No, you back down.

“As the letter from the Acting Attorney General explained in considerable detail, the assertion of Executive Privilege here is intended to protect a fundamental interest of the Presidency: the necessity that a President receive candid advice from his advisors and that those advisors be able to communicate freely and openly with the President, with each other, and with others inside and outside the Executive Branch.” Dubya invokes executive privilege again in response to the Leahy/Conyers letter of a week ago, prompting further outrage among congressional Dems and increasing the likelihood of a protracted legal standoff. “Speaking on the floor of the Senate Monday afternoon, Leahy blasted what he called ‘the White House disdain for our system of checks and balances.’ ‘What is the White House trying to hide by refusing to hand over this evidence?’ he said.

Scooter Laughs Last.

“I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive…The Constitution gives the president the power of clemency to be used when he deems it to be warranted. It is my judgment that a commutation of the prison term in Mr. Libby’s case is an appropriate exercise of this power.” So, once again, we see what “restoring honor and dignity to the White House” means to these jokers. As y’all know, the main bit of news this past week, the 231st anniversary of our independence from the perversity of monarchical prerogatives, was that Dubya the decider chose to commute White House consigliere Scooter Libby’s sentence of 30 months in prison for lying to the American people. (Said prosecutor Patrick Fitzgerald of the decision: “It is fundamental to the rule of law that all citizens stand before the bar of justice as equals.” For their part, the GOP are crying Marc Rich.) To be honest, I’m not sure what’s worse: the fact that, in flagrant defiance of both our judicial process and the public’s very real ethical concerns about this administration, Dubya actually let his guy off the hook…or that, given all we’ve seen from this gang over the past seven years, his shameless decision ultimately wasn’t all that surprising.

Leahy/Conyers: Not so Fast.

“We had hoped our Committees’ subpoenas would be met with compliance and not a Nixonian stonewalling that reveals the White House’s disdain for our system of checks and balances…The veil of secrecy you have attempted to pull over the White House by withholding documents and witnesses is unprecedented and damaging to the tradition of open government by and for the people that has been a hallmark of the Republic.” In a “barbed” letter to the administration, Judiciary Committee Chairmen Conyers and Leahy demand that Dubya explain his rationale for executive privilege (which he invoked earlier in the week to thwart subpoenas concerning the persecuted prosecutors case.) Thus far, the White House has described the letter as “another overreach.

Shields Up.

“‘This is a further shift by the Bush administration into Nixonian stonewalling and more evidence of their disdain for our system of checks and balances,’ said Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee. ‘Increasingly, the president and vice president feel they are above the law.'” The Dubya administration invokes executive privilege to thwart the recently-issued congressional subpoenas for info pertaining to the persecuted prosecutor scandal. Instead, Dubya has offered Miers and Taylor for untranscribed private interviews (not under oath), an offer Spineless Specter, among others, thinks the Dems should take. “[C]onstitutional scholars cautioned that this area of law is so unsettled that it is impossible to predict the outcome if the matter ends up in court.”

Fein Gold.

“In grasping and exercising presidential powers, Cheney has dulled political accountability and concocted theories for evading the law and Constitution that would have embarrassed King George III…As Alexander Hamilton advised in the Federalist Papers, an impeachable offense is a political crime against the nation. Cheney’s multiple crimes against the Constitution clearly qualify.” Former Reagan Assistant Attorney General Bruce Fein makes the conservative case for Dick Cheney’s impeachment in Slate.

The Big Lie, Buried.

By a count of 14-0 (Russia abstaining), the UN Security Council votes to shut down their inquiry into Iraq WMDs. Well, so much for that particular casus belli. From the vaults: “Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt he is amassing them to use against our friends, against our allies, and against us.” — Vice President Dick Cheney, Aug. 29, 2002. (There’s another one for the impeachment file.)

Shame of the Nation, continued.

‘Here…comes…that famous General Taguba — of the Taguba report!’ Rumsfeld declared, in a mocking voice.” Well, the agency and the time may have changed, but it’s increasingly clear we still have a lot to answer for, thanks to the actions of those who would claim to protect our way of life. The inimitable Sy Hersh of The New Yorker (who also played a role in 1974 in getting the CIA docs released — take that, Woodward) reports in with the tale of General Antonio Taguba, the head of the Army’s original investigation into Abu Ghraib who, like so many other truth-tellers in the administration, was eventually hung out to dry for his candor. Hersh’s frightening and sadly plausible piece not only makes clear that Rumsfeld, Dubya, et al had more knowledge of the nightmare of Abu Ghraib than they’ve publicly let on, but also suggests that those repellent images we’ve all seen from the prison may only be the tip of the iceberg of the horrors that occurred in our country’s name. “Taguba said that he saw ‘a video of a male American soldier in uniform sodomizing a female detainee.’ The video was not made public in any of the subsequent court proceedings, nor has there been any public government mention of it.

The People v. Dick Cheney.

“He’s saying he’s above the law…It just seems to me this is arrogant and shows bad judgment.” Also in related news, historians probably shouldn’t expect a similar classified document dump a quarter-century from now: Word leaks from a congressional committee that Cheney has refused to comply with the National Archives in preserving classified documents over the past four years and even tried to abolish the office responsible for enforcing the law. “Cheney’s office declined to discuss what it called internal matters…The Justice Department confirmed yesterday that it is looking into the issue.” Another day, another imperial prerogative attempted by these lawless yokels in the White House.

Nope, can’t have those either.

Think I’m being shrill? Ok, here’s another: After listening to former Attorney General John Ashcroft discuss internal differences over Dubya’s illegal surveillance program yesterday, the Senate Judiciary Committee voted 13-3 to issue subpoenas for White House and Justice Department documents regarding the eavesdropping system. “The White House made no move to comply.

RNCmail: Off the Radar.

It’s not just Karl. Newly released information finds that as many as 88 officials in the Dubya White House have been (illegally) using RNC e-mail addresses as a back-door way to discuss official business off the record. “‘As a result of these policies, potentially hundreds of thousands of White House e-mails have been destroyed, many of which may be presidential records,’ the report said.