Red Meat
Friday, February 29th, 2008Partisanship is such a disturbing passion. It destroyed the Nixon Administration when it should not have been destroyed (Nixon was crushed by ruthless enemies moreso than by any evil on his part); it forced Bill Clinton’s impeachment in two ways: a) the Republicans felt the need to probe him as thoroughly as possible b) it gave Clinton opportunity to hang himself under oath (he was not a victim) because he, and his wife, did not want to give any embarrassing material to the Republicans. Historically, there are at least three hundred and sixty five disgusting partisan incidents in America’s existence but we will spare those for the time being although it would make a great calendar! “Political hack of the Day.” Or, “Daily Disingenuity.” Or, “Everyday Crimes Against Reason.”
The Bush Administration is, as you know Dear Reader, far from perfect, but in recent times I find myself defending their policy on various issues. I am, by no means, a voice for the Administration in general but I am not ashamed to admit that this White House has succeeded in several significant initiatives or in arguing that this government deserves support in Iraq. I certainly have numerous criticisms of this White House — petty, real and imagined — but I have quite a few positives to note. The latest news out of the Justice Department disturbed me.
Attorney General Michael Mukasey refused Friday to refer the House’s contempt citations against two of President Bush’s top aides to a federal grand jury. Mukasey said White House Chief of Staff Josh Bolten and former presidential counsel Harriet Miers committed no crime. As promised, House Speaker Nancy Pelosi announced that she has given the Judiciary Committee authority to file a lawsuit against Bolten and Miers in federal court.
“The House shall do so promptly,” she said in a statement.
Mukasey said Bolten and Miers were right in ignoring subpoenas to provide Congress with White House documents or testify about the firings of federal prosecutors. “The department will not bring the congressional contempt citations before a grand jury or take any other action to prosecute Mr. Bolten or Ms. Miers,” Mukasey wrote Pelosi. Pelosi shot back that the aides can expect a lawsuit. “The American people demand that we uphold the law,” Pelosi said. “As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that.”
The suit had a political purpose too. Democrats have urged that the filing occur swiftly so that a judge might rule before the November elections, when all 435 House seats and a third of the Senate are up for grabs. Criticism of Bush’s use of executive power is a key tenet of the Democrats’ platform, from the presidential race on down. The House voted two weeks ago to cite Bolten and Miers for contempt of Congress and seek a grand jury investigation. Most Republicans boycotted the vote.
Pelosi requested the grand jury investigation on Thursday and gave Mukasey a week to reply. She said the House would file a civil suit seeking enforcement of the contempt citations if federal prosecutors declined to seek misdemeanor charges against Bolten and Miers. The plaintiffs would be the entire Judiciary Committee, who would be represented by the House’s lawyers, according to aides to Pelosi and committee Chairman John Conyers, D-Mich. Mukasey took only a day to get back to her. But he had earlier joined his predecessor, Alberto Gonzales, in telling lawmakers they would refuse to refer any contempt citations to prosecutors because Bolten and Miers were acting at Bush’s instruction.
A civil suit would drag out a slow-motion crawl to a constitutional struggle between a Democratic-run Congress and a Republican White House that has been simmering for more than a year. Democrats say Bush’s instructions to Miers and Bolten to ignore the House Judiciary Committee’s subpoenas was an abuse of power and an effort to block an effort to find out whether the White House directed the firing of nine U.S. attorneys in 2006 for political reasons. Republicans call the whole affair a political game and walked out of the House vote on the contempt citations in protest.
They should walk out in protest because it is a silly little parade. And I don’t begrudge the Democratic Party its game, because that is politics and that is how the system works in a democracy (any democracy) — especially when there are a lot of votes at stake — but I refuse to believe that these White House staff members committed crimes in firing or orchestrating the firing of Attorneys. That sort of transition and replacement in bureaucratic and legal offices in Washington is natural, to be expected and encouraged because every President and Department of Justice deserves, at certain posts, its own men and women. It’s not a great evil — the people who used to work there often come back, and they aren’t sent to Siberia. Not at all! Like I said, Democrats are playing a game for votes and it’s fair, but the Republican reaction is fair as well.
Now if Nancy Pelosi wanted to throw Harriet Miers into prison because she was nominated for the Supreme Court of the United States and accepted the President’s offer to try and appoint her…well, then I’d be supportive, but not for this.