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Bush Orders Miers To Not Testify Before Congress

miers_bush_10_05.jpg  ABC:

President Bush ordered his former White House counsel, Harriet Miers, to defy a congressional subpoena and refuse to testify Thursday before a House panel investigating U.S. attorney firings.

"Ms. Miers has absolute immunity from compelled congressional testimony as to matters occurring while she was a senior adviser to the president," White House Counsel Fred Fielding wrote in a letter to Miers' lawyer, George T. Manning.

John Conyers and Linda Sanchez were clearly anticipating this maneuver and prepared the following statement:

We are aware of absolutely no court decision that supports the notion that a former White House official has the option of refusing to even appear in response to a Congressional subpoena. To the contrary, the courts have made clear that no present or former government official - even the President - is above the law and may completely disregard a legal directive such as the Committee's subpoena. [..]

A refusal to appear before the Subcommittee tomorrow could subject Ms. Miers to contempt proceedings, including but not limited to proceedings under 2 U.S.C. § 194 and under the inherent contempt authority of the House of Representatives.

C'mon Congress, it's beyond ridiculous now.  How about calling the Sergeant at Arms and have him escort Miers to the hearing?  You can turn up the heat by contacting the Judiciary Committee here.

About Nicole Belle
Nicole Belle's picture
Mom, Wife, Media Critic/Political Analyst, Blogger, Austen Fanatic, Unapologetic Liberal NicoleBelle@crooksandliars.com
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165 Comments
The Truth Hurts's picture

Chimpy has already shit all over the law....what's one more turd???

getalife's picture

"Bush Skips Questions As White House Press Room Unveiling"

Talk about cut and run.

Coward.

Loser.

Geez.

Bookem Danno's picture

Er...line in the sand, anyone?

ren's picture

"Biden/Clark 08"

Dunbar's picture

where does this "absolute immunity" come from? And I'm really asking here -- is this true?

PNAAC Minister's picture

Congress is in jeopardy of becoming our nation's largest joke.

ren's picture

god, she is fucking ugly

Mr. Blade2's picture

The Truth Hurts @ 1:

Chimpy has already shit all over the law....what's one more turd???

Best comment of the day. :-)

You basically said what I was thinking. GJ

Straight Shooter's picture

Disbar her. Slap her with a fine.

Nice bit of lovesickness you've got going there, Harriet.

Its time for Congress to approach the obstruction of Justice
--> as a Criminal Investigation.

They cant stop that.
Consult Turley immediately.

And Do Not let it get to the Supreme Court.

Paul's picture

He has no legal authority to order it, she haslegal authority to refuse. He is now guilty of obstruction of Congress, an impeachable offense - if Congress so decides.

Nancy Pelosi: Do your duty or resign.

Eamon's picture

I'm from Ireland so I'm not invested either way but jebus christ it doesn't say a lot for humanity that 29% of your country would elect him for a third term if it was possible

miss_kitty's picture

ren @ 7:

god, she is fucking ugly

God, that's fucking relevant to the issue :roll:

lafin gas's picture

Under inherent contempt, congress can try her right there on the floor. Don’t give up on America yet!

steve davis's picture

Dunbar, yes, absolute immunity really does exist. It requires many years as an apprentice to one of the infrequent hermit gung-fu masters who reside mostly on some small islands in the South China sea. The apprentice spends many long years shaping his hands into knives and punching into jars filled with sand. At the end of the process, the apprentice can execute a palm strike and rip the heart out of a charging bull. This confers the special absolute immunity technique on the apprentice. It's also good for congressional subpoenas. Who knew?

Richard's picture

First..stop running with the narrative.
Bush did not order this fool to shut up as he has no authority to do that. He asked her to shut up and she said yes. The decision to keep quiet is hers. And she should go down for it. This will be the only shot Democrats get on this matter.

Seele^'s picture

Kneel before Zod!

enaud's picture

What would of happened if Clinton had done something like this. The confrontation seems at hand. The sooner the better. Let's get it on.

Pechorin's picture

Hey Harriet. The heavy eye liner only makes you uglier. I suggest a bag over your head.

L.A. Confidential's picture

Miers is said to be one of Bush's closest personal friends, and appears given to effusive praise for the President. According to former Bush speechwriter David Frum, Miers has called Bush the most brilliant man she had ever met [13] and says he was the "best Governor ever" (see [5]). She also stated that "serving President Bush and Mrs. Bush is an impossible-to-describe privilege" and noted that Bush's personal qualities "make a brighter future for our nation and people all around the world possible." (see [6]).

rend's picture

jeez, they are just fucking evil,, what the hell have they been up to?

honesty's picture

How about National Strikes? Anyone??

Ken's picture

Obviously, if the prez is granting immunity to not testify, they are hiding something... otherwise why would they care if the firings were 'innocent.'

wicked bitch's picture

[Deleted Off topic-Sitemonitor]

Paul's picture

My note to the Judiciary Committee:

"Bush's latest act of ordering Meirs to refuse to answer your subpeona constitutes contempt of Congress. How many crimes is this thug going to have commit before it finally becomes time to impeach him? If Meirs refuses to comply, order her arrested and dragged before the committee, and add contempt of Congress and obstruction of Congress to articles of impeachment. That he is still sitting in office is a reflection of dereliction of Constitutional duty by Congress.

How many crimes? How many is it going to take?!?"

Seele^'s picture

[Deleted Off topic-Sitemonitor]

L.A. Confidential's picture

L.A. Confidential @ 20:

Miers has called Bush the most brilliant man she had ever met

It's no wonder the United States is collapsing into a steaming heap of it's former self.

yorp's picture

i guess tomorrow we'll see who has the bigger balls, harriet or congress.

Nicole Belle's picture

Please stop the personal attacks and comments on Miers' appearance. This is a serious issue of constitutional proportions.

To turn this into an insult-fest over looks is demeaning to everyone.

cheesesauce's picture

Holy Pelosi! The fuhrer has so ordered! Silence!
And, I stand here blinking in astonishment. I can't stop batting my eyes! Whatever shall we do? I know this site doesn't advocate violence, but a severe scolding is in order, I think. To whom shall the democratic leadership direct these harsh words?

Joe Klein's conscience's picture

Dunbar @ 5:

where does this "absolute immunity" come from? And I'm really asking here -- is this true?

Josh over at TPM says Bush is committing a crime telling her to not even show up.

tyree's picture

isnt this old hag the gal that said shed love to throw bush down on the floor of the oval office and give him the blow job he allways needed?

redratio1's picture

I predict the Dems will do nothing and get nothing done...AS USUAL. Spineless turds that they are.
GWB could fart in their face and all they would do is wipe his ass.
.

WashStateBlue's picture

Will you check out the Sh*t eating smirk on Chimpy in the picture?

He sure loves him them adoring Bush'y females like Harriet!

where does this “absolute immunity” come from? And I’m really asking here — is this true?

No place in the Constitution, that's for sure. Just like the rest of this crap, Cheney and Bush are pulling it out of their backsides, and Alberto is nodding along like a bobble head doll!

But, get ready to hear that phrase Absolute Immunity again, about January 2009, as Bush issues Absolute Immunity Pardons for Cheney, Rove, all the rest of the Bush Crime Family as he exits office....

L.A. Confidential's picture

Nicole Belle @ 29:

Please stop the personal attacks and comments on Miers' appearance. This is a serious issue of constitutional proportions.

To turn this into an insult-fest over looks is demeaning to everyone.

Yeah come on we're all going to look like that someday. Or like Rupert Murdoch.

Lets stick with the under "lying" substance.

The Truth Hurts's picture

PNAAC Minister @ 6:

Congress is in jeopardy of becoming our nation's largest joke.

BECOMING the nation's largest joke???? They're already there.

Worthless. Spineless. Toothless. Cowards. At some point, I hope to see a Dem stand up ands show they have a pair.

Strawberry's picture

Sooooo, Harriet has never been married, Condi has never been married and that one blond chick, the one who went to turkey and got booed...what's her face? Never been married...am I missing some? Anyone else see a pattern here? And they all adore Bush. Freud would have a field day. PS. She is ugly but not because she's old, short and wrinkled, it's because she has no soul.

Working Dad's picture

It's alright, folks. Gawd told him what to do. That's the Big Deciderer to the Little Deciderer here on Earth. Isn't that how it works?

Kinda like the Pope or something.

I mean Republicans would let a Democrat president do the same thing, right? "respect for the office"..."executive privilege"..."national security"..."unitary executive"...

Nothing to worry about. Just keep your heads down and work and shop and drive and watch TV...They've got everything under control...

Jack Damage's picture

How bout pitchforks and touches by the millions up and down Pennsylvania Ave.... Both end of that boulevard needs to have its ass kicked................JD

Strawberry's picture

L.A. Confidential @ 35:

Nicole Belle @ 29:

Please stop the personal attacks and comments on Miers' appearance. This is a serious issue of constitutional proportions.

To turn this into an insult-fest over looks is demeaning to everyone.

Yeah come on we're all going to look like that someday. Or like Rupert Murdoch.

Lets stick with the under "lying" substance.

Or Roger Ailes..icka. PS did you know that Ailes was a media adviser to Nixon?

AConfederacyofDunces's picture

See posting at TPM (TalkingPointsMemo.com) and note that it is likely that Bush has added another felony to his litany of executive abuses.

Impeach. Indict. Imprison.

...

asoudiere@hotmail.com's picture

And what is Pelosi doing about this? Complain? Complain is not going to save this country from W, Madam Speaker?

AF_Comm_Guy's picture

I'm curious, what actual muscle does Congress have to exercise a subponea? The president has the Secret Service to protect him and the FBI to go after criminals. Who does Congress actually have that can go out, grab up someone who refuses to testify and march their ass to the Capitol Building? Personally, since she is refusing to testify, I say they put her in an orange jumpsuit and shackles while she testifies. Still, what law enforcement agency does Congress turn to when they have to force somebody to appear before them?

L.A. Confidential's picture

Uh Oh. Just in the Nick of Time for Bush

They'll make certain this "drowns out" the Miers Scandal. Milk it for everything they can.

Breaking News
Lady Bird Johnson dies at 94
AP - 1 minute ago

AUSTIN, Texas - Lady Bird Johnson, the former first lady who championed conservation and worked tenaciously for the political career of her husband, Lyndon B. Johnson, died Wednesday, a family spokeswoman said. She was 94.

L.A. Confidential's picture

Turn up the NOISE!

AP - 15 minutes ago

WASHINGTON - The government has concluded that al-Qaida has rebuilt its operating capability to a level not seen since the summer of 2001, The Associated Press has learned.

Amy's picture

Eamon @ 12:

I'm from Ireland so I'm not invested either way but jebus christ it doesn't say a lot for humanity that 29% of your country would elect him for a third term if it was possible

Oh Eamon why are you trying to ruin my day? It's sunshiny (a bit hot though eh Strawberry?) and Bush just tripped into a pile of "oooh gotcha" of a legal nature trying to protect his own ass. And you have to go and say something like that.

Oh and Stawberry that woman that got booed? Wasn't she also a Whit House lawyer, Kathleen something? They barked at her in the Middle East? If it was who I'm thinking of then she is married with 2 (?) boys. She quit as his lawyer to spend time with her kids and then came back as an ambassador of goodwill or some such nonsense.

roooth's picture

My note to judiciary committee:

What is it going to take for you all to wake up and smell the dictatorship?

Does Bush have to start marching around the South Lawn with shiny gold epaulets, crossed bandoleers, pistolas, and a sword before you all realize how far off the deep end this administration has gone?

Not to mention Cheney and whatever is in that mansize safe of his. What's in that thing? It can't be there just so he can say he has something mansize.

You have everything you need to bring this travesty to an end - except the will to do it, apparently.

Please, for my 20 year old Marine son and all his friends - stop this insanity!

Ruthless People's picture

#42. No, Pelosi is blinking herself into a stooper while Harry Reid whines and belly aches.

This is why the lawless and criminal Bush regime is stacking the courts, right up to the supreme court, with right wing unqualified ideologues who overturn precedent in favor of the criminal executive so its criminal actions are no longer criminal and so congress can do nothing to stop them. The key at this juncture is the courts to make congress less irrelevant.

Working Dad's picture

Don't you worry, Li'l Georgie. After Harriet's arrest, trial and conviction, you can just commute her sentence too. Isn't being President just awesome?

I_N_Cognito's picture

I cant take this anymore. it's a new lie or scandal every single day with these people.

The dems are wimps, and the reps are scum. We're screwed.

dinkface's picture

Digging the hole deeper, eh Georgie? He's gotten away with this sort of shit so many times he probably figures nobody even notices any more. Once this clown packs his trunk and leaves the stage does he get to keep all these "magic powers" that have so far kept him from the gallows? I'm wondering what's going to become of him and his minions once their names come off the doors. Can we go after them when they return to the private sector or are these "magic powers" granted to them open ended?

Ruthless People's picture

Ruthless People @ 48:

#42. No, Pelosi is blinking herself into a stooper while Harry Reid whines and belly aches.

This is why the lawless and criminal Bush regime is stacking the courts, right up to the supreme court, with right wing unqualified ideologues who overturn precedent in favor of the criminal executive so its criminal actions are no longer criminal and so congress can do nothing to stop them. The key at this juncture is the courts to make congress less irrelevant.

I mean irrelevant

pissed off patricia's picture

Could Harriet show up the way Sara Taylor did today and just not answer any "sensitive" questions.? Or has she been ordered not to even show up?

bmw 528's picture

I sent an e mail to the Judiciary Committee link provided. I don't know how much more provocation Congress needs. The Fuhrer in Chief has turned into Dirty Harry---Feeling lucky, punk? Go ahead, make my day.

So Judiciary Committee, make his day---NOW! If you don't, I 'll call every goddam one of you to find out what it takes to get you off your dead ass.

AF_Comm_Guy's picture

At what point are we the people going to be justified in taking matters into our own hands and forcibly removing these right wing judges and do nothing congress critters? This country needs a revolution, if only a small one.

Ruthless People's picture

dinkface @ 51:

Digging the hole deeper, eh Georgie? He's gotten away with this sort of shit so many times he probably figures nobody even notices any more. Once this clown packs his trunk and leaves the stage does he get to keep all these "magic powers" that have so far kept him from the gallows? I'm wondering what's going to become of him and his minions once their names come off the doors. Can we go after them when they return to the private sector or are these "magic powers" granted to them open ended?

I guess one of the keys is a Democratic president in 2008 to make sure these criminals don't get presidential pardons.

Strawberry's picture

L.A. Confidential @ 45:

Turn up the NOISE!

AP - 15 minutes ago

WASHINGTON - The government has concluded that al-Qaida has rebuilt its operating capability to a level not seen since the summer of 2001, The Associated Press has learned.

LA Confidential, sooooo....I'm confused...the Iraq War iiiis keeping us safer? But Al Queda is getting stronger, Squidward Chertoff has a gut feeling we're going to be attacked...and The White House says we're winning the war?...I think I need a nap.

Silence Dogood's picture

2 U.S.C. § 194 :

Whenever a witness summoned as mentioned in section 192 of this title fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session or when Congress is not in session, a statement of fact constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action.

Yawn. Yeah yeah. Grand jury. Here we go again:

-Bushie does something wrong. (this time, contempt of congress)
-Investigation (Waxman refers to grand jury)
-Indictment (Miers is in contempt)
-Conviction
-Commutation (Gross miscarriage of justice)
REPEAT.

Alex Roberts's picture

When one man feels he has the right to overrule the law of Congress it is no longer a democratic form of government.

It's called a dictatorship.

Eamon's picture

you can't plead to the logic or humanity of Republicans. you guys should start another civil war - a 'cleansing' of the nation - call it what you will. You'd get rid of the 30% of regressives & insodoing solve global warming, bring house prices down etc etc. You could build a coalition of the willing, the world, say. I hereby pledge Ireland's two war-planes.

Where is it written that a president, any president can claim executive privilege?

equilibrio's picture

Nicole Belle @ 29:

Please stop the personal attacks and comments on Miers' appearance. This is a serious issue of constitutional proportions.

To turn this into an insult-fest over looks is demeaning to everyone.

miss_kitty @ 13:

ren @ 7:

god, she is fucking ugly

God, that's fucking relevant to the issue :roll:

While I understand the point Nicole and MK are trying to make, the sad truth about our society is
Looks DO Matter

i.e., Miss Miers could NEVER get away with the smiling, flirtacious, manner in which Dana Perino lies. Perhaps that was taken into consideration in the decision to not even have Meirs appear.

The beltway buzzword for this is "MEDIA-GENIC."
Perino is, Meirs isn't, and don't think that Karl Rove doesn't realize this and use it to his advantage.

Silence Dogood's picture

pissed off patricia @ 61:

Where is it written that a president, any president can claim executive privilege?

Good point. This is just a result of activist judges, eh Bush?

roooth's picture

Eamon,

You mean Karen Hughes.

Evil, lying, nasty, Karen Hughes. After she left the White House and Iraq started to fall apart, Bush called on her to be an "ambassador" of good will, to tell the Arab world why they should love all things Bush.

Imagine; Bush is so completely blind to political and cultural realities, and so incredibly arrogant and sure of his inherent right as the ruler of America to do whatever the hell he pleaes, that he sent a white, non-arabic speaking, Christian Fundementalist, neo-con right-winger with no relevant education or training, to go to the Arab world and tell them why they should like us.

It didn't last long, but I bet it cost millions.

Strawberry's picture

Thanks Amy, sorry, I must have gotten my blonde, vapid, Bush adoring republican females confused, they really should go to different plastic surgeons.

Eamon, I think I heart you. Keep the planes gassed up, we may need them. :)

stonicus's picture

She won't show. Even if the Dems go after her for anything, Chimpy will pardon her.

Silence Dogood's picture

Silence Dogood @ 63:

pissed off patricia @ 61:

Where is it written that a president, any president can claim executive privilege?

Good point. This is just a result of activist judges, eh Bush?

In fact, where's that nut, Scalia, when we need him? Let's strictly construct the Constitution, just this once.

grimcity's picture

King George.

Man up, Nancy.

L.A. Confidential's picture

I_N_Cognito @ 50:

I cant take this anymore. it's a new lie or scandal every single day with these people.

The dems are wimps, and the reps are scum. We're screwed.

We we're screwed in Nov 2000

I'm serious, what is the history of executive privilege? Have all presidents claimed it at one time or another? Where did it start and based on what?

carol's picture

Arrest, indict, impeach them all.

Yep, we were screwed in November of 2000 and is still hurts.

L.A. Confidential's picture

Strawberry @ 57:

L.A. Confidential @ 45:

Turn up the NOISE!

AP - 15 minutes ago

WASHINGTON - The government has concluded that al-Qaida has rebuilt its operating capability to a level not seen since the summer of 2001, The Associated Press has learned.

LA Confidential, sooooo....I'm confused...the Iraq War iiiis keeping us safer? But Al Queda is getting stronger, Squidward Chertoff has a gut feeling we're going to be attacked...and The White House says we're winning the war?...I think I need a nap.

Rather then the 40th anniversary of the Summer of Love, I think we can expect the first official Summer of Terror AT THIS RATE.

clone12's picture

You know, I bet Harriet Miers can be an awesome Emperor Palpatine come Halloween....

honesty's picture

All I can do is TRY!

Come on people unify and get together on a late July stay at home strike. Think about it! Pick a day and keep safe at home while the nation grinds to a stop. No business is conducted and everyone places themselves under house arrest.

Marchers and protesters would need to take a day off any way and have to spend money on food n fuel.

L.A. Confidential's picture

The Summer of Fear

Silence Dogood's picture

pissed off patricia @ 71:

I'm serious, what is the history of executive privilege? Have all presidents claimed it at one time or another? Where did it start and based on what?

Ok...you asked for it. This is from In re Sealed Case
121 F.3d 729:

Since the beginnings of our nation, executive officials have claimed a variety of privileges to resist disclosure of information the confidentiality of which they felt was crucial to fulfillment of the unique role and responsibilities of the executive branch of our government. Courts ruled early that the executive had a right to withhold documents that might reveal military or state secrets. See United States v. Reynolds, 345 U.S. 1, 6-8, 73 S.Ct. 528, 531-32, 97 L.Ed. 727 (1953); Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp., 333 U.S. 103, 111, 68 S.Ct. 431, 436, 92 L.Ed. 568 (1948); Totten v. United States, 92 U.S. 105, 106-07, 23 L.Ed. 605 (1875). The courts have also granted the executive a right to withhold the *737 **284 identity of government informers in some circumstances, see Roviaro v. United States, 353 U.S. 53, 59-61, 77 S.Ct. 623, 627-28, 1 L.Ed.2d 639 (1957), and a qualified right to withhold information related to pending investigations. See Friedman v. Bache Halsey Stuart Shields, Inc., 738 F.2d 1336, 1341-43 (D.C.Cir.1984). Other privileges sanctioned by the Supreme Court include the grant of absolute immunity to the President from civil liability for official acts, see Nixon v. Fitzgerald, 457 U.S. 731, 749, 102 S.Ct. 2690, 2701, 73 L.Ed.2d 349 (1982) ( Fitzgerald), and from judicial compulsion to perform a discretionary act. See Franklin v. Massachusetts, 505 U.S. 788, 802-03, 112 S.Ct. 2767, 2776-77, 120 L.Ed.2d 636 (1992) (plurality opinion); Swan v. Clinton, 100 F.3d 973, 977-78 (D.C.Cir.1996).FN3

FN3. For a listing of the different forms of executive privilege sanctioned by courts, see Gerald Wetlaufer, Justifying Secrecy: An Objection to the General Deliberative Privilege, 65 Ind. L.J. 845, 845 n.3 (1990); see generally Murl A. Larkin, Federal Testimonial Privileges §§ 5 to 7 (1996); 3 Weinstein's Federal Evidence §§ 509-10 (Joseph M. McLaughlin, ed., 2d ed.1997).

[2] [3] [4] [5] The most frequent form of executive privilege raised in the judicial arena is the deliberative process privilege; it allows the government to withhold documents and other materials that would reveal “advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.” Carl Zeiss Stiftung v. V.E.B. Carl Zeiss, Jena, 40 F.R.D. 318, 324 (D.D.C.1966), aff'd, 384 F.2d 979 (D.C.Cir.1967); accord NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 151-53, 95 S.Ct. 1504, 1516-18, 44 L.Ed.2d 29 (1975); EPA v. Mink, 410 U.S. 73, 86-93, 93 S.Ct. 827, 835-39, 35 L.Ed.2d 119 (1973). Although this privilege is most commonly encountered in Freedom of Information Act (“FOIA”) litigation, it originated as a common law privilege. See Wolfe v. Department of Health and Human Services, 839 F.2d 768, 773 (D.C.Cir.1988) (en banc); Jordan v. Department of Justice, 591 F.2d 753, 772 (D.C.Cir.1978) (en banc).FN4 Two requirements are essential to the deliberative process privilege: the material must be predecisional and it must be deliberative. See Army Times Publ'g Co. v. Department of the Air Force, 998 F.2d 1067, 1070 (D.C.Cir.1993); Wolfe, 839 F.2d at 774. Both requirements stem from the privilege's “ultimate purpose[, which] ... is to prevent injury to the quality of agency decisions” by allowing government officials freedom to debate alternative approaches in private. Sears, 421 U.S. at 151, 95 S.Ct. at 1516-17. The deliberative process privilege does not shield documents that simply state or explain a decision the government has already made or protect material that is purely factual, unless the material is so inextricably intertwined with the deliberative sections of documents that its disclosure would inevitably reveal the government's deliberations. See id. at 150-54, 95 S.Ct. at 1516-18; Mink, 410 U.S. at 87-91, 93 S.Ct. at 836-38; Wolfe, 839 F.2d at 774; see generally Russell L. Weaver & James T.R. Jones, The Deliberative Process Privilege, 54 Mo. L.Rev. 279, 290-98 (1989).

FN4. Some aspects of the privilege, for example the protection accorded the mental processes of agency officials, see United States v. Morgan, 313 U.S. 409, 421-22, 61 S.Ct. 999, 1004-05, 85 L.Ed. 1429 (1941), have roots in the constitutional separation of powers. See 3 Weinstein's Federal Evidence § 509.21[3] at 509-16.

[6] [7] [8] [9] The deliberative process privilege is a qualified privilege and can be overcome by a sufficient showing of need.FN5 This need determination is to be made flexibly on a case-by-case, ad hoc basis. “[E]ach time [the deliberative process privilege] is asserted the district court must undertake a fresh balancing of the competing interests,” taking into account factors such as “the relevance of the *738 **285 evidence,” “the availability of other evidence,” “the seriousness of the litigation,” “the role of the government,” and the “possibility of future timidity by government employees.” In re Subpoena Served Upon the Comptroller of the Currency, 967 F.2d 630, 634 (D.C.Cir.1992) (internal quotations omitted) (quoting In re Franklin Nat'l Bank Securities Litig., 478 F.Supp. 577, 583 (E.D.N.Y.1979)); see also Tuite v. Henry, 98 F.3d 1411, 1417 (D.C.Cir.1996) (describing need in the context of the law enforcement investigatory privilege, which involves balancing similar factors, as “an elastic concept”); Developments in the Law-Privileged Communications, 98 Harv. L.Rev.. 1450, 1621 (1985) (“courts simply engage in an ad hoc balancing of the evidentiary need against the harm that may result from disclosure”); Larkin, supra, § 5.03 at 5-89 to 5-92 (“need for [privileged materials] may vary considerably, depending on the circumstances”). For example, where there is reason to believe the documents sought may shed light on government misconduct, “the privilege is routinely denied,” on the grounds that shielding internal government deliberations in this context does not serve “the public's interest in honest, effective government.” Texaco Puerto Rico, Inc. v. Department of Consumer Affairs, 60 F.3d 867, 885 (1st Cir.1995); see also In re Comptroller of the Currency, 967 F.2d at 634 (“the privilege may be overridden where necessary ... to ‘shed light on alleged government malfeasance’ ”) (quoting Franklin Nat'l Bank, 478 F.Supp. at 582); Wetlaufer, supra, at 852 n. 25, 855 (listing cases).

FN5. This characteristic of the deliberative process privilege is not an issue in FOIA cases because the courts have held that the particular purpose for which a FOIA plaintiff seeks information is not relevant in determining whether FOIA requires disclosure. See Sears, 421 U.S. at 149 n. 16, 95 S.Ct. at 1516 n. 16; Mink, 410 U.S. at 86, 93 S.Ct. at 835; see also Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749, 771-72, 109 S.Ct. 1468, 1480-81, 103 L.Ed.2d 774 (1989) (determination of whether disclosure of information constitutes an unwarranted invasion of privacy under FOIA's exemption 7(c) turns on nature of document and what document reveals about operation of government and not on identity or purpose of requestor).

Although executive privilege in general is no stranger to the courtroom, one form of the executive privilege is invoked only rarely and that is the privilege to preserve the confidentiality of presidential communications. Hints of a presidential communications privilege made an early appearance in Marbury v. Madison where Chief Justice Marshall suggested that for a court to intrude “into the secrets of the cabinet” would give the appearance of “intermeddl[ing] with the prerogatives of the executive.” 5 U.S. (1 Cranch) 137, 170, 2 L.Ed. 60 (1803). Four years later, in 1807, Marshall again addressed the presidential privilege during the trial of Aaron Burr on charges of treason. President Jefferson asserted the privilege in an effort to avoid producing a letter that he had received from General Wilkinson, one of Burr's main accusers. Marshall, sitting on circuit, issued a subpoena for the letter, ruling that “[i]f [the letter] does contain any matter which it would be imprudent to disclose, which it is not the wish of the executive to disclose, such matter, if it be not immediately and essentially applicable to the point, will, of course, be suppressed.” United States v. Burr, 25 F. Cas. 30, 37 (C.C.Va.1807) (No. 14,692d). Although Burr was acquitted in his treason trial before there were further proceedings on his subpoena, he was immediately put on trial again on misdemeanor charges and as a result sought production of another letter Wilkinson had sent to Jefferson. See Paul A. Freund, The Supreme Court, 1973 Term-Foreword: On Presidential Privilege, 88 Harv. L. Rev.. 13, 22-31 (1974).

In neither instance, however, was Marshall forced to definitively decide whether such a presidential privilege existed and if so, in what form. In Marbury, Marshall found that the question of whether a commission as justice of the peace had been issued was a matter of legal and public record, not a confidential cabinet matter, setting the stage for the Court's pronouncement there that “[i]t is, emphatically, the province and duty of the judicial department, to say what the law is.” 5 U.S. (1 Cranch) at 177.FN6 In the Burr misdemeanor trial, Jefferson responded to the subpoena by sending Wilkinson's letter to George Hay, the U.S. Attorney prosecuting Burr, with instructions that the U.S. Attorney should determine what portions should *739 **286 be withheld. This delegation induced Marshall to order that the letter be provided to Burr in its entirety, because “[t]he propriety of withholding [the letter] must be decided by [the President] himself.” United States v. Burr, 25 F. Cas. 187, 192 (C.C.Va.1807) (No. 14,694). FN7

FN6. Marshall's conclusion was presaged by the argument before the Court, where then-Attorney General and former Secretary of State Levi Lincoln had resisted testifying about the whereabouts of Marbury's commission on the grounds that such information was an official secret he had learned in his position as Secretary of State. The Court had responded that “[t]here was nothing confidential to be disclosed. If there had been he was not obliged to answer it ... but that the fact whether such commissions had been in the office or not, could not be a confidential fact.” Marbury, 5 U.S. (1 Cranch) at 144.

FN7. Jefferson then proceeded to transmit a copy of the letter identifying portions he believed should be deleted to Hay. But since Burr was again acquitted, he did not seek production of the letter until a third set of proceedings, these on the issue of whether he should be committed to custody for trial in Ohio on other charges. Ruling from the bench, Marshall denied Burr's request for the letter, stating “[a]fter such a certificate from the president of the United States as has been received, I cannot direct the production of those parts of the letter, without sufficient evidence of their being relevant to the present prosecution.” Freund, supra, at 29. Marshall instead held that the deleted portions could be inferred to support Burr. Id., 25 F.Cas. 30. Although Marshall never definitively ruled on the President's claims of privilege, his decision to issue the subpoena against President Jefferson has had lasting significance in establishing that “the President is subject to judicial process in appropriate circumstances.” Clinton v. Jones, 520U.S. 681, ---- & n. 38, 117 S.Ct. 1636, 1649 & n. 38, 137 L.Ed.2d 945 (1997).

The presidential communications privilege did not resurface in court for over a hundred and fifty years.FN8 Presidential claims of a right to preserve the confidentiality of information and documents figured more prominently in executive-congressional relations, but these claims too were most often essentially assertions of the deliberative process privilege.FN9 Moreover, given the restrictions on congressional standing and the courts' reluctance to interfere in political battles, few executive-congressional disputes over access to information have ended up in the courts.FN10 As a result, it was not until the 1970s and Watergate-related lawsuits seeking access to President Nixon's tapes as well as other materials that the existence of the presidential privilege was definitively established as a necessary derivation from the President's *740 **287 constitutional status in a separation of powers regime.

FN8. Two cases, Mink and Soucie v. David, 448 F.2d 1067 (D.C.Cir.1971), involved reports that were prepared pursuant to a presidential request and reviewed by the President, but in both cases the courts viewed the privilege claim at issue as being simply an assertion of the general deliberative process privilege, embodied in exemption five of the Freedom of Information Act, rather than a distinct privilege for presidential communications. See Mink, 410 U.S. at 91-93, 93 S.Ct. at 837-39; Soucie, 448 F.2d at 1071-72, 1075-78.

FN9. See, e.g., Robert Kramer & Herman Marcuse, Executive Privilege-A Study of the Period 1953-1960: Part I, 29 Geo. Wash. L. Rev. , 682-87, 692-93 (1961) (describing President Eisenhower's refusal to allow any executive branch officers to reveal to Congress internal deliberations on official matters). Although scholars dispute how often Presidents have actually refused to provide Congress with information on grounds of executive privilege, debate over the President's ability to withhold confidential information from Congress has occurred since the early years of our nation, when President George Washington discussed with his cabinet in 1792 how to respond to a congressional inquiry into the military misfortunes that beset General St. Clair's expedition. See Archibald Cox, Executive Privilege, 122 U. Pa. L. Rev. 1383, 1395-1405 (1974); see generally Raoul Berger, Executive Privilege: A Constitutional Myth (1974); Adam C. Breckenridge, The Executive Privilege: Presidential Control Over Information (1974); Daniel N. Hoffman, Governmental Secrecy and the Founding Fathers: A Study in Constitutional Controls (1981); Mark J. Rozell , Executive Privilege: The Dilemma of Secrecy and Democratic Accountability (1994). Interestingly, it appears that Congress has at times accepted executive officers' refusal to testify about conversations they had with the President, even as it was insisting on access to other executive branch documents and materials. See, e.g., Rozell, supra, at 44; Robert Kramer & Herman Marcuse, Executive Privilege-A Study of the Period 1953-1960: Part II, 29 Geo. Wash. L. Rev.. 827, 872-73 (1961). A very early instance of such a refusal by an executive officer came in the course of the House's investigation into why Alexander Hamilton had deposited into the Bank of the United States certain funds intended to pay off foreign debt. The House sought to know Hamilton's authority for this act, to which Hamilton replied that he would not provide any instructions President Washington had given him, because “[t]hat question must, then, be a matter purely between the President and the agent, not examinable by the Legislature.” Hoffman, supra, at 122. However, the House rejected the claim of privilege, and Hamilton eventually provided the material sought. Id. at 118-24.

FN10. It appears that the courts have been drawn into executive-congressional disputes over access to information on only three recent occasions. These were: United States v. AT&T, 551 F.2d 384 (D.C.Cir.1976), appeal after remand, 567 F.2d 121 (D.C.Cir.1977); Senate Select Comm'ee on Presidential Campaign Activities v. Nixon ( Senate Committee ), 498 F.2d 725 (D.C.Cir.1974); United States v. House of Representatives, 556 F.Supp. 150 (D.D.C.1983).

L.A. Confidential's picture

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Faux is Fiction's picture

How much more of this shit can the American public take ? Please give Dumbya a pretzel and some alone time.

Jeannie See's picture

Nicole Belle @ 29:

Please stop the personal attacks and comments on Miers' appearance. This is a serious issue of constitutional proportions.

To turn this into an insult-fest over looks is demeaning to everyone.

Damn, you beat me to it!!

L.A. Confidential's picture

Faux is Fiction @ 80:

How much more of this shit can the American public take ? Please give Dumbya a pretzel and some alone time.

A lot apparently

equilibrio's picture

AF_Comm_Guy @ 55:

At what point are we the people going to be justified in taking matters into our own hands and forcibly removing these right wing judges and do nothing congress critters? This country needs a revolution, if only a small one.

There are no small revolutions, only small revolutionaries. :-)

The "long train of abuses" are sufferable no more.
It is indeed time for citizens to fulfill their "duty" as described in the Declaration of Independence and "throw off" this BushCo. government.
We are well past the point of it being justified.

Spinnaker's picture

The wife was listening to a Stevie Wonder CD and looked up these lyrics:

You Haven't Done Nothin'

We are amazed but not amused
By all the things you say that youll do
Though much concerned but not involved
With decisions that are made by you

But we are sick and tired of hearing your song
Telling how you are gonna change right from wrong
cause if you really want to hear our views
You havent done nothing!

Its not too cool to be ridiculed
But you brought this upon yourself
The world is tired of pacifiers
We want the truth and nothing else

And we are sick and tired of hearing your song
Telling how you are gonna change right from wrong
cause if you really want to hear our views
You havent done nothing!

We would not care to wake up to the nightmare
Thats becoming real life
But when mislead who knows a persons mind
Can turn as cold as ice un hum

Why do you keep on making us hear your song
Telling us how you are changing right from wrong
cause if you really want to hear our views
You havent done nothing!

All she could think of was this presidency....

Sachem's picture
tHeGaMeOfLife's picture

What a freakin joke.

chimpy can break the law, obstruct justice, start wars, steal, lie, kill, torture, kill the shit out of values and truth and get away with it ?

How many chances do the repugs get? ...until the last two repugs are the only two nuts earth? How many fuck ups are they entitled?

How many ways can chimpy fuck up before people react? he's taken our children and sacrificed them to his gods.

L.A. Confidential's picture

It was his 61st birthday recently and when they left the White House for the helicopter, the staff had put together a crowd of staffers and their families that Bush wouldn’t recognize, lined them up behind a yellow tape and had them wave and shout nice things as the Royal Couple walked by. Bush was waving gleefully with both hands like a small child before opening his Christmas presents. Bystanders heard him say to the wife as they neared the helicopter, “I told you they all still love me!” And his wife nodded and said, ”Yes, they surely do, George.”

hadenuf's picture

I've been trying to get people, for years, behind no-shopping Sundays.
Can anyone do that?
If you can, how about 2 days/week?

I'll bet it's too hard.

WashStateBlue's picture

Yeah come on we’re all going to look like that someday. Or like Rupert Murdoch.

Yeah, but if you have billions like Rupert, ugly don't matter so much?

Women will sleep with your ugly shrunking corpse, cause money DOES change everthing....

It's either money or power, cause look at ol' Harriets crush on First Lt. Cod-piece! Without the fact he's the Prez, he couldn't probably even get laid by the DC Madaam....

honesty's picture

Let's face it people that this is a circular depression fest.

It is time to get together and meet up in a soothing National Strike followed by some sweet marches then some fine protests. It is TIME the economy will soon collapse.

Fred Dawes's picture

Oh Bush you old Rat, but he comes from a long line of Rats.

Mike's picture

[Deleted. Let's not denigrate on the basis of looks on this thread. M'Kay? Sitemonitor]

tHeGaMeOfLife's picture

Richard @ 16:

This will be the only shot Democrats get on this matter.

I doubt it.

Edwin's picture

[Deleted. Let's not denigrate on the basis of looks on this thread. M'Kay? Sitemonitor]

foolme1ns's picture

There is no such thing as "executive privilege". It isn't in any part of the Constitution. It was a made up defense by some President who didn't want the public to know what he was up to, even though he is a PUBLIC SERVANT!!!!

Guarantee of privacy attaches to private citizens NOT to public servants in their capacity AS a public servant. It is time to throw out the "executive privilege" garbage, once and for all. It doesn't exist!!!! It is time to haul them all off for contempt of congress!!!!

Sara Taylor, Harriet Miers, George Bush AND Dick Cheney!!!!! We have laws, and they are supposed to mean something. Everyone of these people should be in jail until they decide to cooperate with the peoples legislative branch. It is time for the congress to do its duty and quit trying to play political games with these criminals.

pinkythebrain's picture

Flashbacks of Nixon...

pinkythebrain's picture

Weren't these written about Gerogies father?

I Can't Remember...

I got no papers show you what I am
You'll have to take me just the way that you find me
What's gone is gone and I do not give a damn
Empty stomach, empty head
I got empty heart and empty bed
I don't remember
I don't remember

I don't remember, I don't recall
I got no memory of anything at all
I don't remember, I don't recall
I got no memory of anything
-anything at all

Strange is your language and I have no decoder
Why don't you make your inentions clear
With eyes to the sun and your mouth to the soda
Saying, "Tell me the truth, you got nothing to fear
Stop staring at me like a bird of prey
I'm all mixed up, I got nothing to say
I don't remember
I don't remember

I don't remember, I don't recall
I got no memory of anything at all
I don't remember, I don't recall
I got no memory of anything
Anything at all

I don't remember, I don't recall
I got no memory of anything at all
I don't remember, I don't recall
i got no memory of anything
absolutely anything at all
I don't remember

Court of Progressive Justice's picture

aaaaaaaaaaaAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA ! ! ! Monsters !

WashStateBlue's picture

LA Confidential, sooooo….I’m confused…the Iraq War iiiis keeping us safer? But Al Queda is getting stronger, Squidward Chertoff has a gut feeling we’re going to be attacked…and The White House says we’re winning the war?…I think I need a nap.

Yeah, but you see cognitive dissonance is EXACTLY what they want to do with the base at this point.

It's becoming almost possible their pea brains are about to wake up and realize how many GI's are dying for Cheney's bank account?

And, they got all fuzzy and burpy over the Illegal immigrant thing, which ALSO cleared just a titch of the fuzz out of their brains...

So, this strategy, hit them with absolute logical contradictions, fed to them as gospel by Rush and O'Rielly, and their brains will go back to that state of White Noise Obedience!

Keep in mind, bush JUST NEEDS the 28% on this side, so that the Republics in congress are scared to cross him.

It's just a stall, throw all this crap about executive privilege into the courts, keep stalling, run out the clock, and Bush blanket pardons everyone on his way back to Crawford!

Done deal, Crime of the Century, and they are untouchable from then on....

Biggus Diggus's picture

Good thing this harlot Harriet did not get confirmed for SCOTUS. She'd do whatever Bushking wanted.

SCHRODINGER'S CAT's picture

I have been doing some reading on the " Fall of the Roman Republic". I am not implying that there is a parallel but I do not think America can reverse course.

Anyway. There are some heavy posts in this thread. ( Silence Dogood @ # 78).

WashStateBlue's picture

Biggus Diggus @ 100:

Good thing this harlot Harriet did not get confirmed for SCOTUS. She'd do whatever Bushking wanted.

Yeah, as compared to those scholars of impartial jurisprudence, Roberts and Alito! (SNARK!)

goo's picture

what's the saying, stupidity is doing the same thing over and over again expecting a different result?

isn't that what your doing imploring the dems/congress to do something about bush?

they have no interest in doing the right thing because it's too costly to them personally.

i recognize the power and usefulness of the net but right now this blog doesn't even recognize the problem.

over and over again you rail against the symptoms while never addressing the cause.

our government is corrupt. all of it.

it's that simple. and it won't be corrected with a phone call or an email.

until the streets are filled with people nothing changes.

pinkythebrain's picture

Dogs

You gotta be crazy, you gotta have a real need.
You gotta sleep on your toes, and when you're on the street,
you gotta be able to pick out the easy meat with your eyes closed.
And then moving in silently, down wind and out of sight,
you gotta strike when the moment is right, without thinking.

And after a while you can work on points for style,
like the club tie and the firm handshake,
a certain look in the eye and an easy smile.
You have to be trusted by the people that you lie to,
so that when they turn their backs on you,
you'll get the chance to put the knife in.

You gotta keep one eye looking over your shoulder.
You know it's going to get harder, and harder and harder as you get older.
And in the end you'll pack up and fly down south,
hide your head in the sand,
just another sad old man,
all alone and dying of cancer.

And when you loose control, you'll reap the harvest you have sown.
And as the fear grows, the bad blood slows and turns to stone.
And it's too late to loose the weight you used to need to throw around.
So have a good drown as you go down, alone,
dragged down by the stone.

I gotta admit that I'm a little bit confused.
Sometimes it seems to me as if I'm just being used.
Gotta stay awake, gotta try and shake off this creeping malaise.
If I don't stand my own ground, how can I find my own way out of this maze?

Deaf, dumb and blind, you just keep on pretending
that everyone's expendable and no-one has a real friend.
And it seems to you the thing to do would be to isolate the winner.
And everything's done under the sun,
and you believe a heart, everyone's a killer.

Who was born in a house full of pain,
who was trained not to spit in the fan,
who was told what to do by the man,
who was broken by trained personnel,
Who was fitted with collar and chain,
who was given a seat in the stand,
who was breaking away from the pack,
who was only a stranger at home,
who was ground down in the end,
who was found dead on the phone, (we can hope...)
who was dragged down by the stone.

CHENEY'S SONG

Pigs (3 different ones)

Big man, pig man, ha ha charade you are.
You well heeled big wheel, ha ha charade you are.
And when your hand is on your heart,
you're nearly a good laugh, almost a joker,
with your head down in the pig bin,
saying, " Keep on digging", pig stain on your fat chin.
What do you hope to find, when you're down in the pig mine?
You're nearly a laugh, you're nearly a laugh,
but you're really a cry.
Bus stop rat bag, ha ha charade you are.
You ****ed up old hag, ha ha charade you are.
You radiate cold shafts of broken glass.
You're nearly a good laugh, almost worth a quick grin.
You like the feel of steel, you're hot stuff with a hat pin,
and good fun with a hand gun.
You're nearly a laugh, you're nearly a laugh,
but you're really a cry.

Hey you, Whitehouse, ha ha charade you are.
You house proud town mouse, ha ha charade you are.
You're trying to keep our feelings off the street,
you're nearly a real treat, all tight lips and cold feet,
and do you feel abused?

You gotta stem the evil tide,
and keep it all on the inside.
Mary, you're nearly a treat, Mary, you're nearly a treat,
but you're really a cry.

Pink Floyd. A band before their time...

Shine on you crazy diamond Syd...

konchster's picture

This woman will go to the gates of hell for The Shrub You want to see contempt watch her thumb her nose at those loose bowel dems

PNAAC Minister's picture

Biggus Diggus @ 100:

Good thing this harlot Harriet did not get confirmed for SCOTUS. She'd do whatever Bushking wanted.

And Alito won't?

abarts's picture

Dubya, Cheney, Pelosi, Reid...they all need to go.

ticktock's picture

two little words with a lot of weight.....

inherent contempt....

let's see what happens!...

Blue Texan's picture

I am linking to this comment on Talking Points Memo, because it says that what Bush has done, telling a person not to show up in response to a subpoena, is a federal felony:

WashStateBlue's picture

abarts @ 107:

Dubya, Cheney, Pelosi, Reid...they all need to go.

Of for goodness sakes, Nancy has her flaws, but Dick Cheney is the fricking Anti-Christ? Literally pure nihilistic evil in maxi-concentrated form, one drop poisons miles of virgin earth!

Putting Pelosi in the same list with Cheney is just absurd....

pinkythebrain's picture

The myth that the democrats 'control' congress is dangerous...

You can't pass legislation with only 50 votes... You need 60+ votes hence there is no control...

If anything, the democrats are a victim of their own ill thought out press releases...

Now, Rove only has to show that the 'democrats controlled congress and look what they did! Nothing!' and since the democrats said that, and continue to say that (they 'control' the congress), he's right...

Democrats don't control their own party members and certainly have no control over 'congress'... As for the senate, with anus polishers like Carl Levin kissing up to Lie-berman, their hold on the senate is that much weaker than it already is...

Expect more from a rock than the 'democratically controlled congress'...

If I was a house member, I'd keep them passing bill after bill that would adress the 'big issues' and make hay out of them dying in the senate time and time again...

It's a fight for keeps boys and girls and the game is about over...

Meanwhile Rome burns and the flames get hotter and bigger every day...

Redstate Ohio is third in the nation for mortgage foreclosures... I just said today: 'Poor republicans don't count in the republican party. Only their votes. They also make good filler for the potholes in the roads and kindling for the roaring fires...'

Blue Texan's picture

I am linking to this comment on Talking Points Memo, because it says that what Bush has done, telling a person not to show up in response to a subpoena, is a federal felony: http://talkingpointsmemo.com/archives/015273.php

Biggus Diggus's picture

I think our democracy has always been fragile and we just didn't know it until now because we've never had such ruthless, conscienceless, greedy sociopaths running the show.

SadButTrue's picture

Hey, I might have got my law degree from Sam Waterston U. (ie watching Law and Order on TV), but even I know that there is one well-known exception to the attorney-client privilege. The privilege is broken when communications with the client are in furtherance of an ongoing crime. Neither the lawyer nor the client can hide behind a wall of silence in that case.

One other thing. The mere invocation of privilege in this case confirms what many have believed all along. That is, that the denials of one after another official in the DoJ of making up the list of attorneys to be terminated did not originate with them. The logical conclusion has always been that they must therefore have originated in the White House, with many believing KKKarl Rove to have been involved. Thanks for letting the cat out of the bag, Harriet. Not only have you handed Senate investigators the loose thread to unravel this mess, you have implicated the WH in interfering with the functioning of another branch of government, in breach of the principal of separation of powers.

IN THE COLD's picture

The Presidanted is is above the law so says In The Cold soon to be Private First Class E-3

So there you liberals! He can break all the laws of the land since he was elected King! God help us all! May the constitution live after this mess...

neverbeenfooled's picture

My e-mail to the House Judiciary Committee:

My family supports your attempt to learn the truth concerning the firings of the U. S. Attorneys. I find it inconceivable that members of the Bush Administration, who swore an oath to uphold the Constitution, can so blatantly defy Congress and trample the legal principles they swore to defend. Do not permit this Administration to demote the Legislative branch of government to a subservient status. This may be the defining moment.

einstein's picture

it has become quite clear that the white house is obstructing and interfering into a ongoing criminal investigation

right on!'s picture

Off with her head! yelled the Red Queen...

right on!'s picture

Blue Texan Says: I am linking to this comment on Talking Points Memo, because it says that what Bush has done, telling a person not to show up in response to a subpoena, is a federal felony: http://talkingpointsmemo.com/archives/015273.php

So why isn't his fatass being thrown in jail?!

Bob Roberts's picture

As I recall, while Clinton was President, the Supreme Court ruled that it was possible to sue a sitting President and that anything the President said to White House counsel (at least in respect to matters relevant to the lawsuit) was not subject to solicitor-client privilege (which means the White House counsel could be compelled to testify about what the President said).

Is this still the law?

skudguppy's picture

I did my part and wrote the Judiciary Committee and told them what I thought. I hope you all did too. It baffles me that there is not more Americans outraged about this. I mean have we become so apathetic that we just accept it as just another Bushism...and laugh and scoff. My respect goes out to all of you that are speaking out with sincere concern. That is true patriotism.

Stentor's picture

isnt this old hag the gal that said shed love to throw bush down on the floor of the oval office and give him the blow job he allways needed?

Kneel before Zod!

That's it, now take it out, heh! Now show yur presuhdint some love Harriet, heh!

Another blue dress, shot to hell.

SadButTrue's picture

Bob Roberts @ 120:

As I recall, while Clinton was President...

As I recall, they also determined that Secret Service personnel could testify against the president about anything they witnessed while guarding him. And yet, in this administration Cheney shredded official lists of visitors to the Naval Observatory that he was mandated to preserve.

Why do the Republicans assume a new rulebook every time power changes hands? There seems to be one Constitution in effect when they are in the WH, another completely different one when the Dems are in.

Mike M's picture

Bush has no right to tell Senator Palpatine what he can or cannot say.

Annoyed Canuck's picture

ren @ 7:

god, she is fucking ugly

Yup.

Of course, calling her ugly is mean and doesn't advance the debate. But this woman is such a pathetic little lapdog - and, coincidentally, looks it.

Who the fuck does Bush think he is, forbidding a former employee from testifying??!!

Even Richard Fucking Nixon didn't have this kind of delusional gall!!

Stimey's picture

Good God Democrats, throw that ugly bitches ass in jail.

Jackie's picture

Miers disobeyed the law and now could be brought up on charges by the US Bar Association.
One would think Miers was smarter then that, as she was nominated to the Supreme Court. If she isn't smart enough to know what she's doing is illegal what does she really know about the law. If nothing is done about Miers none appearance then other people who are ordered to court can just this as precedent in their cases.

Tom (Not Tom)'s picture

Sam Ervin wouldn't have stood for this bullshit. Come on Leahy, start putting some bite in your bark.

lori's picture

Fuck these hideous people. Throw them in prison until they rot.

JAR's picture

Maybe bush should pardon this christian skank right now, for crimes she may have commited?
This non-elected administration will leave office in ashes, bush a paranoid, withered shell of a man.
But hey, he wouldn't have it any other way, now would he?

Gil Hul's picture

That was fun, writing to the judiciary committee. Always feels good to pitch instead of bitch.
Josh Marshall at TPM has a nice post about the laws that have just been broken, it's encouraging to read!
http://talkingpointsmemo.com/archives/015273.php
Hope springs eternal- can you be an optimist and a cynic at once?

Annoyed Canuck's picture

This is it, isn't it, the Constitutional line in the sand.

Bush has probably broken the law six different ways, but generally under the (admittedly shaky) cover of the war powers granted him by Congress.

This is different. He's forbidding a former employee, now a private citizen with no affiliation with the government, from obeying a congressional subpoena. There is no precedent for this, rather it appears to violate federal law.

This is like October 20, 1973, the night Nixon tried to force his Attorney General to fire the special prosecutor who had subpoenaed Nixon's tapes. Nixon fired the AG, then the replacement AG, before finally finding someone in the Justice Dept (Robert Bork) who would get rid of Archibald Cox.

Nixon couldn't get away with his effort to subvert a legal subpoena to enforce executive privelege - just as Bush can't get away with it.

Smells like a constitutional crisis to me.

LanceThruster's picture

Wrote to the Judiciary:

Please exercise your authority under the LAW and have Harriet Miers testify to Congress under oath. For Mr. Bush to declare she need not respond to a subpoena is absurd. The American people support holding the Bush administration accountable but only Congress and the Judiciary can bring this about. Such disregard for our legal system severely erodes respect for the rule of law. For no man or woman to be above the law, justice in this case truly needs to be blind and be applied evenly.

NChomsky's picture

How can your former boss "ORDER" you not to testify? Screw him.

yeranalyst's picture

Personally I think Harriet Meir looks quite intelligent. She looks just like William Buckley when he was twenty and carefree.

Larry's picture

Can't anything be done against this administration? Shouldn't Congress, or at least a few of them really go ballistic and follow through on something? Even if they try impeachment then History will show that something happened to fight an administration which is destined bring us all down. We will pay, in many ways, for decades.

kasinca's picture

It is time for the hancuffs and perp walk on the 6 PM news.

Radhika's picture

And this woman would have been sitting on the SCOTUS - if not for the fact that her inadequacies were too horribly visible even for the righties. On the otherhand, two equally manipulative, fascistic, criminal minds did get a seat on SCOTUS. After all, they are the appropriate types for theocratic rule - WHITE, FUNDAMENTALIST CHRISTAIN AND MALE.

Otay's picture

Forget dragging her into court. Instead, escort her to jail (or better yet, prison) for 1 month to let her ponder her situation, and then drag her into court.

Janet's picture

Bob Roberts @ 120:

As I recall, while Clinton was President, the Supreme Court ruled that it was possible to sue a sitting President and that anything the President said to White House counsel (at least in respect to matters relevant to the lawsuit) was not subject to solicitor-client privilege (which means the White House counsel could be compelled to testify about what the President said).

Is this still the law?

Is this still the law????? Only for Democrats apparently.

We are SICK of "HEARING" about These criminals who have stolen not only our Government, but our Rights!

We need to get Organized and get into the street, Write Letters, make Calls.As it stands right now, our government is Gone, Usurped, and the tiny shreds of what is left of the constituon need to be repaired.

This whole group is like a mafia, but one without honor.

PopYoColla's picture

Was I the only one who saw Sara Taylor get set up like the LAPD

PopYoColla's picture

I loved every minute of it. No wonder the WH doesn't want her to testify. Leahy is a sneaky bastard and i loved it. Keep the pressure on em Old School.

Jewel's picture

The Truth Hurts @ 36:

PNAAC Minister @ 6:

Congress is in jeopardy of becoming our nation's largest joke.

BECOMING the nation's largest joke???? They're already there.

Worthless. Spineless. Toothless. Cowards. At some point, I hope to see a Dem stand up ands show they have a pair.

SKdeA's picture

Pechorin @ 19:

Hey Harriet. The heavy eye liner only makes you uglier. I suggest a bag over your head.

There ain't no eyeliner in prison, Harriet...

no longer a proud american's picture

this is NOT about bush, NOT about harriet miers, the republican crime ring has drawn a line in the sand. they have been pushing the envelope with absolutely no consequences, and now they are defying authority once again. this IS about how the dems and the liberals will respond. are they going to issue a hollow protest and then roll over and play dead again. bush and his ilk are laughing once again with the sure knowledge that they have won again. they really can't believe how dumb and gutless the dems are.

kdjid's picture

Gil Hul @ 131:

That was fun, writing to the judiciary committee. Always feels good to pitch instead of bitch.
Josh Marshall at TPM has a nice post about the laws that have just been broken, it's encouraging to read!
http://talkingpointsmemo.com/archives/015273.php
Hope springs eternal- can you be an optimist and a cynic at once?

Excellent find! If for nothing more than to add it to our letters to congress as to remind a bunch of powerful lawyers of what the law is, and to make sure it is inforced by sending criminals to jail for a change.

Tim in Japan's picture

Thanks for the link to the judiciary committee.
I really hope that the 146 people that posted here before me took advantage of your efforts to make their opinions known as well.

bamboozled's picture

Can someone PLEASE tell me how it is that they could

appoint a special prosecutor to investigate Clinton's personal failed business dealings,

spend $50 million in taxpayer money,

come up with NOTHING but a blowjob,

and they could force the President

THE PRESIDENT

to testify before the American people,

UNDER OATH,

But we can't get ANYBODY,

NOT the president's attorney,

the vice president,

the vice president's lackies,

the lackies in the DOJ,

Barney the president's dog

To testify under oath about matters as serious as TREASON, OBSTRUCTION OF JUSTICE, and ILLEGAL POLITICAL FIRINGS??????

Court of Progressive Justice's picture

That picture is absolutely Hideous . . .

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