Bring on the special prosecutor

Late last week, we learned the White House has come up with a creative approach to the principle of executive privilege: once the president claims it, he has exempted himself from any and all accountability. Under this approach, Bush can define the scope and limits of his own powers. Congress can hold White House officials in contempt, but Bush won’t allow their prosecution.

In other words, the president and his team believe that once the White House claims executive privilege, there is no recourse. The president is accountable to literally no one — not the Congress, whose subpoenas can be ignored, or the federal judiciary, which can’t hear a case that cannot be filed.

This matters, of course, in the context of the U.S. Attorney scandal, because Congress has been seeking information about how the unprecedented, politically-motivated purge of federal prosecutors unfolded. As part of the investigation, Congress has issued subpoenas to former White House officials, who refused to cooperate under the guise of executive privilege.

Today, Sen. Arlen Specter (R-Pa.) suggested a potential remedy to the problem.

Today, Sen. Arlen Specter (R-PA) noted that under Bush’s broad claim of executive privilege, “the president’s word stands and the constitutional authority and responsibility for congressional oversight is gone.”

He added that one alternative he has been “exploring” is the appointment of a special prosecutor. “The attorney general has the authority to appoint a special prosecutor,” said Specter. “You’re recused, but somebody else could do it. You’re recused because you know all of the principals. You have a conflict of interest. But doesn’t the president have an identical conflict of interest?”

Specter added, “Since we can’t take it to the court, the president’s word stands and the constitutional authority and responsibility for congressional oversight is gone. Now, that is carrying this controversy to really an incredible level. If that is to happen, the president can run the government as he chooses, answer no questions, say it’s executive privilege. You can’t go to court, and the president’s word stands.”

Oh Arlen, you make it sound like that’s a bad thing.

If Specter’s comments suggest there would be bipartisan support for a special prosecutor in the Senate, this would cerainly take the scandal to the next level. The downside is, of course, that the White House would immediately stop offering information, but that’s hardly a change from the status quo. The upside is, we might finally get some answers about the scope of the Bush gang’s legally dubious conduct.

Besides, as Dick Cheney’s office can remind us, the White House wasn’t exactly fortunate with the last special prosecutor. Maybe Fitzgerald would be willing to go another round?

As for Gonzales’ role in the U.S. Attorney scandal, Sen. Dianne Feinstein (D-Calif.) asked the AG this morning how many U.S. Attorneys he’d fired during his tenure. He said he didn’t know.

After acknowledging the nine we know about from the purge, Gonzales added, “I’m not aware, sitting here today, of any other U.S. Attorney who was asked to leave — except there were some instances people were asked to leave, quite frankly, because there was legitimate cause.”

Given that he’d just named nine other U.S. Attorneys who’d been fired, it sounded like he was conceding that they’d been fired for illegitimate causes.

“Maybe Fitzgerald would be willing to go another round?”

oh, please, please, please, please…………bring on the special prosecutor!

  • I wonder if the GOP call for a special prosecutor is simply one additional stalling tactic designed to run out the clock. This way the GOP Congresscritters can say they in fact did do something to try and stand up to the Administration, without actually doing anything–or anything that would really provide results in a timely and useful fashion. The Dems should investigate this idea fully before signing on willy-nilly.

  • Gonzo blatantly refused to say who sent him to badger Ashcroft in his hospital room. Refused, and then said he would “go ask” if he could tell any more info than that.

    Lap. Dog.

    I think this is finally getting somewhere, we’ve hit rocks that even the idiotic American public might understand.

  • Given that he’d just named nine other U.S. Attorneys who’d been fired, it sounded like he was conceding that they’d been fired for illegitimate causes.

    Beautiful. That’s the way even the most skillful liars get caught.

    Too bad nobody else will notice he said so.

  • Just how would we get a special prosecutor now? Patrick Fitzgerald was appointed because John Ashcroft recused himself. Why would Fredo recuse himself or even “go ask” for permission to appoint someone else to look into this?

    As far as an independent counsel statute, are there really 11-18 Rethuglican votes available to have cloture and then override the inevitable veto?

  • The rogues against our democracy have taken up in the WH these past 6 years. The last remaining diehards are still holed up there and in Gonzo’s DoJ inner circle. The lesser rats have begun abanding ship, and the principle players are becoming desperate to justify their ill-begotten, cockimamy legal opinions they have hoisted upon us for far too long now. They gotta go!

    If the Honorable men and women of our upper chamber of Congress wish to restore our trust and democratic heritage, members of both parties need to unite to do battle with this entrenched madness we call the Bush Administration. Start with consensus – impeach Gonzalas and prosecute for perjury, then next up will be The Dick Cheney. I say leave The Bush where he is to force his hand in regard to the shit his lack of caring has caused us law abiding American citizens. -Kevo

  • I wonder if the GOP call for a special prosecutor is simply one additional stalling tactic designed to run out the clock.

    this is a key point. Because if the timing worked right, then the Bush administration would get all to continue to operate in secret up to near the end of their term, but the *next* administration would not. And given that its highly likely the next adminstration will be headed by a Dem, that’s just fine with the more rational members of the GOP.

  • “Besides, as Dick Cheney’s office can remind us, the White House wasn’t exactly fortunate with the last special prosecutor. Maybe Fitzgerald would be willing to go another round?”

    Who’s he trying to kid? PF worked for years on the case to bring justice, only to be thwarted in the end by presidential pardon. So what good would that do, even if there was enough time?

  • This situation is the inevitable result of Bush/Cheney’s relentless campaign to turn the office of president into an imperial dictatorship.

    Virtually every person of integrity in any position of influence anywhere in the government has been either forced out or marginalized, and replaced with robots whose sole function is to make Bush all-powerful.

    Alberto Gonzales is the main poster child, but there are so many others. We’ve been mercifully spared from having Harriet Miers on the Supreme Court, but I’m not sure that John Roberts and the rest of his cabal wouldn’t be any less supportive of the White House agenda even if a case could get that far.

    Will they be willing to give all that up in January 2009? We’d better hope so or 9/11 won’t be the last atrocity perpetrated on us in their merciless campaign to hold on to the power they’ve stolen from us.

  • One would imagine that a lot of Republican politicians should be starting to worry about Bush executive powers in the hands of a Democratic president. Another three months of refusals to testify and ignoring of subpoenas might cause them to look at an impeachment trial for Gonzales as an attractive way to run out the clock and to avoid looking overly tied to the Bush administration.

  • I don’t trust Specter — he often initially sounds good when the cameras are on, only later to quietly fold. He after all played a key role in enabling the whole attorney firing mess, since it was his office that worked with the White House to sneak the secret provision into the Patriot Act.

    That said, a special prosecutor does sound like a good idea.

  • Too late for an SP. Impeach the twerp in open hearings that the world can watch — hearings that will put BushCo on the defensive. Gonzo has told so many lies that he can’t keep his “misstatements” and “clarifications” straight.

  • Beep52, why not both? A special prosecutor and impeachment hearings for Gonzales?

  • “Beep52, why not both? A special prosecutor and impeachment hearings for Gonzales?’

    Because once the impeachment matter was referred to the Senate (after impeachment in the House and well before the special prosecutor’s investigation is anywhere near complete), Senators like Arlen Specter will then state that they will not vote for impeachment until such time that the special prosecutor completes his work, and ‘responsibly’ advise that the Senate should hold off on impeachment until that time.

  • I hope at least a special prosecutor is appointed and that those investigations are extensive and last for some period of time. Sure, it may take several years. Sure, it may be old news and the offenses might not be prosecutable because they occurred in the “distant” past. But it would be good to have more than the conjecture of historians over the decades to demonstrate how close this country came (and may still come) to dictatorship.

  • Found this post on the Democratic Underground. Better than a special prosecutor:

    Edited on Mon Jul-23-07 03:54 PM by Horse with no Name
    “Regardless of CURRENT Senate support.
    Paraphrasing John Dean.
    Impeachment is valuable BECAUSE Bush CANNOT assert executive privilege over ANY ITEMS needed in the investigation AGAINST HIM.
    All the records regarding the energy policy, the Plame leak, etc…everything loses it’s cover and becomes property of the investigating body (The House). This also means that all the people that REFUSE to acknowledge the subpoenas…Rove, Rice, Miers, etc. HAVE to testify in an impeachment hearing and there is NO getting around that.
    The media can ignore Congressional hearings. The media can ignore parliamentary procedure BUT the media CANNOT ignore an impeachment hearing.
    SO, if you think pulling the media cover and executive privilege cover off of this administration wouldn’t net the support in the Senate (because it sure as hell would get the attention of the people who aren’t being told exactly what is going on)…then I am sorry that you simply do not understand the reason we NEED impeachment proceedings.”

    No more stalling or whitewash, a special impeachment prosecutor will bring it all out. Isn’t this where all these investigations are headed anyway? Cheney/Bush have already committed innumerable impeachable offenses that we know about so 3mos with a special impeachment prosecutor would bring all the rampant corruption out in the open. No one would want to be seen supporting Bush or Cheney or their Iraq policies. It would do more to end the Iraq occupation than anything attempted so far.

    Impeachment is the answer but start with Cheney first and fast before something happens to Bush leaving Cheney President. It’s urgent to get Cheney out of there ASAP. The votes in the senate to indict would come after he is exposed by the house.
    There is no downside to impeachment…not any more.

  • I wrote Specter a short letter begging him to impeach Gonzales. By impeaching Gonzales, the President and his administration would have a clear message that they are not above the law.

    If Specter (and every other Republican senator) got hundreds of letters daily begging them to return to the Constitution, would it even matter?

  • “If Specter (and every other Republican senator) got hundreds of letters daily begging them to return to the Constitution, would it even matter?” — J Flowers

    Mine go out tonight to all the committee members. Will it matter? It might. I thought I heard a number of thinly veiled threats today suggesting that Gonzo’s time is running out.

  • Congress, well the democratic congress, should procede with all of the tools to roll back the assumptive powers of Bushco and combat the claim of being above the law.

    The SJC can specific investigations to a special prosecutor such as the US Attorney purge and DOJ’s role in affecting fair elections.

    Feingold can censure Bush and Cheney.

    Conyers can initiate impeachment proceedings against Gonzalez now, Cheney in October, and Bush in January.

  • Comments are closed.