How Bush and Cheney plan to escape.
by Kagro X
Sun Nov 12, 2006 at 06:19:56 AM PST
So, Democrats have won back the Congress. Impeachment is "off the table," but Pelosi apparently stands by her assertion that the most valuable part of the victory will be "subpoena power." We're going to have investigations. And the environment is "target rich" enough, it seems, so that Rep. Henry Waxman, the presumptive chair of the Government Operations Reform and Oversight committee (the Republicans changed the name from Operations to Reform and Oversight in the wake of their 1994 victory, perhaps preemptively overcompensating for their later intention not to conduct any) says, "The most difficult thing will be to pick and choose."
But as we've discussed in the past, it's entirely possible that the "administration" may simply refuse to comply with Congressional subpoenas (or may comply only very selectively), whether by invoking the power of the "unitary executive" to block the service of those subpoenas and/or the prosecution of charges of contempt of Congress (the presumptive penalty for non-compliance), or by engaging in a delay-and-litigation strategy aimed at running out the clock before the issues are settled in court -- if they can be settled there at all.
Recall that Congressional subponeas are served by the U.S. Marshals Service, and contempt is prosecuted at the discretion of the U.S. Attorney, both under the control of the "unitary executive." And that Cheney has said he will not testify, even if subponaed. And that the "administration" is apparently promising to resist any effort to curtail executive power with "a cataclysmic fight to the death" that will include a program "to assert that power, and they're going to fight it all the way to the Supreme Court on every issue, every time, no compromise, no discussion, no negotiation."
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But along the way, Democrats who had counted on taking impeachment "off the table" and depending instead on their plan to expose the wrongdoing of the Bush "administration" will find that they're once again stuck defending the "nuanced" position, against a White House brazenly claiming the mantle of True Defenders of the Constitution, as always, in defiance of all logic. We'll be stuck in the position of seeking to violate the separation of powers in order to nail the "administration" for violating the separation of powers -- a doctrine we were for, before we were against, I guess. And at the end of the rainbow? A pretty good chance the courts will say, "This is a political problem. You know what your remedy is."
Then, the clock strikes noon, a successor is sworn in, and so it is that this panoply of impeachable crimes joins those unpunished in the wake of Iran-Contra.
http://www.dailykos.com/story/2006/11/12/91956/971