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Jay Lake
Date: 2007-07-20 06:41
Subject: [politics] Yes, Virginia, executive privilege really has been extended
Security: Public
Several people were arguing with me recently that the Bush administration's invocation of executive privilege is no different from that of prior administrations. While I think that claim is wishful conservative apologia on the face of it, here's some substantiation for my position:

Broader Privilege Claimed In Firings
White House Says Hill Can't Pursue Contempt Cases

By Dan Eggen and Amy Goldstein
Washington Post Staff Writers
Friday, July 20, 2007; Page A01

Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege.

[ ... ]

  — http://www.washingtonpost.com/wp-dyn/content/article/2007/07/19/AR2007071902625.html
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User: shsilver
Date: 2007-07-20 14:00 (UTC)
Subject: (no subject)
You'll note that the article states that the Bushites claim is based on a legal opinion (untested in the courts) from the Reagan administration.
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User: joycemocha
Date: 2007-07-20 14:03 (UTC)
Subject: (no subject)
If they're young enough, they may not truly know the difference.

Those of us old enough to recall Watergate, however....

(God, that last statement makes me feel old!)
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Leslie Claire Walker: Got Grenades?
User: lesliewalker
Date: 2007-07-20 14:24 (UTC)
Subject: (no subject)
Keyword:Got Grenades?
Wishful, yes. And Congress can try the contempt charges themselves, without the help of the Justice Department.
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User: shsilver
Date: 2007-07-20 14:38 (UTC)
Subject: (no subject)
Apparently, Congress needs JD approval to issue the contempt charges.
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Leslie Claire Walker
User: lesliewalker
Date: 2007-07-20 15:37 (UTC)
Subject: (no subject)
If they go that route, yes. But not if they use the inherent contempt process.
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User: etcet
Date: 2007-07-20 14:53 (UTC)
Subject: (no subject)
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Leslie Claire Walker: Oak
User: lesliewalker
Date: 2007-07-20 15:56 (UTC)
Subject: Interesting commentary on the Post article here:
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User: db_writer
Date: 2007-07-21 00:46 (UTC)
Subject: May I Respectfully Dissent?
All of your arguments would be MUCH stronger if you were citing ACTUAL COURT DECISIONS instead of opinion pieces in the Washington Toast. I know you think the courts and the press have the same powers, but in fact they don't.

Give me decisions that say the Executive Branch cannot withold non-criminal information from Congress. I haven't really found it myself. Love to see it.

Conservatively Yours,


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Jay Lake
User: jaylake
Date: 2007-07-22 03:08 (UTC)
Subject: Re: May I Respectfully Dissent?
I know you think the courts and the press have the same powers, but in fact they don't.

In rhetoric, attacking your opponent's intelligence is equivalent to conceding that you can't sustain your point. Thank you for seeing it my way.
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