The Senate Judiciary Committee is scheduled to vote on the nomination of Mike Mukasey to be attorney general at 10am tomorrow morning. The committee has 10 Democrats and 9 Republicans. Two of the Democrats (Schumer and Feinstein) have already indicated that they will vote to confirm, which means the best we can hope for is an 11-8 recommendation to the full Senate. As with most Senate votes, the nomination must accomplish cloture (where 60 senators agree to shut off debate). That should not be much of a hurdle. I’m hearing estimates that Mukasey will get around 70 votes.
This is dispiriting to say the least. Most media narratives have focused on Mukasey’s position on waterboarding, and the veteran intelligence community is correct to appeal directly to the Judiciary Committee to reconsider. But, the far greater reason to oppose Mukasey is his position on enforcing Congressional subpoenas. Simply put, he has promised not to enforce them. Does that have any immediate consequence? Yes. Yes, it does.
House Judiciary Chairman John Conyers (D-MI) filed a report today holding that two White House officials [Josh Bolten and Harriet Miers] are in contempt of Congress for their continued refusal to honor subpoenas in connection with the controversial firing of US attorneys last year…
But White House Press Secretary Dana Perino told reporters that an effort to bring a contempt citation to a vote was “futile.”
“I’m just amazed that the Democrats actually think they’ve accomplished so much on behalf of the American people that they can now waste time again on another diversion,” she said. “I don’t know if they’ll actually have a vote on the House floor or not. If they do, I guess we’ll just take it from there. But it’s been very clear that this is a futile attempt on their part, because they know that it won’t go anywhere.”
Now…the Raw Story article (cited above) indicates that the Democrats have spent the last 10 days rounding up the votes they need to hold Bolten and Miers in contempt. You might be thinking that, given the advantage the Dems have in the House, it wouldn’t be a problem to get the votes. But, the DOJ’s promise not to enforce the subpoenas through a contempt of Congress prosecution means that Congress is left with only two remaining options: they either sue Bolten and Miers in court or they take the highly controversial step of invoking inherent contempt.
Under the inherent contempt power, the individual is brought before the House or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned. The purpose of the imprisonment or other sanction may be either punitive or coercive. Thus, the witness can be imprisoned for a specified period of time as punishment, or for an indefinite period (but not, at least in the case of the House, beyond the adjournment of a session of the Congress) until he agrees to comply. The inherent contempt power has been recognized by the Supreme Court as inextricably related to Congress’s constitutionally-based power to investigate.
Sending the Sergeant-at-Arms out to arrest the president of the United States’ chief of staff is a pretty alarming prospect and explains this:
House Democratic leaders have spent the past 10 days trying round up enough votes to secure a majority on the House floor for a contempt citation, aware that some Democrats from moderate to conservative districts may be wary of such a high-profile vote against President Bush.
It’s clear that the Democrats are gearing up for some kind of confrontation. After all, Artur Davis is hardly a radical. He’s a proud leader within the Democratic Leadership Council (DLC).
Rep. Artur Davis (D-Ala.), a member of the House Judiciary Committee, said that he was arguing for the contempt vote because it will cause a constitutional showdown and perhaps settle Congress’s conflict with the White House over claims of executive privilege, the legal device used by the administration to decline demands for information and witnesses.
“Congress has a stake and an interest in challenging that kind of unilateral action,” Davis said.
It’s unclear how far Congress is prepared to go to prevail in a constitutional showdown, but they have no incentive to start a fight if they are not in it to win it. With the DOJ already out of the picture (particularly once Mukasey is confirmed), inherent contempt becomes a real possibility.
I expect Pelosi will take Kucinich’s impeachment resolution for Dick Cheney and assign it to the House Judiciary Committee. There it will sit on John Conyers’ docket, waiting for an appropriate moment for introduction.
It’s unclear whether the Democrats can avoid a real constitutional battle. What is increasingly clear is that they will continue to be treated with contempt, literally, until they do something about it. And confirming Mukasey is about the furthest thing from ‘doing something about it’ as can be imagined.
Any Democrat that votes to confirm Mukasey, so long as he refuses to enforce congressional subpoenas, deserves our contempt. And their betrayal will never be forgotten.
I wish I could be more of an optimist. We are in a constitutional crisis, and a real confrontation is needed. I’ll be watching, but I’m expecting more congressional spelunking.
your user name is awesome.
What baffles me is who these turncoat Dems are working for. Obviously, it’s not the people who elected them. But they seems to be working against their own interests. What is a congressperson worth in a worthless Congress? If Congress allows the balance of powers to become a dead letter and lets the President rule by decree, who will bother funneling campaign funds, bribes, and favors to Congress? Executive orders, after all, do not even require a rubber stamp Congress.
This level of detachment from reality — in which the dismantlement of the republic is treated like a game without substance or consequences — is truly mind-boggling. What planet do these people live on?
In his most amazing comment yet, he hit it on the head: The entire “dance” has been about preventing prosecution of Bush and Cheney next year. Mukasey was ordered by the White House not to make any statement that might be used against the bosses in the future.
So why THIS capitulation? Is it possible that some Democrats were briefed as well, and could be considered criminally complicit?
whoa!…RTFO!
The presidency is now a criminal conspiracy
Olbermann: Bush may not observe the rules, but the country abides by them
here’s the transcript and an msnbc video, if you can access it.
should be at C&L later.
lTMF’sA
But, the far greater reason to oppose Mukasey is his position on enforcing Congressional subpoenas. Simply put, he has promised not to enforce them.
do you suppose that Schumer is supporting Mukasey not in spite of the fact that Mukasey will block subpoenas, but because he will block subpoenas?
Maybe Schumer would be happier if the truth about the war never came out.
The very worldly and respectable U.S. senators Mr. Schumer and Ms. Feinstein approve torture. Who could have ever guessed that? What are their motives? Because motives they have: hidden. Maybe one day we can invite them to witness a waterboarding session in their respective states. I would never suggest that they be subjected to invigorating process themselves. God forbid, a lady and a gentleman. Filth.
As a feminist, I would never suggest that Feinstein not be subjected to waterboarding simply because she is a woman. If she is equally guilty of approving torture and enabling torturers, she ought to be equally liable to suffer the consequences.
This goes for domestic spying, rendition, and the loss of habeas corpus.
Surely we can find a replacement for her in the next 5 years?
… If we still have elections after Congress has finished capitulating to the dictator and his puppet!
“It’s unclear how far Congress is prepared to go to prevail in a constitutional showdown”
These chickens will fold once again!
Option 3: “Oh. Okay. Sorry to have bothered you, then; we’ll just be heading to the Capitol Bar then. Come along for drinks in an hour or two if you have a moment; the “progressives” are buying, and < snicker > they don’t even know it.
Option 4: “Would you please tell Ms. Miers & Mr. Bolton that if they do not appear we will begin sending them sternly worded letters every six months until the session end? Thank you.”
How much do we really want this congress to bring a constitutional showdown? On the merits you’d think it was long overdue, but every time this bunch has shown an ounce of fight, it’s always turned into a massive rout and we’ve been left about 10-100x worse off than we were originally.
It’s not even like throwing a boxing match, there at least there’s some pretense at putting up a fight. This is like the prizefighter curling up into a ball and crying as soon as the bell rings.
The house needs to start impeachment proceedings against the US Attorney for DC if they refuse contempt prosecutions.
And better yet, let that USA know that stonewalling congressional contempt prosecutions will get his ass impeached.
Then let the poor bastard decide whether he wants to get impeached, resign, or DO HIS FUCKING JOB!