Bush Declares Himself the Supreme Being
Posted by MEC on July 20, 2007
The Bush Administration has decreed that the Bush Administration is above the law.
“A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case,” said a senior official, who said his remarks reflect a consensus within the administration. “And a U.S. attorney wouldn’t be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to happen.”
The official, who spoke on the condition of anonymity because he was not authorized to discuss the issue publicly, added: “It has long been understood that, in circumstances like these, the constitutional prerogatives of the president would make it a futile and purely political act for Congress to refer contempt citations to U.S. attorneys.”
[…]
David B. Rifkin, who worked in the Justice Department and White House counsel’s office under presidents Ronald Reagan and George H.W. Bush, praised the position and said it is consistent with the idea of a “unitary executive.” In practical terms, he said, “U.S. attorneys are emanations of a president’s will.” And in constitutional terms, he said, “the president has decided, by virtue of invoking executive privilege, that is the correct policy for the entire executive branch.”
Their reasoning (to use the term loosely) seems to be that the DoJ, being under the authority of the President, cannot act against that authority.
If that’s true, then let’s just wipe out Ken Starr’s investigation of President Clinton and the resulting impeachment, because it was improper in the first place for the Attorney General — the president’s subordinate — appointing the independent counsel to investigation her superior, and therefore all subsequent proceedings were invalid.
Isn’t it interesting how applying this Administration’s pronouncements about executive power to a Democratic Administration always shows how unprecedented and untenable the Busheviks’ claims are.
(H/T Molly I. in Eschaton)
6 Responses to “Bush Declares Himself the Supreme Being”
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Mercury Rising 鳯女 
Phoenix Woman said
Oh, yeah.
Charles said
The Congress has the repeated historical precedent to convene criminal trials and sentence on their own. They had better learn how to use that power, and quickly.
Assistant Village Idiot said
“Their reasoning (to use the term loosely) seems to be that the DoJ, being under the authority of the President, cannot act against that authority.”
That is not a logical extension of the quotes from the administration, which were tied to specifics. That this is their general view in any legal situation is a product of your imagining, not the content. I would hazard a guess that like many progressives, your beliefs about what the Bush administration’s real meaning are, are founded on a long string of similar exaggerations, each reinforcing the other, so that you “just know” what the story behind the story is. But if each can be picked apart as quickly as this one can, then ultimately there is no firm basis for your belief.
Charles said
It’s just wonderful how some guy on the Internets can dismiss MEC’s conclusion without any logical argument, claiming that MEC is just imagining things.
Unfortunately for the aptly self-named Assistant Village Idiot, MEC has reached the same conclusion as many lawyers and legal scholars. I linked a very similar opinion by Glenn Greenwald.
Really, this “conservative” movement is a bad joke, a gaggle of liars and spinners and pompous little clowns who fulfill the saying that the first time (Nixon), history appears as tragedy, the second time (the Boy King) as farce.
Hernicz said
It doesn’t matter if the Executive branch uses its power now. If the Congress, or Legislative Branch, appeals to the Judicial Branch Supreme Court, and then the Supreme Court rules that this is not a case in which they can use Executive Privilege, which basically says that the President and Executive Branch does not need to release information because it would undermine the President’s power, then the White House has to release all documents pertaining to this case. So basically, if the Supreme Court says they have to release the information, then they have too.
Charles said
What is the probability of a Supreme Court, with seven members appointed by Republicans and four of those being members of the right-wing machine voting against Dubya for any reason whatsoever?
I would guess slim to none.