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happyjack click here to view user rating
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"Conyers closing in on Rove II"
 
Some unfinished business from the last thread:

Longdong's last post:

"And anyway as far as I can see Rove has not invoked executive privilege in this case yet."

Wrong again:

http://en.wikipedia.org/wiki/Executive_privilege

"On August 1, 2007, Bush invoked the privilege for the fourth time in little over a month, this time rejecting a subpoena for Karl Rove. The subpoena would have required the President's Senior Advisor to testify before the Senate Judiciary Committee in a probe over fired federal prosecutors. In a letter to Senate Judiciary Chairman Patrick Leahy, White House counsel Fred Fielding claimed that "Mr. Rove, as an immediate presidential advisor, is immune from compelled congressional testimony about matters that arose during his tenure and that relate to his official duties in that capacity...."

Dude, I can only provide the links....you need to actually read them!

HB's last post:

http://forum.myredbook.com/dcforum2/DCForumID14/34779.html#22

"When the documents haven't been destroyed, when the emails haven't been "accidently erased", this administration doesn't think they really need to make any case for anything to anyone. This is the Unitary Executive Age afterall.

When John Yoo was requested to appear before an oversight committee regarding torture memos he blows them off, with his lawyer saying:

"the Office of Legal Counsel of the United States Department of Justice that Professor Yoo is not authorized to discuss before your Committee any specific deliberative communications, including the substance of comments on opinions or policy questions, or the confidential predecisional advice, recommendations or other positions taken by individuals or entities of the Executive Branch"

Nobody buys this baloney outside partisan circles; if a future democrat tries it, look the hell out below.

When it comes to compliance, Cheney merely claims he is part of the legislative branch too and doesn't have to comply. Is he a fourth branch of government??? Does he get to play both sides against the other???"

HB, again, you miss the point. Courts will decide what Cheney gets to do, and Rove, and all of your links and noise are irrelevant. Your outrage is one thing, the law is another. I can't imagine why this is hard to understand????

dman's last post:

http://forum.myredbook.com/dcforum2/DCForumID14/34779.html#24

"Wrong again Jack. The fact is, if Rove will not testify before Congress, irrespective of whether or not he claims executive privilege, it fundamentally alters Conyers' duty, from investigating Rove, to Compelling Rove to testify - unless he believes that Rove's claim of privilege is justified - which obviously, Conyers does not. So, the simple fact is, there was nothing wrong nor inappropriate about Conyers stating he was going to "get" Rove - because once Rove refused to testify, even using the supposed shield of executive privilege, it alters Conyers' responsibility from one of an investigator, to one who needs to pursue the Congressional interest in compelling Rove to cooperate - and to do this, he needs to threaten to "get" him should Rove continue to fail to comply."

Wrong again dman....as Conyer's "duty" does not circumvent Rove's rights, or Bush's under "executive privilege" if the court finds the claim valid.

This is the third post I have refuted simply by pointing to the fact that "outrage" aside, there is much to be decided on a legal front that none of you has any grasp of. Conyers may have a "responsibility", but he is bound by the same laws and rulings he portends to be working to enforce. Clearly the Bush camp feels they have an argument and are pretty confident in it.

Whether you like it or not, that's how it is.

Jack

"If U were smarter, I'd have nothing 2 do"

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dman click here to view user rating
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1. "RE: Conyers closing in on Rove II"
In response to message #0
 
  
>dman's last post:
>
>http://forum.myredbook.com/dcforum2/DCForumID14/34779.html#24
>
>"Wrong again Jack. The fact is, if Rove will not testify
>before Congress, irrespective of whether or not he claims
>executive privilege, it fundamentally alters Conyers' duty,
>from investigating Rove, to Compelling Rove to testify -
>unless he believes that Rove's claim of privilege is
>justified - which obviously, Conyers does not. So, the
>simple fact is, there was nothing wrong nor inappropriate
>about Conyers stating he was going to "get" Rove - because
>once Rove refused to testify, even using the supposed shield
>of executive privilege, it alters Conyers' responsibility
>from one of an investigator, to one who needs to pursue the
>Congressional interest in compelling Rove to cooperate - and
>to do this, he needs to threaten to "get" him should Rove
>continue to fail to comply."
>
>Wrong again dman....as Conyer's "duty" does not circumvent
>Rove's rights, or Bush's under "executive privilege" if the
>court finds the claim valid.
>
Actually, not wrong - because, to this point, no court has done this with respect to Rove's claim of privilege. So, as I said, you have failed to relieve Conyers of the aforementioned duty to compel Rove to testify. It remains his duty as an agent of Congress, until and unless a Court upholds Rove's claim of privilege. And none has.

So obviously, your "refutation" of this point is obviously a figment of your vivid imagination, Jack.

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happyjack click here to view user rating
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2. "RE: Conyers closing in on Rove II"
In response to message #1
 
Thank you for making my point....no court has decided whether or not Bush/Rove can invoke executive privilege, nor have they decided that he/they cannot.

So, while it remains a "duty" of congress, as you put it, it is far from resolved whether or not they can carry out that "duty", or that they might be exceeding their powers

Simple, yes?

Your outrage is not a substitute for law. That is real, vivid, and a figment of nothing.

Jack

"If U were smarter, I'd have nothing 2 do"

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Hardballer click here to view user rating
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3. "An email from Robert Wexler"
In response to message #2
 
   An E-mail from Rep. Robert Wexler, May 15, 2008:

Last night, I appeared on MSNBC's Verdict with Dan Abrams to discuss Karl Rove's outrageous refusal to appear before Congress regarding serious allegations that he used the US Justice Department to take down a prominent Democratic politician. It is alleged that Mr. Rove personally instigated the prosecution of former Alabama Governor Don Siegleman. The case has been criticized by legal experts, and 52 former state attorney generals - both Republicans and Democrats - have criticized the case and called for an investigation.

If Rove refuses to testify voluntarily and ignores the subpoenas that will certainly be issued, he should be held in Inherent Contempt of the House of Representatives.

No American is above the law. None of us should be able to ignore Congress without consequence. If Mr. Rove ignores a subpoena from the Judiciary Committee, then the House of Representatives should pass an Inherent Contempt citation and exercise our right to send the House Sergeant-of-Arms to gather Mr. Rove and bring him before Congress to testify.

I do not advocate this option lightly, but the reality is that Congress has few options left against an Administration that totally refuses to submit to any type of reasonable Congressional oversight. Congress has both the right and obligation to investigate these matters. Never before has an Executive so upset the checks and balances inherent in our Constitution. If we back off or delay, we effectively forfeit the power of Congress to investigate the Executive branch

Rove is not the first White House official to ignore Congress. We have seen a pattern of refusals based on laughable claims of executive privilege. First, White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers ignored subpoenas on the investigation into the firing of US Attorney Generals for partisan political motives.

Their refusal to testify was unprecedented: never before have executive officials totally refused to even show up before Congress. Bolten and Miers are the highest officials ever held in contempt of Congress. Unfortunately, Attorney General Mukasey - in a dereliction of duty - has refused to enforce the contempt decree and now Congress is suing them in District Court to demand compliance. Then, the Vice President's Chief of Staff, David Addington, refused to testify on the investigation into the Bush Administration's ordering of torture. Now, Rove continues this executive arrogance by also refusing to testify.

Enough is enough. We have a Constitutional obligation to provide accountability to a White House that is trying to usurp the constitutional powers of Congress.

These are the very reasons why I have been pushing for impeachment hearings for Vice President Cheney. The Bush Administration has been running roughshod over the Constitution for eight long years. We should not allow the promise of a positive election be used as an excuse to ignore our duty to investigate crimes that weaken the very fabric of our Democracy.

I thank you again for your commitment to the causes that we hold so dear.

With warm regards,
Congressman Robert Wexler

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happyjack click here to view user rating
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4. "RE: An email from Robert Wexler"
In response to message #3
 
When you get a chance, please let me know which seat is Wexler's on the SCOTUS. While you're at it, please explain exactly what legal basis Wexler is using to make his argument, other than being rather upset at being so blatantly "diss'd" by the White House?

As I have shown, their refusal to cooperate is not without precedent:

http://en.wikipedia.org/wiki/Executive_privilege

"In 1998, President Bill Clinton became the first President since Nixon to assert executive privilege and lose in court, when a Federal judge ruled Clinton aides could be called to testify in the Lewinsky scandal."

Did you note that????? See, he didn't want his aids to have to testify, and the COURT said they had to...in order for the matter to GO to court, that means they REFUSED!

That sinks Wexler's contention completely.

So please, spare me any more of this. The facts speak for themselves.

I am not advocating that the refusal of the White House is okay, nor am I saying it isn't. I AM SAYING that it will be up to a court to decide...not Mr. Wexler or Mr. Conyers....or YOU for that matter.

I realize those FACTS are more than you can ideologically bear to cope with, but they exist none the less.

With warm regards,
Comprenhender of the laws of the land, regardless of whether they fit my political ideology or not,
Jack

"If U were smarter, I'd have nothing 2 do"

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Hardballer click here to view user rating
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5. "RE: An email from Robert Wexler"
In response to message #4
 
   You are on the wrong side of this one.

Here is a wikipedia history of Cheney impeachment, from one of your favorite sources: http://en.wikipedia.org/wiki/US_House_Resolution_333

Remember this following essay last year from Reagan appointee and recognized constitutional authority Bruce Fein???

http://www.slate.com/id/2169292

Impeach Cheney
The vice president has run utterly amok and must be stopped.
By Bruce Fein
Posted Wednesday, June 27, 2007, at 5:06 PM ET

Dick Cheney
Under Dick Cheney, the office of the vice president has been transformed from a tiny acorn into an unprecedented giant oak. 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. The most recent invention we know of is the vice president's insistence that an executive order governing the handling of classified information in the executive branch does not reach his office because he also serves as president of the Senate. In other words, the vice president is a unique legislative-executive creature standing above and beyond the Constitution. The House judiciary committee should commence an impeachment inquiry. 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.

Take the vice president's preposterous theory that his office is outside the executive branch because it also exercises a legislative function. The same can be said of the president, who also exercises a legislative function in signing or vetoing bills passed by Congress. Under Cheney's bizarre reasoning, President Bush is not part of his own administration: The executive branch becomes acephalous. Today Cheney Chief of Staff David Addington refused to renounce that reasoning, instead laughably trying to diminish the importance of the legal question at issue.

The nation's first vice president, John Adams, bemoaned: "My country has in its wisdom contrived for me the most insignificant office that ever the invention of man contrived or his imagination conceived; and as I can do neither good nor evil, I must be borne away by others and meet common fate." Vice President John Nance Garner, serving under President Franklin D. Roosevelt, lamented: "The vice presidency isn't worth a pitcher of warm piss." In modern times, vice presidents have generally been confined to attending state funerals or to distributing blankets after earthquakes.

Then President George W. Bush outsourced the lion's share of his presidency to Vice President Cheney, and Mr. Cheney has made the most of it. Since 9/11, he has proclaimed that all checks and balances and individual liberties are subservient to the president's commander in chief powers in confronting international terrorism. Let's review the record of his abuses and excesses:

The vice president asserted presidential power to create military commissions, which combine the functions of judge, jury, and prosecutor in the trial of war crimes. The Supreme Court rebuked Cheney in Hamdan v. Rumsfeld. Mr. Cheney claimed authority to detain American citizens as enemy combatants indefinitely at Guantanamo Bay on the president's say-so alone, a frightening power indistinguishable from King Louis XVI's execrated lettres de cachet that occasioned the storming of the Bastille. The Supreme Court repudiated Cheney in Hamdi v. Rumsfeld.

The vice president initiated kidnappings, secret detentions, and torture in Eastern European prisons of suspected international terrorists. This lawlessness has been answered in Germany and Italy with criminal charges against CIA operatives or agents. The legal precedent set by Cheney would justify a decision by Russian President Vladimir Putin to kidnap American tourists in Paris and to dispatch them to dungeons in Belarus if they were suspected of Chechen sympathies.

The vice president has maintained that the entire world is a battlefield. Accordingly, he contends that military power may be unleashed to kill or capture any American citizen on American soil if suspected of association or affiliation with al-Qaida. Thus, Mr. Cheney could have ordered the military to kill Jose Padilla with rockets, artillery, or otherwise when he landed at O'Hare Airport in Chicago, because of Padilla's then-suspected ties to international terrorism.

Mr. Cheney has championed a presidential power to torture in contravention of federal statutes and treaties.

He has advocated and authored signing statements that declare the president's intent to disregard provisions of bills he has signed into law that he proclaims are unconstitutional, for example, a requirement to obtain a judicial warrant before opening mail or a prohibition on employing military force to fight narco-terrorists in Colombia. The signing statements are tantamount to absolute line-item vetoes that the Supreme Court invalidated in the 1998 case Clinton v. New York.

The vice president engineered the National Security Agency's warrantless domestic surveillance program targeting American citizens on American soil in contravention of the Foreign Intelligence Surveillance Act of 1978. He concocted the alarming theory that the president may flout any law that inhibits the collection of foreign intelligence, including prohibitions on breaking and entering homes, torture, or assassinations. As a reflection of his power in this arena, today the Senate Judiciary Committee subpoenaed Cheney's office, as well as the White House, for documents that relate to the warrantless eavesdropping.

The vice president has orchestrated the invocation of executive privilege to conceal from Congress secret spying programs to gather foreign intelligence, and their legal justifications. He has summoned the privilege to refuse to disclose his consulting of business executives in conjunction with his Energy Task Force, and to frustrate the testimonies of Karl Rove and Harriet Miers regarding the firings of U.S. attorneys.

Cheney scorns freedom of speech and of the press. He urges application of the Espionage Act to prosecute journalists who expose national security abuses, for example, secret prisons in Eastern Europe or the NSA's warrantless surveillance program. He retaliated against Ambassador Joseph Wilson and his wife, Valerie Plame, through Chief of Staff Scooter Libby, for questioning the administration's evidence of weapons of mass destruction as justification for invading Iraq. Mr. Cheney is defending himself from a pending suit brought by Wilson and Plame on the grounds that he is entitled to the absolute immunity of the president established in 1982 by Nixon v. Fitzgerald. (Although this defense contradicts Cheney's claim that he is not part of the executive branch.)

The Constitution does not expressly forbid the president from abandoning his chief powers to the vice president. But President Bush's tacit delegation to Cheney and Cheney's eager acceptance tortures the Constitution's provision for an acting president. The presidency and vice presidency are discrete constitutional offices. The 12th Amendment provides for their separate elections. The sole constitutionally enumerated function of the vice president is to serve as president of the Senate without a vote except to break ties.

In contrast, Article II enumerates the powers and responsibilities of the president, including the obligation to take care that the laws be faithfully executed. A special presidential oath is prescribed. Section 3 of the 25th Amendment provides a method for the president to yield his office to the vice president, when "he is unable to discharge the powers and duties of his office." There is no other constitutional provision for transferring presidential powers to the vice president.

Yet without making a written transmittal to Congress, President Bush has ceded vast domains of his powers to Vice President Cheney by mutual understanding that circumvents the 25th Amendment. This constitutional provision assures that the public and Congress know who is exercising the powers of the presidency and who should be held responsible for successes or failures. The Bush-Cheney dispensation blurs political accountability by continually hiding the real decision-maker under presidential skirts. The Washington Post has thoroughly documented the vice president's dominance in a four-part series running this week. It is quite a read.

In the end, President Bush regularly is unable to explain or defend the policies of his own administration, and that is because the heavy intellectual labor has been performed in the office of the vice president. Cheney is impeachable for his overweening power and his sneering contempt of the Constitution and the rule of law.

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happyjack click here to view user rating
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8. "RE: An email from Robert Wexler"
In response to message #5
 
No HB, I'm not on the wrong side of this...not even remotely.

All I do is keep blowing your one sided propaganda put of the water with the legal facts.

You can't even refute how I sunk Wexler!! This is getting laughable!

If newspaper columns were law, you might have a point....but they aren't. None of these people are right about anything until a court decides in a manner similar to what they are saying.

You do understand that, don't you?

Again, the facts, which ARE in my corner here, remain undisturbed by your diatribes.

Please...I know you're struggling with the Bush admin passing in to history without the lynching you so crave....but all of your pundit pieces are worth diddly squat unless a court agrees.

Get it?

Jack

"If U were smarter, I'd have nothing 2 do"

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dman click here to view user rating
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6. "RE: Conyers closing in on Rove II"
In response to message #2
 
   Yes it's simple, but the fact is, you didn't "refute" anything in my original post, because I never disagreed with that assertion. I merely pointed out that Conyers' actions were entirely appropriate - which, I thank YOU for acknowledging to be the case here, as you just did.

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happyjack click here to view user rating
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9. "RE: Conyers closing in on Rove II"
In response to message #6
 
Ah...but I didn't say Conyers actions were appropriate...he sounds very much like a judge and jury with his rhetoric, and that's not how we do things in America.

Jack

"If U were smarter, I'd have nothing 2 do"

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dman click here to view user rating
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14. "RE: Conyers closing in on Rove II"
In response to message #9
 
   No Jack, What you DID admit was that as long as no appropriate court has ruled on Rove's claim of privilege, then it IS the role of Congress to attempt to compel him to testify. And the simple fact is, in this case, Conyers happens to be the Congressional agent who owns that role. At this point, he is an advocate for the position of Congress on the issue and as such he's not supposed to be an impartial arbiter, but rather, an advocate for one side of the argument. Which IS what you acknowledged, thus validating my point, that Conyers WAS acting appropriately in taking one side here.

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longdong click here to view user rating
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16. "RE: Conyers closing in on Rove II"
In response to message #9
 
   "that's not how we do things in America."

Unless you are Bill O'Reilly or Rush Limbaugh.

LOL!!!!!!

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longdong click here to view user rating
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7. "RE: Conyers closing in on Rove II"
In response to message #0
 
   ""On August 1, 2007, Bush invoked the privilege for the fourth time in little over a month, this time rejecting a subpoena for Karl Rove."

If you will notice closely you will see that was 9 months ago.

Rove is being asked this time to appear before the House Judicuairy Committee to answer specifically for his role in the Don Speigelman case.

http://rawstory.com/news/2008/Conyers_on_Karl_Rove_Someones_got_0515.html

I have not seen that he has invoked executive privilege in this case so far.

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happyjack click here to view user rating
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10. "RE: Conyers closing in on Rove II"
In response to message #7
 
That doesn't change you being wrong all day today.

Jack

"If U were smarter, I'd have nothing 2 do"

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longdong click here to view user rating
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11. "RE: Conyers closing in on Rove II"
In response to message #10
 
   No jack. I was correct that Rove has not invoked executive privilege so far with this request from Conyers to appear in front of the House Judiciary Committee.

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happyjack click here to view user rating
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12. "RE: Conyers closing in on Rove II"
In response to message #11
 
Ah yes, the semantics game again....whatever dude, he will.

Jack

"If U were smarter, I'd have nothing 2 do"

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longdong click here to view user rating
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13. "RE: Conyers closing in on Rove II"
In response to message #12
 
   LAST EDITED ON 16-May-08 AT 07:18 PM (PST)
 
Semantics???!!!!!!!

Then you immediately admit that I am right!!!

"...he will."

LOL!!!!!!!

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happyjack click here to view user rating
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15. "RE: Conyers closing in on Rove II"
In response to message #13
 
I admit nothing when dealing with you, other than sheer delight at watching you dig holes for yourself.

Jack

"If U were smarter, I'd have nothing 2 do"

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Durruti click here to view user rating
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17. "RE: Conyers closing in on Rove II"
In response to message #15
 
  
You were the nitpicker on this one Jack, and quite wrong.

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