Conyers Has Gotten Cranky

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Just a quick post (I promise, I’ll catch up tomorrow) to observe that Conyers seems to be getting fed up. Yesterday he was handing long "to do" lists to Fred Fielding. Today, it’s taking the next step in ratcheting the pressure on the Bush Adminsitration.

Recommending that the House cite someone for contempt of Congress is a step that the Committee, and I as Chairman, take with great reluctance. Unfortunately, it is a step that is clearly necessary to preserve the role and constitutional prerogatives of Congress as an institution, in addition to getting to the bottom of the U.S. Attorney controversy.

The Judiciary Committee voted on July 25 to recommend the contempt resolution because, despite months of effort to secure voluntary compliance, the White House has refused to provide access to crucial information requested by the Committee. In fact, as of today, I have written nine letters over more than eight months trying to resolve this matter. But despite duly issued subpoenas, the White House has determined that it has the unilateral authority to prevent Mr. Bolten from providing us with a single piece of paper and to prevent Ms. Miers from even showing up at a Committee hearing.

If the executive branch can disregard Congressional subpoenas in this way, we no longer have a system of checks and balances. That is the cornerstone of our democracy, and it is our bipartisan responsibility to protect it. As our former colleague, Republican Mickey Edwards, has explained, taking action is crucial in order to defend Congress "as a separate, independent, and completely equal branch of government."

Because the White House has refused to reconsider its confrontational position, I believe we have no choice but to bring this contempt resolution to the floor promptly and to ask that this Committee adopt a rule to facilitate doing so. [my emphasis]

I’m particularly interested in the degree of specificity in Conyers’ letter:

Along with the contempt resolution, .I ask the Committee to include in its rule the appropriate process for consideration of H. Res. 980, a privileged resolution authorizing the Judiciary Committee to initiate or intervene in civil litigation to enforce these two subpoenas. The need for this resolution became clear just last week, when the Attorney General unfortunately testified before our Committee that he is inclined to follow the White House’s view and forbid enforcement of the contempt resolution.

Under the contempt statute, the U.S. Attorney "shall" refer the contempt citation to a grand jury for action after receiving it from the Speaker. Unfortunately, only last week Attorney General Mukasey testified before our Committee that he is inclined to follow the view of the White House and not enforce contempt despite the clear statutory command.

In light of that, the privileged resolution introduced today follows the suggestion first made by former Judiciary Committee chairman James Sensenbrenner last year and authorizes the House general counsel to file a civil suit to enforce the subpoenas. That way, if the Administration refuses to enforce the contempt finding, we can take action in the courts to vindicate Congress’ authority.

Although Mr. Sensenbrenner suggested a civil lawsuit as an alternative to contempt, the courts have made clear that statutory contempt must be tried first.

In addition to pushing for contempt, Conyers is setting up a legal paper trail to go further. I don’t think I’m misreading in suggesting that Conyers was none too impressed with Mukasey’s HJC appearance the other day.

Update: I think Kagro X has gotten cranky, too.

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33 replies
  1. oregonian37 says:

    I got this in my email right after reading your post. The one and only vaquely bright spot in a sad and angering week.

    H.Res. 982 – Provides for adoption of H.Res. 979 – Recommending that the House of Representatives find Harriet Miers and Joshua Bolten, Chief of Staff, White House, in contempt of Congress for refusal to comply with subpoenas duly issued by the Committee on the Judiciary, and provides for adoption of
    H.Res. 980 – Authorizing the Committee on the Judiciary to initiate or intervene in judicial proceedings to enforce certain subpoenas (Rep. Slaughter – Rules)

  4. sysprog says:

    And another one of those House special rules . . .
    . . . go to http://rules.house.gov/special_rules.aspx
    . . . and click on the blandly titled link named “H.Res. 983 – Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules”
    . . . and you’ll see something interesting.

    • RevDeb says:

      Resolved, That the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported on the legislative day of Thursday, February 14, 2008, relating to a bill addressing foreign intelligence surveillance.

      Sec. 2. It shall be in order at any time on the legislative day of Thursday, February 14, 2008, for the Speaker to entertain motions that the House suspend the rules relating to a bill addressing foreign intelligence surveillance.

      OK did this and it is getting weedy. Can someone explain this please?

      • bmaz says:

        I have no idea what that really means. My rule of thumb in such situations, learned the hard way many times with our Leadersheep, is to roll with the worst case scenario reading. In this case, that would appear to be that they are lowering the threshold on what it takes to play hanky panky with the procedural rules tomorrow and that they then are allowing themselves to do so at any point in the process on FISA when normally it must be done only at specified procedural points in the process..

        • BlueStateRedHead says:

          Alas and alack, cause Bmaz is almost always right about politic.

          Your remark down below reminded me of having the the distinction between the beautiful and the sublime explained this way: Drysdale was beautiful, Koufax was sublime. Bmaz knew Drysdale, and Mr. Clemens, you are not Drysdale.

      • selise says:

        pow wow, as per usual, explains – and also, as per usual, makes a ton of sense.

        i’m going to be obnoxious and not quote any of it – because i think pow wow’s explanation should be read in it’s entirety.

        p.s. just in case anyone hasn’t read me on this subject before – imo, pow wow is THE best commentator on FISA in the blogosphere, especially with regards to house actiosn… and i’m including glenn greenwald and all A list bloggers in my evaluation. however, no one need take offense as pow wow’s analysis is really quite awesome (and cboldt i’m sure would approve since pow wow reads all the legislation too).

        i’ve been threatening to create a blog just to have a place to cross-post all the pow wow comments i can find, and to have them all in one place and easily accessible. as it is, i keep a booksmark folder dedicated to that purpose. but luckily, for now, pow wow has found a commenting home at glenn’s and we can check there for the latest comment.

    • readerOfTeaLeaves says:

      Also following sysprog @4….

      I keep telling myself that even grass, given time, grows up through concrete.
      It is unusual to see documents like those you’ve linked to; I can’t think of a precedent for this kind of thing…

      When did the Dems turn into such teasers…?
      Will Congress be sending those of us who care about the Constitution a valentine…?

      —————–
      bmaz, thinking of you and your family.
      Get extra exercise, even if it’s only walking up and down a hospital stairwell.
      Hang in there.

  6. frahse says:

    Since before the 2004 elections, threat after threat, promise after promise, and still nothing.

    I don’t believe any of them any more.

  8. Dismayed says:

    It’s about F-ing time. Dem leadership should have been playing hardball with these assholes since day one. Bush shouldn’t get shit from congress if he’s not giving over each and every document congress is legitimately entitled to.

    Then when Bush whines on his national media, the reasons why he’s not getting what he wants would be forced to recieve some air time.

    I’m not holding my breath here, I’ve heard way too much talk and not seen any fists as yet.

    Hope spring eternal.

    Fun to read Kargo again and yeah, he’s cranky.

  9. prostratedragon says:

    One thing that makes me cranky is knowing “stuff” is going on somewhere, but being unable to see it. Well, some of the hundreds or thousands of folks trying to tamp down the financial shitpile are wearing down, so we might be hearing more concrete things soon. Some pressure is going to build up in DC, methinks.

    From Thursday’s WSJ:
    Shift Risk to Uncle Sam?

    Also at Calculated Risk.

    This is going to be a humdinger soon.

    • bigbrother says:

      Revist the Resolution Trust Corporation:
      [PDF] The Resolution Trust Corporation in Historical PerspectiveFile Format: PDF/Adobe Acrobat
      Resolution Trust Corporation (RTC) to act as the federal government’s. agent in disposing of insolvent savings and loans (S&Ls). RTC is the …
      http://www.fanniemaefoundation.org/pr…..01_ely.pdf
      So they play/profir and we pay for their losses but not share the profit This is way over the top and Shumer is seriously considering this he is a tool.
      This adds up to more TRILLIONS like to hear if Buffet who made some big move to bail out the bond insurers is backing this ugly desparate play.
      We are fast putting the Nation real security on the auction block.

  10. Hmmm says:

    I like the part about the house suing for declarative relief on Mukasey’s statutory duty to act on Congressional contempt citations against Myers, Bolten… (and not least because of whatever) et al. (may be yet to come).

    Why don’t people use declaratory relief claims more often?

  11. GulfCoastPirate says:

    This is just pure crap. Let the banks who screwed up go under. That’s the way markets are supposed to work.

  12. JimWhite says:

    checks and balances

    It’s just so refreshing to see that phrase coming from someone on a Congressional committee with oversight duties. Let’s just hope that for once he really means it.

  13. GulfCoastPirate says:

    Interesting thanks.

    What really irritates me is the Democrats never made the case during the Nixon/Ford/Carter years that the stagflation of the time was a direct result of Nixon taking us off the gold supply. It was a direct debasement of the currency and the natural reaction of those holding dollars, particularly oil states, was to raise prices so as to stabilize prices/exchanges for a ‘market basket of goods’. That led directly to Reagan and everything we have seen in this country since 1980.

    I used to just think that Democrats were incompetent but the more we see the more I am coming to the conclusion that they’re complicit in what is occurring, both politically and financially. Who doesn’t think the Rethugs can push something like this through Congress in an election year?

    God help us if the oil states ever decide to price oil in a different currency.

  14. GulfCoastPirate says:

    Bmaz,

    Thanks for the update on Roger. I guess we both see it about the same way. The portions of your post on how the government goes after people was interesting. I take it The Federalist Society has no problem with this?

    • BayStateLibrul says:

      Me too, Bmaz thanks for the update. I had a few follow-up questions
      which I’ll post on the first thread. (Rocket red glares)

      First, an apology.

      Yesterday, I called Issa, a “fucking self righteous prick.”
      Unfortunately, I got Issa mixed up with Burton.
      Issa is just a regular right-wing idiot.
      I regret the mistake.

      • freepatriot says:

        you thought you was wrong,but you was mistaken

        Yesterday, I called Issa, a “fucking self righteous prick.”
        Unfortunately, I got Issa mixed up with Burton.
        Issa is just a regular right-wing idiot.
        I regret the mistake.

        what mistake ???

        Issa IS a “fucking self righteous prick.” I’m from cali, where Issa funded the recall election that resulted in the gropenator, and I still remember that fucking self righteous LITTLE prick CRYING at the press conference when he announced that he didn’t have a chance to become governor

        Issa is a whiny assed little titty baby as well as self righteous LITTLE prick, and a hypocrite too

        just like every other repuglitard

        that’s the problem with repuglitards, they all sound alike to me

        and they kinda LOOK alike too

        so I can understand why you got them mixed up

        here’s a tip

        burton is a whiny assed little titty baby, a self righteous LITTLE prick, and a hypocrite, but he is considerably taller than Issa

  15. bigbrother says:

    May be OT so erasing id fine with me but;

    Today, in hearings on Capitol Hill, I confronted Secretary of State Condoleezza Rice on her role in the lies, exaggerations, and misdirection that led us into the Iraq war.

    During my questioning, Secretary Rice falsely stated that she never saw intelligence casting doubt on the Bush Administration claims that Saddam possessed weapons of mass destruction. This unbelievable statement is flatly contradicted by numerous government reports and CIA testimonials. (To watch the video of my exchange with Secretary Rice, click here.)

    Secretary Rice’s responses demonstrate once and for all that we need aggressive oversight over this out of control Administration. Unfortunately, the Bush Administration has ignored the constitutional right of Congress to provide such oversight.

    It is time Congress took aggressive action to assert our rights on behalf of the American people.

    The House of Representatives must immediately hold former White House Counsel Harriet Miers and White House Chief of Staff Josh Bolten in contempt of Congress for their failure to respond to congressional subpoenas.

    I have been aggressively lobbying Members of Congress to support a vote on contempt, and I am thrilled to report that Speaker Pelosi told me directly that she agrees it is well past time to vote on contempt. I am anticipating that the House will shortly vote on resolutions of both civil and criminal contempt for both Miers and Bolten.

    No one should be immune from accountability and the rule of law.

    Not Harriet Miers or Josh Bolten.

    And especially not Condoleezza Rice, George W. Bush or Dick Cheney.

    It is time to defend the Constitution and our rights as a co-equal branch of government.

    I will continue to take on the Bush Administration for their outrageous abuses just as I confronted Condoleezza Rice today and Attorney General Mukasey last week. (Click here to see my questioning of Mukasey.)

    With your help we will hold these top Bush officials in contempt and continue our efforts to hold impeachment hearings for Vice President Dick Cheney.

    Thank you, as always, for your great support.

    Yours truly,

    Congressman Robert Wexler
    Do we have coordinsted movement?

  16. scribe says:

    The next step for Conyers and Judiciary, just to make clear its position once it gets to Court, is to file a couple more resolutions for committee consideration (i.e., get them on the agenda):
    1. To initiate an inquiry into whether to impeach any judge who will not enforce a Congressional subpoena and/or contempt of congress resolution against members of the executive branch;
    2. To initiate an inquiry into whether to impeach Mukasey, for refusing to state clearly “yes” or “no” (even though his answer was quite clear) whether he would follow the mandatory statutory language about enforcing contempt.
    Frankly, if I were on the Judiciary committee, his testimony the other day about whom he represented and all the rest, would have led me to move the chair to convert the hearing into an inquiry into whether to impeach him, then and there. Do it right in his face.

  17. siri says:

    Conyers has gotten cranky, huh?
    IT’S ABOUT DAMNED TIME!
    I always try and mention this when writing or phoning them,
    Remember 2006 elections?
    WE DO!

  18. BlueStateRedHead says:

    Bmaz, if you are there and still talking Clemens, here is the money quote from today’s nyt. Right on as usual.

    When Bonds denied using steroids in his grand jury testimony, the government already had coded records from the Bay Area Laboratory Co-Operative indicating that he had, indeed, used the drugs. Bonds has pleaded not guilty to perjury charges. When Jones denied using steroids, the investigators plugged away for five years until an unrelated bank-fraud case gave them additional leverage against Jones.

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