August 8, 2008 / by emptywheel

 

If the Questions Are So “Novel” Then How Can You Argue the Privilege Exists?!?!?

Someone really ought to call Fred Fielding on his bullshit. Today, perhaps because he reads Murray Waas (I promise, I will return to that post), Fred’s offering further negotiations in the matter of Harriet and Josh and Karl and a stack of documents. In his latest letter to Conyers, Fred says,

[A stay on Bates’ order pending appeal] will provide appellate consideration of the novel questions at stake in this matter [my emphasis]

Fred. I’m not a lawyer, so I could be wrong here. But if even you are admitting that these are "novel" questions, aren’t you, in fact, agreeing with what both John Bates and Linda Sanchez have said all along, that you’re just making this shit up!!! As Bates said,

Indeed, the aspect of this lawsuit that is unprecedented is the notion that Ms. Miers is absolutely immune from compelled congressional process. The Supreme Court has reserved absolute immunity for very narrow circumstances, involving the President’s personal exposure to suits for money damages based on his official conduct or concerning matters of national security or foreign affairs. The Executive’s current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law.

This absolute immunity shit doesn’t exist. Linda Sanchez knows it, John Bates knows it, and, apparently, you know it. So drop the pretense and send us Turdblossom to testify already, okay? 

Copyright © 2008 emptywheel. All rights reserved.
Originally Posted @ https://www.emptywheel.net/2008/08/08/if-the-questions-are-so-novel-then-how-can-you-argue-the-privilege-exists/