I preface this by a comment. I have always thought that Bush would try to stay in office past two terms. I think that this recent development is leading us in that direction. This means he can never be impeached, b/c logically he can invoke exec priv to prevent any investigation that would lead to impeachment. Please - tell me i am wrong.
Executive privilege -- Bush's new twist
President insists his authority trumps all in attorney firings
Dan Eggen, Amy Goldstein, Washington Post
Friday, July 20, 2007
(07-20) 04:00 PDT Washington -- Bush administration officials introduced a bold new assertion of executive authority Thursday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege.
The position presents serious legal and political obstacles for congressional Democrats, who have begun laying the groundwork for contempt proceedings against current and former White House officials in order to pry loose information about the dismissals.
Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action."
But administration officials argued Thursday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.
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