The truth is apparently out of the question

The White House “offer” to the Senate Judiciary Committee was fairly straightforward: if members wanted to talk to WH staffers about the prosecutor purge, the discussions had to be a) private; b) not under oath; and c) without transcripts. It’s that last one that never made any sense.

Indeed, the Bush gang never even tried to rationalize it. That is, until today.

The White House organized a conference call this morning with an official who certainly appeared to be Counsel Fred Fielding, who finally shed some light on why the president would make staffers available for private interviews, but only if there was no transcript of their remarks.

“Obviously, there has been a lot of discussion back and forth in that regard. The position that the president took and conveyed to the committees and the offer of compromise did not include transcripts. The accommodation was designed to provide information, not to appear to be having testimony without having testimony. One of the concomitants of testimony, of course, is transcripts.

“As far as the debate goes, often cited is that a transcript is not wanted because otherwise there would be a perjury trap. And, candidly, as everyone has discussed, misleading Congress is misleading Congress, whether it’s under oath or not. And so a transcript may be convenient, but there’s no intention to try to avoid telling the truth.” (emphasis added)

Got that? As Fielding sees it, if there’s a written record of what Bush’s aides say, senators might have proof if they lie. It’s preferable, then, to have no record and simply assume that White House staffers are being honest. And if you disagree with any of this, you prefer “confrontation” to cooperation.

He did not appear to be kidding.

On a related note, there’s also news on the executive-privilege front. Now, just to be clear, executive privilege, when used under the appropriate circumstances, can be a perfectly legitimate claim. A reasonable case can be made that private policy discussions between the president and his or her top White House aides should probably, in most instances, be shielded.

But when it comes to the purge of nine U.S. Attorneys, the White House claims to have been detached from the process. As Faiz noted, the White House had “said that Mr. Bush’s aides approved the list of prosecutors only after it was compiled.” Bush himself said that “the Justice Department made recommendations, which the White House accepted” regarding the purge.

Why, then, claim executive privilege? What private deliberations occurred between the president and his West Wing aides?

Solicitor General Paul Clement, who reviewed the Senate Judiciary Committee’s request for documents, examined the subpoenaed materials and found they couldn’t possibly be turned over to Congress: “Among other things, these communications discuss the wisdom of such a proposal, specific U.S. Attorneys who could be removed, potential replacement candidates, and possible responses to congressional and media inquiries about the dismissals.”

Is that so. A White House that was barely connected to the prosecutor firings certainly sounds like it was involved quite a bit. Hmm.

Isn’t Clement also the guy internally investigating the AG or other members of the DOJ related to the attorney firings? No conflict?

  • Want to know why these people think they can get away with demanding the right to lie? Because we have such weak leaders on our side. Every time they get stiffed, they ask for more documents. Then they act all shocked and offended when they get stiffed again. And again. And again.

    It’s not funny anymore, except to Dick Cheney, who must be laughing his ass off.

    Oh well. Completely undermining the credibility of the Justice Department, when the rule of law is supposedly the foundation of our society, that just isn’t a big deal. If it was, and if we had representatives who wished to protect the Constitution and our democracy, we would be hearing calls for impeachment.

  • I don’t understand how ANYTHING in an email from an RNC email account or ANY email account except for the official White House email account can possibly have any executive priviledge attached.

    Am I crazy?

  • When I read about this utter obfuscation and contempt for the rule of law by “Dick” & Bush, I cannot help but be reminded of another time when the Dick-tator and King George threw propriety out the window when they insisted on testifying to the 9/11 Commission together, not under oath, and without transcript.

    But the Democratic Majority in Congress doesn’t have the 67 votes in the Senate to impeach. Funny thing is you’d hardly even know that impeachment is an alternative to the Tyranny of King George & The Dick-tator by listening to the Dems, let alone the 67-vote final retreat of cowardice.

    But I guess the Republican Congress that impeached Clinton didn’t have the 67 votes either, and look what happened: an incorrigible international criminal was anointed King in 2000.

  • Firing a US Attorney is the sole prerogative of the President, which is not to say that in considering such an action, the suggestions do not or cannot come from anywhere else. Ultimately, though, it is the president who must sign off on the decision.

    It’s easier to use the shorthand of “the White House” to stand in for all of the presidential advisors, but because the WH has to be involved, there needs to be less shorthand and more detail – detail we don’t have because the people we need to hear from have been silenced.

    My suspicion has always been that the president was not informed and did not sign off until the deed was done; I keep going back to the president’s initial response that he had nothing to do with it – shouldn’t he have known that he had to have known about it in order for it to have been legal? I think the materials they do not want us to see and the testimony they will not allow to be given, would reveal that the president really did not know, and approved them retroactively. So, aside from the fact that the president’s sole power to fire had been usurped by underlings and political operatives, the reasons for the firings were improper, as well.

  • I don’t know the law in US. But, in Poland, when the court issued a summons for you to show up, you had to show up. If you didn’t, the cops would come and “escort” you to court. The only wiggle room you had was to claim you never got the summons (ie someone else signed up for it, in your absence).

    How’s a subpoena, issued by Congress different from summons, issued by court?

  • One of the concomitants of testimony, of course, is transcripts.

    In other words: X is sometimes part of Y; Therefore X = Y.

    Or put another way still, Fielding is a master of complete and utter bullshit. By this dickhead’s logic, any time one records an event the event becomes a form of testimony. Here’s me thinking some sort of oath to tell the truth was also required…

    But by that logic we can throw all of BushCo in prison today because there is all sorts of “testimony,” where they’ve lied like rugs. Hmm…

  • In a few days expect Mr. Fielding to begin quoting scripture to justify his decision not to let the American public know what is going on in its government. The whole lot over at the WH are unAmerican, anti-democratic oligarchists who view themselves as omniscient to the rest of us. What authoritarian elitists these people are, in my viewpoint, just like the Pinochets of the world! -Kevo

  • Racerx don’t forget the slavish MSM.

    Course of Action for the Democratic Congress:

    1) Ask for White House documents with some redaction permitted. (done that, I think)

    2) No transcripts? Try submitting written questions.

    3) White House still refuses to cooperate? Make a BIG STINK that the White House is acting above the law (just like Dick Nixon).

    4) Push all legal options, including impeachment (screw the Senate).

  • Here’s a question for the next Democratic presidential debate:

    Do you as a candidate support congressional and legal action against the White House if it fails to cooperate with congressional subpoenas? And explain why the “rule of law” matters in this case. (Put the subject front and center for the American people (a.k.a. “the sleeping masses”))

  • “These guys are the most crooked, you know, lying group of people I’ve ever seen.” — Sen. John Kerry, March 11, 2004

  • They throw that BS & see if it sticks.
    If it doesn’t, they will try some other BS.
    Just like the Whitewater fishing expedition, keep trying & something will stick.

    Having been on the wrong end of the judicial system, and watching prosecutors build a case (Thanks, Mr. Fitzgerald), I know that it takes a long time for the legal system to move forward. I think Rep. Waxman knows what he’s doing, but it’s maddeningly slow work!

    Oh, and Joe Lieberman sucks. he only thing he’s good at is giving the Dems the majority. How many Senators can the Dems pick up in ’08?

  • I, for one, cannot wait until this entire era of ‘Bush-Bizzaro-World’ goes away.

    I simply cannot wrap my mind around the insane level of disingenuousness, obfuscation, and downright assault on logic and reason that this Administration has foisted upon us.

    It has long since gone past being funny, or quirky. It’s freaking scary as all hell. Up is down, black is white, mini-wheats are frosted on both sides kind of crazy.

  • In this time of universal deceit I cannot help but recall what True American Patriot and Civil War Historian, Shelby Foote said:

    “People make a grievous error thinking that a list of facts is the truth. Facts are just the bare bones out of which truth is made.”

    Think about it. Very much unlike what Mr. Foote’s fellow Tenessean and One World Corporate Government Frontman, Fred “The Lobbyist” Thompson, has to say.

    Investigate 9/11. IMPEACH ALL NOW.

  • “He did not appear to be kidding.”

    No, but he does appear to be ridiculous.
    The only reason for this refusal to comply is that the information would be incriminating.

    Okay, here’s a counter offer. Let 2 Democratic Senators and Reps. examine the requested material and interview the staf and if they don’t reasonably believe there is reason for an investigation then we’ll let the whole thing go.

    The WH knows they have no other recourse but to hide and cover it up or admit guilt so of course they will never comply with oversight because it would equate to a confession.

    In that case Bush…Just give us Cheney, Rove and Gonzales and we will let you finish your reign.

  • terraformer @ 13: “I, for one, cannot wait until this entire era of ‘Bush-Bizzaro-World’ goes away.”

    As much as I hate being the bearer of bad news, this is modern conservatism. It’s bigger than the administration and it isn’t going away anytime soon. Personally, I believe that the struggle between reason and fear-based, ideologically-based delusion and denial is the real “long war” and is taking place on a global scale. It may even be an evolutionary event, in which case we could be waiting a very long time. Till then, let’s hope that reason prevails and work toward that end.

  • #16 and #13

    We’re stuck with this kind of crap fo at least a generation. The media outlets are owned by corporations and wealthy individuals that benefit from all the cash and favors they can get from Washington. THe Republicans were especially adept at bending over and spreading to give businesses and wealthy contributors what they wanted.

    Why do you think income from investments is taxed at a lower rate than the income you get from your savings account? The fiction they give us is it has already been taxed. The thing is a corporation is a legal person. so corporate taxes are the taxes the corporate person pays and the taxes paid on the investment dvidends are a tax that a living person pays.

    Corporations, in theory, have all the same rights as a living person, yet they are taxed at different rates. They get tax breaks for doing the things thet would have to do to increase their income anyway.

    People who invest in corporations are sheilded from losing more than they have invested in the corporation if the corporation fails. If you own a single proprietorship business and it fails creditors can take your house, car, savings, etc to pay your business debt. Stock owners are limited to just the money they paid for the stock.

    It’s a great scam.

    I personally have a all the money I can spare in mutual funds to pay for my kids’ college so I am a stock owner. My income from stock dividends isn’t that much, but it is treated differently than the money I earn from brains and muscle.

    IMHO income is income the same tax rates should apply to all of it. Dems and Repubs have all bought into this treat investments differently, but the Repubs treat it like a religion.

    My point of this is that we, as a country, need to change the way we view money, taxes and politics. People in the 18-25 age are realizing that we don’t have to kowtow to money and “convervative values”. When they realize they can change things we may see an end to a lot of the bush world BS. This is (I hope) the beginning of the swing away from the religious revival that is conservative politics.

    My 2 cents

  • You know, this is the midst of the disillusionment and heartbreak
    season and,with the recent outbreak of that suicidal strain of
    despair up in Boston, well, you’d better keep a close watch on
    your emotions.

    So remember the seven danger signals of depression; that’s

    * a general and lasting feeling of hopelessness,
    * inability to concentrate,
    * loss of self-esteem,
    * fear of rejection,
    * feelings of guilt,
    * misdirected anger,
    * and extreme dependency on others.

    At the first sign of these symptoms, friends, follow these simple rules:

    * keep working,
    * drink as much as possible, and…
    * take your television’s advice.

    And y’know more TV’s recommend an amazing new psychic breakthrough
    than any other, and that’s… Confidence in the System.

    Fast, safe, and guaranteed through constant Federal control,
    Confidence in the System will keep THEM in power longer, longer,
    longer, and tend to calm and obscure the miseries of disillusionment
    and despair.

    In easy-to-swallow Propaganda form or new fast-acting Thought Control,
    that’s Confidence in the System. So have some… today.

    Ben Bland’s All Day Matinee
    “Just Folks”, Firesign Theatre

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