BREAKING: MIERS REJECTS CALL TO APPEAR BEFORE JUDICIARY COMMITTEE

[kpete]

BREAKING: Miers rejects call to appear before Judiciary Committee again Michael Roston
Published: Tuesday July 17, 2007


Former White House Counsel Harriet Miers has again rejected calls from the House Judiciary Committee to comply with a subpoena for her testimony on the firing of 9 US Attorneys in 2006 and 2007.

"In light of the continuing directives to Ms. Miers and as previously indicated to your Committee, I must respectfully inform you that, directed as she has been to honor the Executive privileges and immunities asserted in this matter, Ms. Miers will not appear before the Committee or otherwise, produce documents or provide testimony as set forth in the Committee's subpoena," wrote Miers' attorney, George Manning, in a letter delivered Tuesday to Rep. John Conyers (D-MI), Chairman of the Judiciary Committee. The letter was sent to RAW STORY.

Conyers had set 5 PM, Tuesday, July 17, as the deadline for Miers to make her intentions known about complying with the committee's subpoena. The committee had warned that it will now contemplate other actions, including criminal contempt proceedings, if Miers failed to comply with the subpoena.

http://rawstory.com/news/2007/BREAKING_Miers_rejects_call_to_appear_0717.html

[Greeby]

1. hit her with contempt, pronto!

[niceypoo]

71. The dems will wither up and blow into the corner as always...

...afraid to, "get their powder wet..." The republicans know this as they have seen it time and again.

[BanzaiBonnie]

79. INHERANT comtempt

[spotbird]

2. Then they'll just have to

double dare warn her next time.

[Dr.Phool]

40. Triple dog dare her!

I think Judith Miller's cell is vacant.

[Dragonbreathp9d]

74. You skipped the double dog dare and went straight for the kill

things are getting serious!

[WannaJumpMyScooter]

3. Man, who does this bitch think she is?

and what does she know that is so damaging to **?

[liberal N proud]

7. Everything

She was inside for the show.

[endarkenment]

8. Mildly offensive but admirable sentiment.

She is a minor member of the texas-mafia that currently are occupying the white house. The boss protects his soldiers.

[Horse with no Name]

14. She did a lot of groundwork to get Bush in office in Texas

purging Drivers License records amongst other things to enable the little Firestarter Rove to do his ugly deeds.
She is a MAJOR member of this mafioso.

[BlueCollar]

47. She thinks she's God

but then so do the whole cabal entrebched in the West Wing

[SoCalDem]

4. SEND A MARSHALL AND CUFF HER..

Danno :)

[Disturbed]

10. A simple Contempt Citation is not enough.

An Inherent Contempt Charge must be issued with an arrest order. The House cannot let this drag on in the Courts.

[onenote]

26. Well, get ready, cause that's the most you'll see, at least at first.

The Democrats are smart enough to know that playing this out simply is giving the administration more rope to hang itself with. They also know that it would be a major distraction if they preemptively decided to abandon 7 decades of practice and resort to the use of inherent contempt authority. They will spend their time on the defensive explaining why they need to proceed by way of a partisan "trial" (which the repubs will label a kangaroo court) rather than through the courts. It will be pointed out that the fact that the case might come before a repub judge, like Judge Walton, is not reason to avoid the courts. And if it turns out that the US Attorney refuses to go to a grand jury as directed by Congress, the option of inherent authority -- made all the more palatable by the further lawlessness of the administration -- remains open.

[AntiFascist]

51. Or....it will get swept under the rug, like all the rest of BushCo crimes n/t

[acmavm]

86. No shit...

Anybody remember when the big news was reading our mail, e-mail, and listening to our telephone conversations?

I thought they were going to get to the bottom of that a while back

[Tigress DEM]

59. Conyers is getting EVERY illegal maneuver of theirs ON THE RECORD this way.

I think they are really after *ush. By making him pull out his magic wand and politicize this more and more, it is burying him under every attempt to circumvent the rule of law.

[OmmmSweetOmmm]

23. And she wanted to be a Supreme? Where's the Sgt. at Arms? Gonzo will do nothing. nt

[ClassWarrior]

27. And notify the press!!

NGU.

[burythehatchet]

5. Jeez, give the lady a break

she's busy filming new episodes

[trashcanistanista]

33. OMG! What a resemblance!

:rofl:

[Highway61]

88. enough to gag a maggot...n/t

[BlackHawk706867]

6. I hope they use "Inherent Contempt" not just Contempt... That way they

can bypass DOJ and try her on the floor of the house.

ww

[onenote]

17. not likely to happen

Inherent contempt authority hasn't been used in over 70 years. The repubs didn't use it against Janet Reno or Clinton's WH counsel, the Democrat didn't use it against James Watt or Henry Kissinger (all of whom having been cited for contempt of congress at the subcommittee or committee level). Changing the way the game is played would become a major distraction, as the Democrats would have to explain why they weren't following the "ususal" practice of the past 7 decades and weren't relying on the court system (with the risk that what you end up with is a party line vote rather than a decision from a judge).

Now, admittedly, there is a risk that the US Attorney for DC might simply refuse to pursue a contempt citation as directed by Congress pursuant to section 194. But if that happens, there are still a couple of options open -- go to the court for a mandamus order directing the US Attorney's office to carry out the non-discretionary command of section 194 or pursue inherent contempt at that point. But the idea is to keep giving the WH more rope for them to hang themselves with. Disobeying a court order, or even merely having the US Attorney fail to act will simply highlight the administration's lawlessness more.

[BlackHawk706867]

24. Unless they use Inherent contempt there is no way they are going

to have any affect on Ms. Meir's. DOJ will refuse to prosecute this case, and nothing has been accomplished.

ww

[onenote]

30. when and if that happens, they could invoke inherent authority

And it will be a stronger case for using it than simply assuming that the US Attorney won't act or would refuse a court order directing him to act. You build your strongest case by letting them hang themselves.

[vssmith]

52. Bush would use any power real or imagined to satisfy his agenda

[Truth2Tell]

58. the idea is to keep giving the WH more rope for them to hang themselves with.??

I'd rather the criminals be brought before the authority of the law and the hanging be undertaken by the same. It's long past time to stop handing out rope and hoping they will hang themselves. If you want something done right, do it yourself Conyers.

[Kokonoe]

65. But she has not been asked any questions, she just plain

refuses to appear. Has anyone else in the last 200 years been above the rule of law.

[DaveT]

93. I'm not one of the whining nay-sayers, but

I am not so sure that this theory of giving Bush enough rope to hang himself makes any sense at this late date.

The tactical situation is this:

1. The MSM will not produce anything like a Woodstein push. It will continue to treat Bush as though he were a legitimate Chief Executive. No matter how obvious his lies or how ridiculous his legal "theories," they will all be presented as a valid "side" to the story of his ongong battle with Liberal Democrats.

2. The general public is sick of Bush; but the idea of impeachment does not yet command a solid majority as polling shows it currently sitting in the 50-50 range, at best.

3. The votes are not there in Congress to impeach (look at the Iraq funding cutoff votes in the House) and definitely not there to convict in the Senate.

So I'm not one of the hysterical firebrands who paradoxically make a fetish out of bitterly predicting that "the Dems" won't do anything. Politicians, in general, are cautious individuals, and I don't think anything is gained by dismissing the Democratic leadership just out of naive spite.


But, it seems to me that the question is what is the best way to move those polling numbers from the 50% range to 70% and higher?

I do not believe that a Federal Court strategy over "Executive Privilege" is going to move that number so much as a notch. The MSM will cover it like it covers everything -- being fair and balanced: "Liberal Democrats continued their legal battle in Federal Court today, filing papers to compel Harriet Miers to testify about her role in the firing of US Attorneys. Spokesmen for the White House called the move a craven and desparate waste of time and taxpayer money on a partisan witch hunt."

All the "action" takes place behind closed doors and is cast in esoteric theories of law. While it drags through the legal system, Bush's friends at the Justice Department and strewn throughout the judiciary have several chances to shoot this subpoena strategy down -- and whenever they score a procedural "victory for the the president" the MSM will give it front page headlines, while the wingnut propaganda machine from Limbaugh through FOX and all over cyberspace will hit the "Sore Loserman" theme with trombones and trumpets blaring like mad.


The only way to get around the MSM/rightwing propaganda axis is with direct action by the Congress. That is by definition news, and even in this decadent age of corporate journalism, Congress taking action will get covered.

I respectfully disagree with your prediction that the Congress would "have" to defend itself from GOP arguments against the radical step of taking direct action on its subpoenas. And I do not at all buy the idea that the general public knows or cares about the distinction between an inherent subpoena and a plain vanilla subpoena. Rather than make any kind of academic argument about the history of subpoenas and whatnot, I'd take take every opportunity to stay on the offensive. "Exactly what part of 'So Help Me God' gives the President and Mrs. Meirs such a problem?"

The goal should be to push the substantive argument rather than the procedural argument to the American people. Internet communications are rapidly closing the gap on the hegemony of TV and nationally distributed print news operations. Conyers and the Democratic leadership should be rallying cyberspace with an escalating call for action against the Stonewalling Whitehouse. Between the hard news of the Congress actually taking action and the continuing grass roots campaign, I think you'll see those impeachment polling numbers start to climb rather rapidly.

And if they don't, it seems to me that the "give them enough rope" strategy surely won't work either.

[JAYJDF]

9. Agreed. Why would it take so long for next step

I mean, this should have already been planned out.
Get someone in there to take her into custody.

[GOTV]

83. We're gonna lose this game...

... if we don't start looking a move or two ahead. It's not like this is a some kind of fast moving knife fight. It's not like they haven't had days to research their possible responses to all of the administrations possible moves.

"Oh my god! We never thought they'd move their bishop to block our check of their king! We're going to have to contemplate our options now".

[debbierlus]

11. Hit her with contempt & ARREST HER

[cureautismnow]

12. Time's Up!

She won't come clean. Pull the GOP inspectors out and commence bombing!

[dkofos]

13. How did they get Clinton to testify under oath??

[blogslut]

19. They asked him and he showed up

See how that works? So simple for Democrats. So difficult for Republicans

[onenote]

20. I don't recall that Clinton testified before Congress.

He testified before a Grand Jury pursuant to a subpoena and after his attempt to invoke executive privilege was rejected by the courts.

At least that's what I recall. Hopefully, someone will correct me if I'm wrong.

[BlackHawk706867]

15. The Dem's need to get "Impeachment" back on the table "NOW"

This administration has crossed every line that there is.

ww

[checks-n-balances]

18. Even tho' I'm shocked, just SHOCKED at this, I agree w/you

Wake up, congressional Dems!!

[blogslut]

16. Go get her

Paris Hilton style!

[progressoid]

21. What is there to contemplate?

[alfredo]

53. I'm sure they have their plan, that was just better than saying

what they are going to do before they act. Let her twist in the wind.

[GOTV]

84. They shouldn't say anything. They should only act.

I don't care if it's contempt, inherent contempt, sending marshals, sending more subpoenas or what. Whatever the next step was going to be should have happened at 5:01

Anyone who says to you they have to "contemplate" their response when you did what should have been easily expected of you is not someone to be taken seriously let alone respected.

[alfredo]

91. Now that the ball is in congress's court, they can let Miers twist in the

wind for a couple days. Let her wonder when the other shoe will drop. They also need time to study her lawyer's argument.

[GOTV]

95. Miers isn't twisting. The timidity congress has shown in invoking "contemplation" is comforting...

... to her I suspect.

[alfredo]

97. They are not going to let this die. They know that if they don't bush

will gain his goal of dictatorial power.

[malaise]

22. Let the proverbial

shit hit the fan. Let's go Dems.

[ananda]

25. deep dark sarcastic snort

As if there was ever any doubt.

It's Mourning in America all right.

[barbtries]

28. the congress of the united states of america

and they just flip 'em off like nothing. jail her ass, i say! charge her! throw away the key! gawdammit

[Richard Steele]

29. Enough with this goddamn ASKING already!

We already know perfectly well that these baldfaced CRIMINALS
are not going to obey the law voluntarily!

It's way past time that these lying shitheads are FORCED to
start obeying it!

LOCK HER ASS UP!

[Benhurst]

31. We used to know how to handle people like Miers.

But I guess the damned liberals got rid of all our dunking stools.

[IChing]

32. "Judiciary committee is planning their next move"

randi just called the house. They are in conference deciding what to do.

[gkhouston]

34. I wonder if that means whether they're considering whether to go

straight for inherent contempt. (Crossing fingers...)

[IChing]

35. I would have thought they already had a plan on what to do next.

Hopefully we will hear something real soon.

[Individualist]

38. but, but, who would ever have thought she wouldn't show up?

The Judiciary Committee should have been prepared for this, should have already had a plan in place for when it happened, and acted on it immediately.

[IChing]

41. Maybe they need to reply to the letter that they just got

then take action

[GOTV]

85. They could have written that response yesterday...

... it's not like the letter, or its contents, were a surprise.

[gkhouston]

42. because it's been, gosh, 55 minutes since the deadline

and NOTHING'S HAPPENED!!!!!

It's been less than an hour since the deadline and the committee is already discussing their response. I'd say they are doing something. The first thing they have to do is take a vote, and that's probably what's happening.

[in_cog_ni_to]

46. They KNEW she wouldn't show. Their plan of action should have been worked out

last week.:(

[Individualist]

49. Precisely! Randi Rhodes made that same point.

[HCE SuiGeneris]

57. Exactly. With each minute that passes, we lose any semblance

of a nation of laws. This cannot be overlooked nor pushed to the side. Congress needs to deal with this immediately and with all measures prescribed by law.

[OmmmSweetOmmm]

63. I totally agree with you. nt

[IChing]

36. I just tried to call and couldn't get through...

anyone else?

[in_cog_ni_to]

44. Well, they already know going to the DOJ is a waste of time. I wonder if they'll

go directly to Inherent Contempt?

[IChing]

45. I think they will send a letter of responce to her attorney

then take action

[EndElectoral]

37. And this woman wanted to be a Supreme Court Justice????

[Beelzebud]

94. Harry Reid thought she was an excellent choice, too...

[0007]

39. WTF!! What is Miers excuse? What am I missing?

"In fact, the cases cited in your letter confirm that the contempt statute is inapplicable to Ms. Miers," Manning wrote in the letter to Conyers. "None of these cases involves an assertion of Executive privilege and immunities at issue here. More importantly, as your letter acknowledged, these cases hold that the contempt statute does not apply where a witness has an 'adequate excuse.'"

Manning argued that Miers did in fact have such an 'adequate excuse' against complying with the subpoena, and that she also was not acting 'willfully' in contempt of Congress.

[in_cog_ni_to]

43. Excuse? The psycho told her not to appear. n/t

[Imagevision]

70. Bush says jump they jump, * says don't testify, well, you get it...

[0007]

75. Is that an excuse? I think that more like an order isn't it?

[DearAbby]

48. Gonna print up my own signing statements

and Exec Privilege papers to keep in the car for the next time I am pulled over for a traffic violation. I don't have to honor warrants and subpoenas, either...And if I wake up one day and feel like appearing in court, I dont have to tell the truth...right? RIGHT?

I mean equal justice under the law...they can get away with it...so can I and everyone else.

Some reason, I don't think I could get away with that...WHY IS SHE? Arrest her and drag her wrinkled ass before congress.

[kpete]

50. take a look at the letter -

http://rawstory.com/images/other/RawStoryMiersLetter07172007.pdf

[Rosa Luxemburg]

54. That's it, "wrap he in a blanket and drag her in to testify!"

There's no other way

(manner of speaking)

[Arugula Latte]

55. She is an Enemy of the United States. Throw her in Gitmo I say!

:grr:

[HCE SuiGeneris]

56. We have a Constitutional crisis. Congress MUST act or we no longer

live in a nation governed by laws.

[deacon]

60. They have no choice congress MUST act.- they must go after

Miers. This is what bush wants and the congress needs to respond with outrage and use all legal means to make the point.

[and-justice-for-all]

61. Because Shrub told her to!!! nt

[deacon]

62. This is probably the most important thread on DU right now. k/r

[halobeam]

64. constitutiional crisis...

or fillibuser thread to bring troops home. Both MAJOR.

[Hubert Flottz]

66. Now you see how much respect for the law a Bush nominee for

the highest court in the nation has. Zero...

Bush's cronies are all the same CROOKS and LIARS...just like John Kerry said!

[radfringe]

67. laws? we don't need no stinkin' laws

[Hubert Flottz]

69. LOL

Is she changing The Mommy's Baby in Cheap's Holy GOPer Didee?

[bdamomma]

82. I am hoping that all of them fall off that pedestal that they are on.

stinking SOB's.

[Imagevision]

68. R U kiddin? - this ios ALL Bush & Cheney's doing, they know they can't afford

to allow anything about the attorney's firings be made public and will go thru January 9th 2009 to prove it. Obviously Bushco is pushing back Dem demands and it's working, yes/no/maybe?!! It seems that way, all Leahy/Conyers do is to make subpoena threats.

[comtec]

72. put the b**ch in chains!

Drag her in front of the house and try her ass NOW!
It was good enuf for the congress until 192x, it's damned good enough for now!
The rule of law is gone! In the old days congress used to do this all the time.
Eventually the justice department was handed the cases to deal with, but originally
congress tried people all the time and jailed them for the remainder of the term.

this is a law that needs to be brought back. It was not used on Clinton, and those mentioned before because they were not so BLATANTLY disrespectful of this body of government.

I SAY PUT THE BITCH IN CHAINS!
BUT....

wait until the filibuster has passed, why waste political credit if no one is going to see you do it!
Think of it, a one two punch... First, the bill passes (I hope) and then Meyers is brought in front of congress and tried on inherent contempt! Lets see the chimpinator pardon that!

-A very mad Patriot in exile!

[whistle]

73. This is now appearing as complete defiance of congress and the law

[The Stranger]

76. Why in the fuck haven't they moved forward with contempt yet?

[comtec]

77. one word... "Filibuster"(buster)

Honestly this is a good move. Wait until the Senate is done with it's thing. goto lunch, then BAM! put the bitch in irons!

[Javaman]

89. come on, do you really have to ask that question? nt

[The Stranger]

98. Yes -- otherwise, I wouldn't have asked it.

[Imagevision]

78. Repugs jump on an opportunity and the Dems are too slow in response?!!

[GOTV]

80. NOW? NOW they're going to contemplate other actions? Why wasn't this forseen and planned for?

That just looks foolish. Does no one in Washington understand the concept of a Plan B?

It sounds like an admission that they either don't have any further options or that they aren't willing to use their additional options.

If they are serious about this they should have had all the paperwork, phone numbers, signatures, meetings scheduled that they needed to immediately set in motion their response to this easily foreseeable occurrence.

Have they not the common sense to know what it looks like that their response to this defiance is to go contemplate?

[bdamomma]

81. arrest her ass please?

[Lost4words]

87. Put her on a jet to where ever for Interrogation!

Who do these people think they are?

[aquart]

90. Disbar her, Texas.

[Beelzebud]

92. If the Dems don't hold her in contempt they are forfeiting their powers of oversight...

[flying_wahini]

96. LOCK HER ASS UP!

do it..... do it..... do it......

make her stay at least a month or two before she can "change
her mind"

[Vilis Veritas]

99. The only solice I can take in all this is that when it is over...

Shrub will be a drunken, drooling idiot...oh, wait, he already is...



Peace

edited for spelling...

[Maraya1969]

100. WHO DO WE WRITE/CALL TO DEMAND THAT SHE BE ARRESTED????

I am sick to death of these people doing whateverthefuck they want because they know they can get away with it.

That is the ONLY reason they do it! If she knew that an officer was going to pick her up and throw her in the slammer you be 100% positive that she wouldn't pull a stunt like this.


I blame the Democrats and I want to know who to call/write/harass to make this stop.

:nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke:

[hisownpetard]

101. I've been told that using all capital letters is like yelling...

There MUST be consequences for Miers - no two ways about it.
Snap those cuffs around her spindly wrists and
LOCK HER THE HELL UP!!!!!!!!