“‘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.”
Tag: State Secrets
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.“
Power Mad.
“In some sense, the president is now as much a prisoner of Guantanamo as the detainees…The endgame in the war on terror isn’t holding the line against terrorists. It’s holding the line on hard-fought claims to absolutely limitless presidential authority.” Slate‘s Dahlia Lithwick discerns the method in Dubya’s madness on the civil liberties front: “expanding executive power, for its own sake.“
The Specter of Tyranny | King George covers his flank.
“[I]f Specter’s bill prevails, it will amount to a White House masterstroke, precisely what James Madison had in mind when he described the dangers of unchecked rule by one branch of government: ‘the very definition of tyranny.’” Having read the legislation in full, author and wiretap expert Patrick Radden Keefe discovers, perhaps not surprisingly, that Specter’s recent NSA “compromise” is a complete capitulation to executive power. And, in very related news, file this under “repeated injuries and usurpations“: Attorney General Alberto Gonzales testified under oath this week that it was Dubya’s personal decision to close down the Justice Department’s probe into the NSA’s warrantless wiretaps (the one, you may recall, that couldn’t get the security clearances to do its job.)
Robbing for Roberts?
Did White House officials steal a file on John Roberts’ affirmative action record from the National Archives last year? “This investigation is unresolved and the file is still missing,” says a new report by the Archives Inspector General, which Tim Noah dissects over at Slate. (Hmmm…was it reclassified, perhaps?) Still, according to the report, a White House staffer was the last person known to have the file, and “[t]he report’s findings contradicted the assertions of Archives officials, who said last August that an attendant had been in the room at all times and that the lawyers had been separated from their bags.” The mystery deepens…
Malreports from Minitrue’s Recdep.
“In short, more than one of every three documents removed from the open shelves and barred to researchers should not have been tampered with.” A recently-completed audit into the formerly secret Archives reclassification program finds that many more files were reclassified — and reclassified wrongly — than previously suggested. “In February, the Archives estimated that about 9,500 records totaling more than 55,000 pages had been withdrawn and reclassified since 1999. The new audit shows the real haul was much larger — at least 25,515 records were removed by five different agencies, including the CIA, Air Force, Department of Energy, the Federal Emergency Management Agency and the Archives.“
No More Secrets.
“For the National Archives to go into cahoots with the CIA and Air Force to mislead researchers about what was going on was over the top, and a strong signal of a secrecy system that is genuinely broken.” Following the recent uproar over re-classified documents, the National Archives pledges to forego secret arrangements in the future. Said the United States archivist, Allen Weinstein: “Classified agreements are the antithesis of our reason for being…If records must be removed for reasons of national security, the American people will always, at the very least, know when it occurs and how many records are affected.“
The End of History.
And hundreds of fifth-graders in day-glo hats lamented…The Smithsonian American History Museum will be closed for two years as of Labor Day, to allow for interior renovations and a new display for the Star Spangled Banner. And in vaguely related news (and as noted previously here), the Post looks into the plan by the CIA, Air Force and others to file away some records…forever. (2nd link via Cliopatria.)