changing thread.
posted 07-23-2007 10:45:14 PM
quote:
Azakias had this to say about Duck Tales:
Stuff.

One of the reasons Congress' approval rating is so low is that they didn't stand up to Bush, which was a major campaign point for a lot of them. Personally I think they started screwing up from the get-go. I know impeachment wouldn't have actually happened, but taking the possibility off the table just defenestrated them all the more.

Likewise, I would think that a low approval rating for the President means more than a low approval rating for Congress. Keep in mind that Congress' approval rating seldom gets over 50% even in the best of times.

That having been said, Presidential cockups aside, what seems spooky about this is the fact Bush (and more to the point Cheney) have a longstanding interest in the expansion and retention of Executive Power that I find...troubling.

Lyinar's sweetie and don't you forget it!*
"All those moments will be lost in time, like tears in rain. Time to die. -Roy Batty
*Also Lyinar's attack panda

sigpic courtesy of This Guy, original modified by me

Malbi
posted 07-23-2007 10:47:43 PM
quote:
This one time, at Ja'Deth Issar Ka'bael camp:
One of the reasons Congress' approval rating is so low is that they didn't stand up to Bush, which was a major campaign point for a lot of them. Personally I think they started screwing up from the get-go. I know impeachment wouldn't have actually happened, but taking the possibility off the table just defenestrated them all the more.

Likewise, I would think that a low approval rating for the President means more than a low approval rating for Congress. Keep in mind that Congress' approval rating seldom gets over 50% even in the best of times.

That having been said, Presidential cockups aside, what seems spooky about this is the fact Bush (and more to the point Cheney) have a longstanding interest in the expansion and retention of Executive Power that I find...troubling.


One way or another History won't remember him well. Assuming we aren't all readin the history books of the Bush Dictatorship.

I Didnt ask to be Secretary of Balloon Doggies, the Balloon Doggies demanded it!
Skaw
posted 07-23-2007 11:17:29 PM
Why is Malbi so dumb
Mr. Parcelan
posted 07-24-2007 03:01:57 AM
quote:
Malbi had this to say about Reading Rainbow:
One way or another History won't remember him well. Assuming we aren't all readin the history books of the Bush Dictatorship.

As a second-rate citizen, you are hereby forbidden from posting in this thread again.

Ja'Deth Issar Ka'bael
I posted in a title changing thread.
posted 07-24-2007 08:23:20 PM
I find myself concerned enough to BE worried, but not so worried about the long-term prospect for continued democracy in the U.S. that I'm worried Bush will get TOO out of hand.

On the other hand, I do think this sort of asserted extension of power is going to cause all sorts of problems in the long-run in terms of reining in the chief Executive in the future, whatever his party.

Lyinar's sweetie and don't you forget it!*
"All those moments will be lost in time, like tears in rain. Time to die. -Roy Batty
*Also Lyinar's attack panda

sigpic courtesy of This Guy, original modified by me

Malbi
posted 07-24-2007 08:42:32 PM
I CANNOT READ

Mr. Parcelan fucked around with this message on 07-24-2007 at 09:19 PM.

I Didnt ask to be Secretary of Balloon Doggies, the Balloon Doggies demanded it!
Noxhil2
Pancake
posted 07-24-2007 11:14:57 PM
The president isn't really out of line refusing to allow his aides to give sworn testimony. The Supreme Court has supported, in general, the idea (and practice) of executive privilege many times, and unless congress has some evidence of the firings being illegal in some way, (hint: federal attorneys soley exist at the will of the president) then the president is legally justified.

I'm pretty sure the firings were politically motivated, and I suppose democrats in congress think that would be embarrassing for the president to have exposed, though I have no idea why, as this president is completely oblivious to public opinion.

I wish our legislature would grow some balls and punish the president, but that won't happen. All they do in grandstand anymore. He can probably keep stonewalling them with executive privilege until his term of office expires. Or they can start removing funding for things he doesn't let them examine, which they won't do.

Malbi
posted 07-25-2007 02:03:31 AM
THIS IS MY LAST WARNING

BOY WON'T EVERYONE BE EXCITED WHEN A CREEPY PEDOPHILE GETS BANNED

Mr. Parcelan fucked around with this message on 07-25-2007 at 03:37 AM.

I Didnt ask to be Secretary of Balloon Doggies, the Balloon Doggies demanded it!
Callalron
Hires people with hooks
posted 07-25-2007 02:33:28 AM
quote:
Malbi had this to say about Matthew Broderick:
I still feel that there will be a diminishing in the power of the Executive branch after Bush's presidency ends.

No, there won't be, and let me tell you why. Doing things like that has a nasty habit of coming back to haunt you further on down the road. Viz; the Republicans were really in favor of the Constitutional amendment limiting the President to two terms in office. After FDR's four straight terms in office, it was a natural and understandable reaction.

Fast forward 40 years and the Republicans now have a popular president who could've run for and won a third term. Some in the Republican party were kicking themselves over term legislation.

Talking about limiting the powers of the President is all well and good, but really depends on whose ox is getting gored when you talk about it.

Callalron
"When mankind finally discovers the center of the universe, a lot of people are going to be upset that it isn't them."
"If you give a man a fish he'll eat for a day. If you teach a man to fish he'll just go out and buy an ugly hat. But if you talk to a starving man about fish, then you've become a consultant."--Dogbert
Arvek, 41 Bounty Hunter
Vrook Lamar server
Blackened
posted 07-26-2007 02:09:42 AM
quote:
Malbi.
THIS IS MY LAST WARNING

BOY WON'T EVERYONE BE EXCITED WHEN A CREEPY PEDOPHILE GETS BANNED


Malbi is like a shitpost human shield, every time someone is about to make a bad joke or unnecessary post he dives in and takes the bullet.

Although my distaste for you as a human being is brobdingnagian,
what I'm about to do isn't personal.
All times are US/Eastern
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