By Paul Peete
The latest position by the White House, that the Justice Department has no authority to even consider the issue of Executive Privilege in the matter of the firing of US Attorneys in the Congressional investigation, is indicative of this Administration’s utter contempt for any oversight of Presidential prerogatives. By claiming that the US Attorneys are appointees of the President and therefore under its control, preempted from even investigating the issue posits a circular logic that tears to shreds the concept of separation of powers and the Constitutional intent of having coequal branches of governance.
Of course this should come as no surprise since this administration is accustomed to operating in a power vacuum ever since the Supreme Court in the 2000 Florida fiasco brought it into the White House. The subsequent Bush Supreme Court appointees insure that if the issue winds up in the High Court for final adjudication, the decision is predictable. I am a citizen with no legal or historical background other than a general knowledge; but all it takes to see where this is headed is common sense. President Bush has built a wall around the actions and decisions of his administration that makes a mockery of the concept of separation of powers. It galls me that we, through our elected Congressional representatives, are powerless to even challenge in the Justice Department, Executive claims of privilege.
While it is the President’s appointee who heads the Justice Department and its Attorneys serve at his pleasure, to deny them even the opportunity to rule on matters of privilege, regardless of the fact that Gonzales is sure to rubberstamp Bush’s position, he refuses to posit the issue before his hand picked Justice Department. Even a subsequent appeal to the Supreme Court would most likely back him. The Bush Administration in this latest act destroys even the already suspect appearance of the Balance of Power. With the judicial deck so obviously stacked in his favor, what does the administration have to fear?
Could Republican Congressional realization of the national disgust with the Bush Administration cause them to fear having this much power concentrated in the hands of a Democrat taking the White House in 08, forcing them to rethink the maintenance of an imperial executive branch? I can only hope that those entrusted with the legal system have enough sense to recognize that this administration is due to vacate the office in less than two years, that is if Bush doesn’t pull a Musharraf like power grab and refuse to leave at the end of his term. Based on the disparity in campaign cash pouring in and the polls showing Republican discontent with their own choices, they know in their heart of hearts a Democrat is likely to win in 2008.
Even the thinly constituted Democratic Congressional majority, so far stymied by the Republicans from exercising any counterbalance to Bush, may seize their sole alternative of issuing contempt citations and enforcing them in-house as the last level of safeguard against Bush. After all, a runaway Hillary or Barack White House should send chills through the Republicans and encourage them to maintain their counterbalance over an Imperial Executive.