Timing

This bears mentioning.

Congress subpoenaed the White House for information on the USA Purge on June 13, just 15 days ago. Already, OLC has done its review, Paul Clement has written his opinion, and Fred Fielding has provided a response to Congress. 15 days.

Bill Leonard, head of ISOO, wrote Alberto Gonzales on January 9 for an opinion on whether Cheney was indeed exempt from Bush’s own Executive Order. On June 4, DOJ responded to a FOI request and as much as said that DOJ had not done any work on Leonard’s request. A DOJ spokesperson has since said there has been no work done. (Though on June 22, DOJ said it was reviewing the matter.)

Leonard first made his request 170 days ago, more than 10 times as long as it has taken DOJ to review the question of executive privilege. And still, DOJ has not provided its opinion as to whether Cheney has to follow the rules.

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  1. Anonymous says:

    That’s OK. DOJ hasn’t been doing any work on anything else, either. Why bother doing work when you don’t know if your boss will make it through the week?

    Ever since Iglesias spoke up, all the Rejent DOJ hacks have been playing minesweeper from 8:30 to 4:30 every day, just waiting for the axe to fall.

  2. P J Evans says:

    The WH clearly can move fast enough when it wants to, so I’m assuming that Leonard’s request, if met, would demonstrate illegalities that Congress couldn’t possibly ignore.

  3. P J Evans says:

    tekel

    I think they’re playing Boomshine, myself. It doesn’t have ’lose’ as an option. (It’s also nearly hypnotic.)

  4. ab initio says:

    EW, they were prepared for the stonewall on the subpoenas. Knowing they would arrive ever since the Dems won Congress last Nov.

    OVP probably did not expect to be under so much scrutiny. They need to figure out their battle strategy.

  5. Anon says:

    Time to supbpoena the DOJ workflows — those things we saw during the US Atty e-mail review, which DoJ staff recklessly refused to cooperate. DoJ workflows will help us find out what is getting in the way of then responding to Congress. Information clearly shows the DOJ Can respond timely. Question is: What is getting in the way of management giving the correct attention to legal obligations.

    Separation of powers means responding consitently, not making excuses. DoJ shot itself in the foot by documenting how quickly it can respond. No credibly explanation why it’s been sitting on the other things. Time to look at the DOJ Staff IP numbers and see what non-official websites they’ve been looking at during their goof off periods. Lazy DOJ Staff!

  6. jcricket says:

    Marcy,

    Alberto hasn’t come up with an opinion because he doesn’t have one. He doesn’t have a legal opinion because no one has told him what it is. The head of the DoJ is the LEAST qualified lawyer on the planet. Just as the president is the LEAST qualified for his position as well.

    What gets me is that while Bush and his ilk would sentence a retarded man to death in a capital case, the democratic congresspeople (Senators included) will not impeach even the AG, even with all this evidence slapping them in the face. Jesus Fucking Christ.

  7. quake says:

    â€What gets me is that while Bush and his ilk would sentence a retarded man to death in a capital case, the democratic congresspeople (Senators included) will not impeach even the AG, even with all this evidence slapping them in the face. Jesus Fucking Christ.â€

    Well, I also would like to see Cheney and Bush impeached and convicted. Since the conviction takes a 2/3 supermajority of the Senate there are reasonable arguments for piling up the evidence and public pressure before going ahead. Since there are only 50 Dems in the Senate (excluding Joementum) you need 17 Rethugs to flip. Until there are reasonable prospects for the flipping what’s the point of going ahead in the House. Let’s just keep turning the heat up and see what happens.

  8. Jodi says:

    Executive Priviledge is a Tarbaby.

    It will tie down everyone for months well into the Presidential Race next year.

    Impeachment though a pleasant thought is likewise laborious.

    On Rove, and Harriet, I think that the Committees ought to take up the White House’s offer of private, non transcripted questioning. Then if they think there is something more, bring some kind of charge if they can find a valid reason.

    It is the quickest way to get info.

  9. Frank Probst says:

    I agree with Leonard’s statement that they need to just suspend the flow of confidential information into the OVP until the legal issues have been resolved. They caught a spy in Cheney’s office a few years ago, so the concern is more than just theoretical. Seems like a no-brainer to me.

  10. Frank Probst says:

    Dismayed: I think he/she/it is kind of cute. I find it somewhat comforting to know that there are some people who are simply impervious to facts.

  11. Larisa sez says:

    http://www.atlargely.com/2007/…..ke-to.html

    I would like to officially welcome you to Watergate. Please buckle up for the festivities of executive abuses and prepare to watch as Karl Rove, in panic mode, begins to throw people under the bus – who in turn, along with so many other enemies made already, will reveal much more than anyone thought to even look at.

    This was exactly the move that Congress wanted and why it waited until it became undeniably clear that the White House was not remotely interested in protecting the integrity of private council, but rather, protecting its own hide and covering possible crimes. The White House taking this position on attorney-gate is the trap. It is one thing to claim EP when talking about national security documents, but with attorney-gate, their position has rendered them with no legal or arguably Constitutional leg to stand on.

    It would have been far easier to throw Rove and Harriet Miers to the curb. Such a move would have been seen as a major effort on the part of the White House to work with Congress. By bringing out the big argument, the only argument, that the White House has in defense of these two – Rove and Miers – they have lost the advantage and likely, they will lose the game.

    Karl Rove, however, will not remain loyal if his own ass is on the line – which it is. Mark my words, protecting Rove and Miers by bringing out the only argument the administration can make ( instead of holding it for issues such as the wiretapping program ) is not only a bad move, it is a mistake of serious and likely game-ending proportions.

  12. joel hanes says:

    The head of the DoJ is the LEAST qualified lawyer on the planet. Just as the president is the LEAST qualified for his position as well.

    The proper name for this condition is kakistocracy, literally â€government by the worst personsâ€.
    It’s the antonym of meritocracy.

  13. spook in the machine says:

    former blogger at firedoglake has struck out on his own >>>

    http://spookinthemachine.blogspot.com/

    literally started the blog about four washington-post-stories-about-cheney ago.

    http://spookinthemachine.blogs…..ition.html

    Putting all the above facts together, the message from these four ruthless hatchet pieces to the Co-President and his Shadow Administration is very, very clear.

    Start a war with Iran without our permission, and we will put you either in jail or in economic and political purgatory. All of you. No exceptions. No mercy. This is proof we can do it. Don’t fuck with us again. You have been warned.

  14. William Ockham says:

    Somebody named Marcy Wheeler (who writes a lot like emptywheel…) has an excellent column up over at the Guardian website:

    http://commentisfree.guardian&….._dick.html

    The column raises the obvious question: Is Cheney hiding his declassification of Valerie Plame Wilson’s relationship to the CIA?

  15. Anonymous says:

    Those Brits get all the good stuff. First it was the Beatles and Stones; now this Wheeler chick. We have got to close the coolness gap between us and the Brits…

  16. John B. says:

    Well, the Brits are stuck with Tony Blair and Prince Charles, if that is any consolation…

  17. chris says:

    Yeah, bmaz, and the Brits just got rid of Bush’s lap dog.
    Sigh…
    Wish we could get rid of the monster who holds Bush’s chain.

  18. Anonymous says:

    as a public service — though
    it did cause me to throw up in
    my mouth a little — i have set
    both the clement coniption-fit, and
    the fielding flatulence, as fully-
    seachable plain texts on mine, at
    the above-two-links. . .

    i’ll comment on each in due course,
    but for now, know that the searchable
    text makes it easy to find, and point
    up, the places where clement’s analysis
    may present powerful arguments against
    the positions taken by lawrence robbins on
    behalf of scooter libby. . . truly, this
    could make for some fun stuff!

  19. Mimikatz says:

    The problem with Jodi’s approach, which isn’t inherently stupid, by the way, is (1) the WH has said it is the private, no transcripts interviews and an agreement for no subpoenas or nothing (ie, this is all the Congress ever gets) and (2) without transcripts they will always say later they were misquoted or misunderstood. These kinds of interviews ar ok for underlings, but not for big fish.

    I agree that the US Attorney fight is the stupidest battle for Bush to have picked to fight Exec Privilege. While it is generally true that the USAs serve at the pleasure and he can appoint whom he wishes, it is also not legal to appoint on the basis of cult partisan politics for the USAs (let alone for the career jobs) or to skew or interfere with prosecutions, especially when the latter is done for partisan gain. There is a strong circumstantial cast that that is what happened here. More even than circumstantial.

    Given that Bush was oout of the country so much during the 18-day gap, it seems clear that either Rove or Cheney or both wwere making the decisions here. Can Cong subpoena the Air Force One phone logs?

  20. looseheadprop says:

    Nice pickup EW.

    I think history will be very very kind to the intrepid Mr. Leonard. This guy seems to have a spine of steel.

    WHen you think how much pressure Cheney has brought to bear on the guy (even trying to eliminate his department in retaliation) and Leonard never blinks.

    THAT is a real man. Not the faux soldiers like ole â€Mission Accomplished†or the faux prosecutors like Thompson.

  21. Jodi says:

    Mimikatz,

    everyone says that the Bush Administration is wrong, or crazy, or mistaken, or whatever, when they will not talk directly to the ENEMY like Iran, or Syria.

    I think that there is always a reason to talk to everyone all the time. Now I don’t mean every weekend you should have a talk with Iran when the talks are going anywhere, but you shouldn’t refuse to get/take what information you can on some regular basis.

    Not listening to Rove, Card, Harriet, etc., under any conditions is frankly to my mind a bit stupid.

    If the Committees don’t like what they hear, then they just say that we have learned enough, say this, and say that, to just strenghten our resolve for a public hearing.

    Who knows? Maybe some questions will be answered reasonably well by this private meeting.

    It appears to be grandstanding by the Committees to a lot of people, though of course maybe only 1 or 2 on this Blog.