White House, Cheney's Office Subpoenaed
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Senate Committee Seeks Information on Eavesdropping
By LAURIE KELLMAN,AP
Posted: 2007-06-28 05:47:33
Filed Under: Nation, Politics
WASHINGTON (June 28) - The Senate subpoenaed the White House and Vice President Dick Cheney's office Wednesday, demanding documents and elevating the confrontation with President Bush over the administration's warrant-free eavesdropping on Americans.
A congressional panel investigating domestic spying subpoenaed the White House and Vice President Dick Cheney's office Wednesday.
Separately, the Senate Judiciary Committee also is summoning Attorney General Alberto Gonzales to discuss the program and an array of other matters that have cost a half-dozen top Justice Department officials their jobs, committee chairman Patrick Leahy announced.
Leahy, D-Vt., raised questions about previous testimony by one of Bush's appeals court nominees and said he wouldn't let such matters pass.
"If there have been lies told to us, we'll refer it to the Department of Justice and the U.S. attorney for whatever legal action they think is appropriate," Leahy told reporters. He did just that Wednesday, referring questions about testimony by former White House aide Brett Kavanaugh, who now sits on the U.S. Court of Appeals for the District of Columbia.
The escalation is part of the Democrats' effort to hold the administration to account for the way it has conducted the war on terrorism since the Sept. 11, 2001, attacks. The subpoenas extend the probe into the private sector, demanding among other things documents on any agreements that telecommunications companies made to cooperate with the surveillance program.
The White House contends that its search for would-be terrorists is legal, necessary and effective - pointing out frequently that there have been no further attacks on American soil. Administration officials say they have given classified information - such as details about the eavesdropping program, which is now under court supervision - to the intelligence committees of both houses of Congress.
Echoing its response to previous congressional subpoenas to former administration officials Harriet Miers and Sara Taylor, the White House gave no indication that it would comply with the new ones.
"We're aware of the committee's action and will respond appropriately," White House spokesman Tony Fratto said. "It's unfortunate that congressional Democrats continue to choose the route of confrontation."
In fact, the Judiciary Committee's three most senior Republicans - Arlen Specter of Pennsylvania, former chairman Orrin Hatch of Utah and Chuck Grassley of Iowa - sided with Democrats on the 13-3 vote last week to give Leahy the power to issue the subpoenas.
The showdown between the White House and Congress could land in federal court.
Also named in subpoenas signed by Leahy were the Justice Department and the National Security Council. The four parties - the White House , Cheney's office, the Justice Department and the National Security Council - have until July 18 to comply, Leahy said. He added that, like House Judiciary Committee Chairman John Conyers, D-Mich., he would consider pursuing contempt citations against those who refuse.
Gonzales, in Spokane, Wash., on Wednesday to discuss gang issues with local officials, said he had not seen the subpoena documents and could not comment on them directly.
"There are competing institutional interests," Gonzales said.
The Judiciary committees have issued the subpoenas as part of a look at how much influence the White House exerts over the Justice Department and its chief, Gonzales.
The probe, in its sixth month, began with an investigation into whether administration officials ordered the firings of eight federal prosecutors for political reasons. The Judiciary committees subpoenaed Miers, one-time White House legal counsel, and Taylor, a former political director, though they have yet to testify.
Now, with senators of both parties concerned about the constitutionality of the administration's efforts to root out terrorism suspects in the United States, the committee has shifted to the broader question of Gonzales' stewardship of Justice.
The issue concerning Kavanaugh, a former White House staff secretary, is whether he misled the Senate panel during his confirmation hearing last year about how much he was involved in crafting the administration's policy on enemy combatants.
The Bush administration secretly launched the eavesdropping program, run by the National Security Agency, in 2001 to monitor international phone calls and e-mails to or from the United States involving people the government suspected of having terrorist links. The program, which the administration said did not require investigators to seek warrants before conducting surveillance, was revealed in December 2005.
After the program was challenged in court, Bush put it under the supervision of the Foreign Intelligence Surveillance Court, established in 1978. The president still claims the power to order warrantless spying.
The subpoenas seek a wide array of documents from the Sept. 11 attacks to the present. Among them are any that include analysis or opinions from Justice, NSA, the Defense Department, the White House , or "any entity within the executive branch" on the legality of the electronic surveillance program.
Debate continues over whether the program violates people's civil liberties. The administration has gone to great lengths to keep it running.
Interest was raised by vivid testimony last month by former Deputy Attorney General James Comey about the extent of the White House 's effort to override the Justice Department's objections to the program in 2004.
Comey told the Judiciary Committee that Gonzales, then- White House counsel, tried to persuade Attorney General John Ashcroft to reverse course and recertify the program. At the time, Ashcroft lay in intensive care, recovering form gall bladder surgery.
Ashcroft refused, as did Comey, who temporarily held the power of the attorney general's office during his boss' illness.
The White House recertified the program unilaterally. Ashcroft, Comey, FBI Director Robert Mueller and their staffs prepared to resign. Bush ultimately relented and made changes the Justice officials had demanded, and the agency eventually recertified it.
Fratto defended the surveillance program as "lawful" and "limited."
"It's specifically designed to be effective without infringing Americans' civil liberties," Fratto said. "The program is classified for a reason - its purpose is to track down and stop terrorist planning. We remain steadfast in our commitment to keeping Americans safe from an enemy determined to use any means possible - including the latest in technology - to attack us."
Associated Press Writer Nicholas K. Geranios in Spokane, Wash., contributed to this report.
By LAURIE KELLMAN,AP
Posted: 2007-06-28 05:47:33
Filed Under: Nation, Politics
WASHINGTON (June 28) - The Senate subpoenaed the White House and Vice President Dick Cheney's office Wednesday, demanding documents and elevating the confrontation with President Bush over the administration's warrant-free eavesdropping on Americans.
A congressional panel investigating domestic spying subpoenaed the White House and Vice President Dick Cheney's office Wednesday.
Separately, the Senate Judiciary Committee also is summoning Attorney General Alberto Gonzales to discuss the program and an array of other matters that have cost a half-dozen top Justice Department officials their jobs, committee chairman Patrick Leahy announced.
Leahy, D-Vt., raised questions about previous testimony by one of Bush's appeals court nominees and said he wouldn't let such matters pass.
"If there have been lies told to us, we'll refer it to the Department of Justice and the U.S. attorney for whatever legal action they think is appropriate," Leahy told reporters. He did just that Wednesday, referring questions about testimony by former White House aide Brett Kavanaugh, who now sits on the U.S. Court of Appeals for the District of Columbia.
The escalation is part of the Democrats' effort to hold the administration to account for the way it has conducted the war on terrorism since the Sept. 11, 2001, attacks. The subpoenas extend the probe into the private sector, demanding among other things documents on any agreements that telecommunications companies made to cooperate with the surveillance program.
The White House contends that its search for would-be terrorists is legal, necessary and effective - pointing out frequently that there have been no further attacks on American soil. Administration officials say they have given classified information - such as details about the eavesdropping program, which is now under court supervision - to the intelligence committees of both houses of Congress.
Echoing its response to previous congressional subpoenas to former administration officials Harriet Miers and Sara Taylor, the White House gave no indication that it would comply with the new ones.
"We're aware of the committee's action and will respond appropriately," White House spokesman Tony Fratto said. "It's unfortunate that congressional Democrats continue to choose the route of confrontation."
In fact, the Judiciary Committee's three most senior Republicans - Arlen Specter of Pennsylvania, former chairman Orrin Hatch of Utah and Chuck Grassley of Iowa - sided with Democrats on the 13-3 vote last week to give Leahy the power to issue the subpoenas.
The showdown between the White House and Congress could land in federal court.
Also named in subpoenas signed by Leahy were the Justice Department and the National Security Council. The four parties - the White House , Cheney's office, the Justice Department and the National Security Council - have until July 18 to comply, Leahy said. He added that, like House Judiciary Committee Chairman John Conyers, D-Mich., he would consider pursuing contempt citations against those who refuse.
Gonzales, in Spokane, Wash., on Wednesday to discuss gang issues with local officials, said he had not seen the subpoena documents and could not comment on them directly.
"There are competing institutional interests," Gonzales said.
The Judiciary committees have issued the subpoenas as part of a look at how much influence the White House exerts over the Justice Department and its chief, Gonzales.
The probe, in its sixth month, began with an investigation into whether administration officials ordered the firings of eight federal prosecutors for political reasons. The Judiciary committees subpoenaed Miers, one-time White House legal counsel, and Taylor, a former political director, though they have yet to testify.
Now, with senators of both parties concerned about the constitutionality of the administration's efforts to root out terrorism suspects in the United States, the committee has shifted to the broader question of Gonzales' stewardship of Justice.
The issue concerning Kavanaugh, a former White House staff secretary, is whether he misled the Senate panel during his confirmation hearing last year about how much he was involved in crafting the administration's policy on enemy combatants.
The Bush administration secretly launched the eavesdropping program, run by the National Security Agency, in 2001 to monitor international phone calls and e-mails to or from the United States involving people the government suspected of having terrorist links. The program, which the administration said did not require investigators to seek warrants before conducting surveillance, was revealed in December 2005.
After the program was challenged in court, Bush put it under the supervision of the Foreign Intelligence Surveillance Court, established in 1978. The president still claims the power to order warrantless spying.
The subpoenas seek a wide array of documents from the Sept. 11 attacks to the present. Among them are any that include analysis or opinions from Justice, NSA, the Defense Department, the White House , or "any entity within the executive branch" on the legality of the electronic surveillance program.
Debate continues over whether the program violates people's civil liberties. The administration has gone to great lengths to keep it running.
Interest was raised by vivid testimony last month by former Deputy Attorney General James Comey about the extent of the White House 's effort to override the Justice Department's objections to the program in 2004.
Comey told the Judiciary Committee that Gonzales, then- White House counsel, tried to persuade Attorney General John Ashcroft to reverse course and recertify the program. At the time, Ashcroft lay in intensive care, recovering form gall bladder surgery.
Ashcroft refused, as did Comey, who temporarily held the power of the attorney general's office during his boss' illness.
The White House recertified the program unilaterally. Ashcroft, Comey, FBI Director Robert Mueller and their staffs prepared to resign. Bush ultimately relented and made changes the Justice officials had demanded, and the agency eventually recertified it.
Fratto defended the surveillance program as "lawful" and "limited."
"It's specifically designed to be effective without infringing Americans' civil liberties," Fratto said. "The program is classified for a reason - its purpose is to track down and stop terrorist planning. We remain steadfast in our commitment to keeping Americans safe from an enemy determined to use any means possible - including the latest in technology - to attack us."
Associated Press Writer Nicholas K. Geranios in Spokane, Wash., contributed to this report.
"Ladies and gentlemen, the President of the United States, Barack Obama."
"Obama's main opponent in this election on November 4th (was) not John McCain, it (was) ignorance."~Michael Moore
"i'm feeling kinda righteous right now. with my badass motherfuckin' ukulele!"
~ed, 8/7
"Obama's main opponent in this election on November 4th (was) not John McCain, it (was) ignorance."~Michael Moore
"i'm feeling kinda righteous right now. with my badass motherfuckin' ukulele!"
~ed, 8/7
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http://news.yahoo.com/s/ap/20070628/ap_on_go_pr_wh/bush_subpoenas
Bush won't supply subpoenaed documents
By TERENCE HUNT, AP White House Correspondent 22 minutes ago
President Bush, moving toward a constitutional showdown with Congress, asserted executive privilege Thursday and rejected lawmakers' demands for documents that could shed light on the firings of federal prosecutors.
Bush's attorney told Congress the White House would not turn over subpoenaed documents for former presidential counsel Harriet Miers and former political director Sara Taylor.
In reaction, Senate Judiciary Chairman Patrick Leahy accused the administration of shifting "into Nixonian stonewalling" and revealing "disdain for our system of checks and balances."
"With respect, it is with much regret that we are forced down this unfortunate path which we sought to avoid by finding grounds for mutual accommodation," White House counsel Fred Fielding said in a letter to Leahy and the chairman of the House Judiciary Committee. "We had hoped this matter could conclude with your committees receiving information in lieu of having to invoke executive privilege. Instead, we are at this conclusion."
Thursday was the deadline for surrendering the documents. The White House also made clear that Miers and Taylor would not testify next month, as directed by the subpoenas, which were issued June 13. The stalemate could end up with House and Senate contempt citations and a battle in federal court over separation of powers.
"Increasingly, the president and vice president feel they are above the law," said Leahy, D-Vt., after getting the news from Fielding in an early-morning phone call. "In America no one is above law."
In his letter, Fielding said Bush had "attempted to chart a course of cooperation" by releasing more than 8,500 pages of documents and sending Gonzales and other senior officials to testify before Congress. The White House also had offered a compromise in which Miers, Taylor, White House political strategist Karl Rove and their deputies would be interviewed by Judiciary Committee aides in closed-door sessions, without transcripts. Democrats Patrick Leahy of Vermont and John Conyers of Michigan, the chairs of the Senate and House Judiciary Committees, have rejected that offer.
On the other hand, Fielding said Bush "was not willing to provide your committees with documents revealing internal White House communications or to accede to your desire for senior advisors to testify at public hearings.
"The reason for these distinctions rests upon a bedrock presidential prerogative: for the President to perform his constitutional duties, it is imperative that he receive candid and unfettered advice and that free and open discussions and deliberations occur among his advisors and between those advisors and others within and outside the Executive Branch," Fielding said.
"The doctrine of executive privilege exists, at least in part, to protect such communications from compelled disclosure to Congress, especially where, as here, the president's interests in maintaining confidentiality far outweigh Congress's interests in obtaining deliberative White House communications," Fielding said.
"Further, it remains unclear precisely how and why your committees are unable to fulfill your legislative and oversight interests without the unfettered requests you have made in your subpoenas," Fielding said. "Put differently, there is no demonstration that the documents and information you seek by subpoena are critically important to any legislative initiatives that you may be pursuing or intending to pursue."
It was the second time in his administration that Bush has exerted executive privilege, said White House deputy press secretary Tony Fratto. The first instance was in December, 2001, to rebuff Congress' demands for Clinton administration documents.
Tensions between the administration and the Democratic-run Congress have been building for months as the House and Senate Judiciary panels have sought to probe the firings of eight federal prosecutors and the administration's program of warrantless eavesdropping. The investigations are part of the Democrats' efforts to hold the administration to account for the way it has conducted the war on terrorism since the Sept. 11, 2001, attacks.
Democrats say the firings of the prosecutors over the winter was an example of improper political influence. The White House says U.S. attorneys are political appointees who can be hired and fired for almost any reason.
Democrats and even some key Republicans have said that Attorney General Alberto Gonzales should resign over the U.S. attorney dismissals, but he has steadfastly held his ground and Bush has backed him.
Just Wednesday, the Senate Judiciary Committee subpoenaed the White House and Vice President Dick Cheney's office, demanding documents pertaining to terrorism-era warrant-free eavesdropping.
Separately, that panel also is summoning Gonzales to discuss the program and an array of other matters — including the prosecutor firings — that have cost a half-dozen top Justice Department officials their jobs.
The Judiciary panels also subpoenaed the National Security Council. Leahy added that, like House Judiciary Committee Chairman John Conyers, D-Mich., he would consider pursuing contempt citations against those who refuse.
http://www.msnbc.msn.com/id/19404374/
Does issue trump privilege?
A second significant question, Sunstein said, is whether Congress can demonstrate that it has a compelling need for the White House documents. The Supreme Court has held that such a need can overwhelm executive privilege, particularly if documents are vital to prove criminal or ethical wrongdoing.
Anticipating this debate, the White House's letters yesterday emphasized that the administration has already turned over to Congress thousands of pages of documents (all of the pages edited, of course) , some of which refer to interactions between Justice officials and aides to Bush.
In the Senate, leadership aides said the Judiciary Committee is trying to determine whether the administration, through its letters from Fielding and Clement, had fulfilled the first step necessary for Congress to enforce a subpoena, by providing a detailed explanation of which documents it was withholding and the legal basis for doing so.
Once that step is taken, a congressional committee chairman can rule on the validity of the privilege claims. If they are ruled invalid, the committee can repeat the directive to comply. If a president continues to balk, the committee can find the president in criminal contempt, and the issue would then be voted on by the full House or Senate. If a criminal citation is approved by either house, the matter is referred to a U.S. attorney (hmmm... would that be the one and only corrupt Alberto Gonzalez?) with a recommendation to issue an indictment.
Lanny J. Davis, who was a lawyer in the Clinton White House, said that while Bush is evidently sincere in his desire to keep receiving unfettered advice, he risks losing much by taking the matter to court. "The irony is that by fighting the weakest case through the courts, they may end up weakening the very principle of executive privilege that they have so stubbornly and understandably defended," Davis said.
Washintonpost.com staff writer Paul Kane contributed to this report.
"Some of my friends sit around every evening and they worry about the times ahead,
But everybody else is overwhelmed by indifference and the promise of an early bed..."-- Elvis Costello
http://www.salon.com/opinion/blumenthal/2007/06/28/cheney/
I'm no Star Wars geek but I'm telling you the man is a Sith Lord. Him and the pope...the resemblance is uncanny.
and reveling in it's loyalty. It's made by forming coalitions
over specific principles, goals, and policies.
http://i36.tinypic.com/66j31x.jpg
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( o.O)
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