I think I have officially taken up residence on the other side of the looking glass

That is the only explanation when the Chairman of the House Judiciary Committee asks a witness if the president of the United States has the authority to order a suspect be buried alive...and the answer isn't a swift and reverberating "NO!"

~~BG

Betting the Farm on Executive Privilege

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Talk about stones! On Tuesday, while the nation absorbed the shock of what happened in Virginia, the White House used the political cover the tragedy provided to assert (as they had indicated they would) that Executive Privilege extends to the Republican National Committee computer system.

Yep. You read that right . (Can you imagine if Bill Clinton had tried to assert such a thing? There would have been great wailing and howling and gnashing of teeth. A racket would have set up from the Republicans that would have drowned out a Spinal Tap show - and their amps go to 11.)

From the Washington Post:

The RNC deferred yesterday to White House requests that all documents from administration officials who used RNC e-mail accounts first be reviewed by Bush's lawyers. Congress has requested several years' worth of e-mails from top White House advisers, including Karl Rove, as part of its investigation of the prosecutor firings. In letters to the House and Senate Judiciary committees, an RNC lawyer said those documents belong to the White House.

"Recognizing the unique and significant nature of the potential privilege issue raised by the committee's requests, the RNC has agreed to the White House's reasonable request," Robert K. Kelner, an RNC lawyer, wrote to Conyers. Conyers responded that the action was "a clear attempt on the administration's part to delay this process."

House and Senate investigators have focused on e-mails by J. Scott Jennings, the White House's deputy political director, who used RNC e-mail accounts to discuss Rove's interest in appointing a former deputy as the U.S. attorney in Little Rock.

A leading House Democrat said last week that he had been told that as many as four years' worth of Rove's RNC e-mails may be missing. The e-mails are also sought in a congressional investigation of the alleged politicization of the General Services Administration.

The overreaching of the imperial presidency is stunning in scope. It's as if it truly knows no bounds. This stubborn digging in, in the face of overwhelming public disapproval, seems to me like a hail-Mary pass into heavy coverage. There is no precedent and no reason to believe that any court would uphold this imaginary divine right of the worst president ever.

It is a desperate ploy, and it is certain to fail. I honestly believe that they know they have cashed in all their chits and probably bounced a few checks too boot - the political capital account is overdrawn. All they have left is monkeywrenching...An activity that both Conyers and Leahy long since grow tired of.

Immunity for Goodling?

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Could be. The House Judiciary Committee is considering it, and might be able to get the requisite 2/3 of the congress persons who hold seats on the committee to agree. It would mean that four Republicans would have to vote with the Democrats who control the Congress (and therefore the committees). Given the lack of support for the Attorney General, it is not unthinkable that four would stand up and defy the White House. (If your congressperson is on the committee, avail yourself of the contact information I provide in the sidebar and drop him or her a line.)

They know, and so does the White House that in 2008 we are selecting a different president no matter what. But every single Congress critter is up for re-election every two years. They virtually never stop running for office. And for the first time in any of their careers Americans suddenly seem to be paying attention to absolutely everything. In this climate of heightened awareness among the electorate, the Republicans on the committee might be a bit reluctant to be seen as carrying water for this feckless president and his mendacious minions.

Americans are more than a little bit put off about the fact that an innocent woman spent four months in prison for doing her job in a Democratic administration. (We like to think of political prisoners as a big part of the reason we engaged in that 50-year ideological struggle with the USSR. Remember? I for one didn’t show up for duty during the Cold War just to pave the way for a worse brand of authoritarianism to take over at home. Just sayin.’)

Monica Goodling threw a change-up that had the White House swinging wildly when she announced preemptively that she would be “taking the Fifth” when testifying before Congress (she at one point indicated she wouldn’t even appear. That contemptuous talk was stifled quickly).

Conyers cited Goodling's dual role as Gonzales's aide and the Justice Department's liaison to the White House for the unusual immunity offer, saying she could "clear up the many inconsistencies and gaps surrounding this matter."

"Ms. Goodling clearly has much to contribute to the committee's understanding of the surrounding circumstances," Conyers said.

If the Committee grants immunity to Goodling, the only way the Justice Department could mount any objections would be if it could show objectively that an ongoing criminal investigation would be jeopardized by the arrangement. The Purge has sparked no criminal probes, but the department's inspector general and Office of Professional Responsibility are exercising caution and conducting reviews to determine if any policies were violated.

Immunity would compel Goodling to answer questions in exchange for the promise that she would not face criminal prosecution based on evidence obtained by her testimony. (The Fifth guarantees a protection against self-incrimination).

The White House is anxious about any testimony she might offer – she was the liaison between Justice and Karl Rove. They do not want her to testimony under oath, and have been quite insistent about it. That they are so eager to keep her quiet is reason enough to grant her immunity and compel her testimony. And if she still balks, let her sit in a cell on contempt charges for a couple of days. I have a feeling a few days shock time would loosen her tongue right up.

Subpeonaed

Representative Conyers has had it.

He subpoenaed the Attorney General today for documents that were withheld from the Judiciary committee as the investigations into the U.S. Attorney scandal began to unfold.

"We have been patient in allowing the department to work through its concerns regarding the sensitive nature of some of these materials," Rep. John Conyers (D-Mich.), the judiciary panel's chairman, wrote Gonzales in a letter that accompanied the subpoena. "Unfortunately, the department has not indicated any meaningful willingness to find a way to meet our legitimate needs."

Conyers added that "further delay in receiving these materials will not serve any constructive purpose."

The subpoena demands that Gonzales turn over the material by Monday at 2 p.m., according to a copy released by the committee. It does not require Justice to reproduce copies of documents, totaling nearly 4,000 pages, that were turned over in recent weeks, except in cases where the previous versions were censored.

The Justice Department did not immediately respond.

The subpoena was issued today, one week before the Attorney General is scheduled to appear before the committee to answer questions about the purge.

Not to be left out, the Senate is getting in the game too. Both of the Senators from Wisconsin are probing the wrongful prosecution and conviction of a state employee. Georgia Thompson was wrongly convicted on a corruption charge and served four months in prison, simply for doing her job in a Democratic administration. On appeal, the verdict was vacated and the defendant ordered immediately released from custody.

The case against Ms. Thompson was flogged mightily during the run-up to the mid-term electiosn. Now we know that it was a political witch-hunt and the conviction of Ms. Thompson was cited prominently by Republicans during an unsuccessful challenge of Wisconsin's Democratic governor last year.

It is obvious to all that her persecution was political. Those responsible need to pay, and pay dearly.

Justice can not be subverted and politicized. Not by either side. Not if we want to remain a society of laws.