Leahy to White House: ‘Time is up’

August 20, 2007

The Senate Judiciary Committee requested information from the Bush gang on the legal basis for the president’s warrantless-surveillance program. The White House stalled. The Judiciary Committee issued subpoenas; the White House delayed. Committee Chairman Pat Leahy (D-Vt.) was accommodating, extending the deadline for materials a few times.

Today was the “final” deadline. Leahy told the White House to cooperate by 2:30 this afternoon, or else. Not surprisingly, the Bush gang ignored this, too.

During a press conference this afternoon, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced that the White House had still not responded to the committee’s subpoena for documents relating to the legal basis for the warrantless surveillance program. “Time is up,” Leahy said, “we’ve waited long enough.”

He went on to say, however, that he remained open to cooperating with the White House for the production of the documents: “I prefer cooperation to contempt.” But if the administration has still not responded to the subpoena by September when Congress returns from recess, he said that he would pursue contempt proceedings in the committee “if that’s what it takes.”

Keep in mind, the White House isn’t claiming executive privilege; it’s not claiming anything. The Senate Judiciary Committee issued a subpoena, the White House has the materials, but they’re having trouble cooperating.

Clearly, a contempt of Congress motion is the next logical step, though Leahy, understandably, says he’s more interested in “finding out what happened” than starting a court fight. In this sense, it’s not really the final deadline, because Leahy still wants to find a way to get the materials. I guess he’ll wait to see what the White House Counsel’s office has to say.

Asked if he’d be willing to make additional accommodations for the White House, Leahy told reporters that “the only accommodations we tend to get from the White House are ‘do it our way and we’ll be happy with you.'”

And then, of course, there’s the Office of the Vice President.

First, Cheney thinks he has the authority to tell the Senate not to issue subpoenas.

[T]he Senate Judiciary Committee in the conservative-led 109th Congress, chaired by Sen. Arlen Specter (R-PA) also attempted to ask questions about the program’s legal justifications. But Vice President Cheney personally barred him from issuing subpoenas:

“In fact, we were about to issue subpoenas then and one of the senators came to our meeting and said that the vice president had met with the Republican senators and told them they were not allowed to issue subpoenas. Not quite sure that’s my understanding of the separation of powers, but it seemed to work at that time.”

Second, even today, Cheney’s office continues to insist he’s not part of the executive branch of government. Seriously.

Good luck Pat. We love you.

  • why do i keep thinking that this is going to end up in impeachment proceedings eventually?

  • why do i keep thinking that this is going to end up in impeachment proceedings eventually?

    Because it should. At this point (and really, at your choice of ‘past points’), such proceedings need to happen if we are to remain a constitutional republic.

    Sad thing is, it probably won’t.

  • Second, even today, Cheney’s office continues to insist he’s not part of the executive branch of government. Seriously.

    Hey CB,

    The “Seriously” link is a duplicate of the “has the authority” link. Is that what you meant?

  • If they are so opposed to the illegal wiretapping, why did they just sell us down the river by passing a spying bill that allows this government to use military equipment to look INTO our houses, basements, etc. This type of stuff is supposed to be for the enemy. I guess we are now in the same catagory in their minds.
    BFD, Leahy, after selling us out makes noises about illegal wiretapping. If the congress really had our best interests at heart, it would never have given them the sweeping powers they now have.
    Go to the Santa Rosa Press Democrat, August 17, page 3A.
    They LITERALLY can spy on us through the walls of our homes.
    To me, I want them all gone, congress and the bushies. None of them are doing anything close to their original job description. They have sold us all out.
    If anybody reading this cares, call and/or write your representative demanding these powers be rescinded immediately. Write up a petition (as I have) and get others to sign it. If nobody does anything, our country is finished regardless. Our freedoms and civil rights are in the toilet.
    Wake up and act! I fear it is already too late.

  • Clearly, a contempt of Congress motion is the next logical step, though Leahy, understandably, says he’s more interested in “finding out what happened” than starting a court fight.

    Leahy reminds me of Wimpy in the old Popeye strip:

    “I’ll gladly delay contempt charges for another month for a some hamburger crumbs today.”

    Cripes.
    Come on damn it.
    They are deliberately defying congress.
    And Leahy claims a need to “find out what happened”!
    Huh?
    Say what?!
    How warm and fuzzy and dim…

    Come on damn it.
    They are punching you and the American people in the face Pat.
    It’s like Cheney telling you to fug off all over again.
    How many times do you need to get hit by the same 2 by 4?

    C’mon Wimpy.
    Put your Batman cape on will ya?

  • Just uses which ever argument will keep congress at bay so they can keep “gumming” it to death. Hope Leahy isn’t holding his breath waiting for cooperation from the WH. He’s amazing. It’s like every time Bush/Cheney fingers him he says oh they don’t really mean it. Don’t understand why he keeps putting off the contempt charges as if some miracle is going to happen. Makes me think he’s just trying to keep it going till Bush is out of office. Had until 2:30 today. Now has until congress returns from Aug recess. Next it will be until after Thanksgiving break, then Christmas break it just keeps going on and on.

    It’s bad enough that Bush and Cheney are making a mockery out of our Justice system but now it seems Leahy is making a mockery of the mockery. Wonder if they are just too old and tired to muster up the energy necessary to deal with it or what? Go figure…

  • Steve, when you put it like this — “Leahy, understandably, says he’s more interested in “finding out what happened” than starting a court fight. In this sense, it’s not really the final deadline, because Leahy still wants to find a way to get the materials. I guess he’ll wait to see what the White House Counsel’s office has to say.” — it makes me think that Leahy (and, probably, Democrats generally; Leahy’s one of the best, so it’s inconceivable that many others are ahead of him on this) may misunderstand two central elements of this equation:

    1. The White House Counsel’s office *has* already spoken. They said, “FUCK YOU, WE’LL GIVE YOU NOTHING.” Now, maybe non-compliance with the subpoena has some other, secret meaning that Leahy is waiting for to become clear, but I really wouldn’t count on it. The more Democrats wait, the more they look like they’re either misunderstanding, or worse, *agreeing* *with*, that message. “Sure, guys, we’ll wait. We’ll keep waiting. You want us to wait some more? Okay. What do you mean, did we get your message? Oh, the one where you told us to fuck off again? We’re still thinking about that. No, we don’t have a response, we’re waiting some more.”

    2. The White House will not *TELL* us what happened if we do *NOT* start a court fight. If you do not use the force of law to compel the White House to cooperate, THEY ARE NOT GOING TO FUCKING COOPERATE. Contrary to David Broder’s paeans to bipartisanship and compromise, waiting for Republicans to cooperate = letting them run out the fucking clock. This. Is. Not. Rocket. Science. This is basic understanding of causal relationships in politics, and this is the fruit of Democratic reluctance to fight.

    None of this should be a surprise to anyone who has been following politics for more than about five minutes. I would understand if Leahy, or Senate Democrats, could not *say* things like this, but it is incomprehensible *and* unforgivable if they do *NOT* realize what’s going on.

  • The New Math problem:

    If, “Give them just one more, last, chance”, can be measured in Friedman Units (6 months each) or in Leahy Units (3 weeks each), how many Leahy Units will it take to complete one Friedman Unit? And, is it more efficient — from the free market POV — to operate in small increments (Leahy Units) or bigger ones (Friedman Units)?

  • Impeachment? The veep has always been the impeachment insurance. If GW is removed who would then assume the open position of president? Can you say veep the creep?

    There is no way that we are a country could handle a double impeachment – because that is what it really take to correct the problem.

  • Not quite sure that’s my understanding of the separation of powers, but it seemed to work at that time.

    At least Cheney can plausibly claim that his powers as Senate President extend to overruling actions like subpoenas or what have you. It’s only by tradition that Vice Presidents restrict their participation in Senate politics. A tradition dating back to, well, everyone except John Adams.

  • > Keep in mind, the White House isn’t claiming executive privilege; it’s not claiming anything.

    How do you read that Steve? What do you suppose they’re trying to do? If anyone else has the faintest idea, share it with the rest of us.

  • The White House has created a niche within executive privilege called “exe-fuckyou-tive privilege, by which they retain the privilege of saying “FUCK YOU!” to any other branch of government that threatens to disagree with them about anything, ever.

    Someone with a greater facility with words than I (hey, why so many volunteers?) could probably come up with a slicker name for it…

  • As “Friedman” is to six months, “Leahy” is becoming to the timid extension.

    Shit or get off the pot.

    These guys aren;t going to suddenly start cooperting. They want a legal fight. Are Leahy and the rest afraid they’ll lose in Bush-packed courts, or are they still timid about what the rabid right will say?

    The WH has staged a palace coup, and the Congress has acquiesced.

  • Brattlerouser:

    How do you read that Steve? What do you suppose they’re trying to do? If anyone else has the faintest idea, share it with the rest of us.

    Laszlo wrote:

    They want a legal fight.

    That’s exactly right.
    They’ve packed the Supreme Court.
    They will ignore and delay and take any legal loss all the way to the top.
    That’s obvious.
    And that’s okay.

    Let’s do it.

    Given that Hillary is likely going to be Empress…
    The sooner this court battle occurs the better.
    Because what’s good for Bush will be even better for her.
    If the Supremes side with BushCo there will NEVER be another Whitewater again.
    Hillary will be untouchable…
    When the right wing thugs try to take her down she can claim executive Bush privilege from coast to coast.
    From John Yoo to Yale.
    She will be able to spit where she wants… on whomever she wants.

    Again: Let’s do it.
    Let’s have the legal rumble.
    Wake up PAT!

  • I agree with Chris in #8.

    WTF is Leahy thinking, that these guys will all of a sudden start cooperating without a legal fight?

    In September, Leahy will get yet another FU from the criminals, and I guess he’ll make another empty threat.

    Jesus we are screwed if this is actually the best the Democrats have to offer.

  • The White House will not *TELL* us what happened if we do *NOT* start a court fight. If you do not use the force of law to compel the White House to cooperate, THEY ARE NOT GOING TO FUCKING COOPERATE.

    Exactly.

    Or throw in some inherent contempt charges while waiting for the legal process to play out. Send the sargeant-at-arms et al to arrest some White House staffers and ex-staffers. Make them apoplectic. Make them nervous.

    Sometimes you have to poke a bully in the eye — or kick him in the codpiece.

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