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Rove Deadline Delayed

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John Conyers has delayed Rove’s deadline to give a deposition by three weeks–from February 2 to February 23.

But before he left office, Bush, acting through former White House Counsel Fred Fielding, decided not to respond to any congressional subpoenas. Bush, citing executive privilege, asserted an “absolute immunity” claim in responding to such subpoenas, meaning senior Bush aides were directed not to even appear when subpoenaed.

Obama and his legal advisors have rejected that view as an overbroad reading of the president’s authority, but they have yet to fully formulate their own response to the question.

Conyers had demanded that Rove comply with the subpoena by next Tuesday, Feb. 2, but the deadline has been extended to Feb. 23, according to sources close to the issue.

I realize at least one of you was planning your birthday around Rove’s testimony (though it’s not yet clear whether it’ll be public or not), but I think this is a good thing.

I expect Obama to reject at least some parts of what Rove is trying to do here–certainly the idea that former senior aides have absolute immunity from showing up before Congress if not the notion of absolute immunity in general (to say nothing of former aides of former Presidents). Pushing the deadline out gives Obama several additional ways to respond here. They can respond through their filing on the suit, which is due on February 18. And, presumably before this deadline, Dawn Johnsen will also be installed at OLC with the option to pull Steven Bradbury’s opinion authorizing "absolute immunity" for former aides, which (after all) literally contradicts the logic Rehnquist used to justify absolute immunity in the first place.

Bush’s legal team keeps pretending there will be some point at which Obama is forced to negotiate with the Bush Administration on this. And that’s probably true for Miers’ testimony. But given the sketchiness surrounding Bush’s claim to privilege for Rove, that may not be true at all for Turdblossom.

Gold Bars Luskin: Turdblossom Is Wearing Nothing But a Fig Leaf

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rovefigsm.jpg

(Graphic by twolf)

There’s a few things really funny (as in smells funny, not funny ha ha) about Rove and Luskin’s identical attacks on Obama’s decision to comply with Fitz’s request that he not reveal the contacts between his transition team and Blago until next Monday.

Here’s Rove:

Rove: And it’s not gonna be a couple of days, last Thursday he said they’d, quote, do it in a few days, now we’re being told it’ll be next week. 

Colmes: That’s because of the prosecutor, Karl, the prosecutor has asked Obama to wait a week.

Rove: Again, first of all, the prosecutor can ask; the President-elect ought to decide what is in his best interest, and saying clearly and candidly to the American people like he should have said ten days ago, "Of course we’re going to be talking to him about who my replacement should be, but if any suggestion was made of a quid pro quo, my people would have said no right from the get-go." I just don’t buy this that the Obama transition operation is resisting giving out this information only because they’re being held back by the prosecutor’s office.

And here’s Luskin.

Robert Luskin, a Washington white-collar defense lawyer who knows Mr. Fitzgerald well, said he doesn’t doubt the prosecutor would have asked that Obama officials keep quiet until his investigation is further along. That is to prevent witnesses from tailoring their stories to what they learn others are saying. But, he said, Mr. Obama and his aides don’t have to comply. They are using the prosecutor as a "fig leaf" to avoid answering questions just now, Mr. Luskin said. They could just as easily have decided that assuring the public about their actions is more important than acceding to the prosecutor’s request.

The Investigations that Weren’t

One really minor gripe is this. The Obama team has–apparently–done an investigation and turned the results over to Fitz. Not a radical thought, I know. But consider:

Remember the Abramoff scandal–the one that should have shown Abramoff sending emails via Susan Ralston’s secret email to Karl Rove? The White House claimed to do an investigation into Abramoff’s ties to the White House. Only, they somehow missed the large number of visits (not to mention close contacts) Abramoff had with Rove and his buddies.  

And how about the Plame outing? Read more →