Congress Tries New Tactic on Subpoenas
Congress, facing a Justice Department unwilling to enforce its subpoenas, is exploring a novel legal option that could vastly expand the power of the legislative branch. Or not.
Brian Beutler
American Prospect
April 24, 2008
Overshadowed by a heated presidential election battle and daily news of a sinking economy, a lawsuit that could change the shape of governmental power is making its way through U.S. District Court in Washington, D.C., challenging the Bush administration's attempt to flout contempt of Congress charges against one current and one former aide. Its outcome could limit the scope of presidential power by providing Congress the means to investigate the inner workings of the executive branch without relying on the goodwill of one of the executive's most powerful agencies, the Department of Justice.
Earlier this month, the House Judiciary Committee filed a motion (PDF file) against current and former Bush administration figures in civil court, with the limited aims of securing testimony and documents regarding the firings of nine U.S. attorneys by the Justice Department under the watch of then-Attorney General Alberto Gonzales. Acting on White House orders, both White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers have refused to comply with the committee's subpoenas. And Attorney General Michael Mukasey recently blocked the Justice Department from prosecuting the White House staff members for criminal contempt of Congress. This means it's up to the House of Representatives to pursue the contempt citations, which could set a legal precedent that would make it more difficult for future presidents to defy the will of Congress.
When the full House votes to issue statutory contempt citations against individuals who impede congressional investigations, the criminal charges are usually referred to, and prosecuted by, the Justice Department. But the Justice Department, like all executive branch agencies, is ultimately controlled by the president and his appointees, and this time around, with current and former federal officials under the microscope, the White House is refusing to abide by the rules. The House Judiciary Committee's attempt to have its case heard in civil court, bypassing the Justice Department, marks a departure from past practice -- but the maneuver could provide Congress with a new recourse in any future attempt by the executive branch to stymie congressional oversight.
(Continued here.)
Brian Beutler
American Prospect
April 24, 2008
Overshadowed by a heated presidential election battle and daily news of a sinking economy, a lawsuit that could change the shape of governmental power is making its way through U.S. District Court in Washington, D.C., challenging the Bush administration's attempt to flout contempt of Congress charges against one current and one former aide. Its outcome could limit the scope of presidential power by providing Congress the means to investigate the inner workings of the executive branch without relying on the goodwill of one of the executive's most powerful agencies, the Department of Justice.
Earlier this month, the House Judiciary Committee filed a motion (PDF file) against current and former Bush administration figures in civil court, with the limited aims of securing testimony and documents regarding the firings of nine U.S. attorneys by the Justice Department under the watch of then-Attorney General Alberto Gonzales. Acting on White House orders, both White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers have refused to comply with the committee's subpoenas. And Attorney General Michael Mukasey recently blocked the Justice Department from prosecuting the White House staff members for criminal contempt of Congress. This means it's up to the House of Representatives to pursue the contempt citations, which could set a legal precedent that would make it more difficult for future presidents to defy the will of Congress.
When the full House votes to issue statutory contempt citations against individuals who impede congressional investigations, the criminal charges are usually referred to, and prosecuted by, the Justice Department. But the Justice Department, like all executive branch agencies, is ultimately controlled by the president and his appointees, and this time around, with current and former federal officials under the microscope, the White House is refusing to abide by the rules. The House Judiciary Committee's attempt to have its case heard in civil court, bypassing the Justice Department, marks a departure from past practice -- but the maneuver could provide Congress with a new recourse in any future attempt by the executive branch to stymie congressional oversight.
(Continued here.)
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