Paul Abrams: Karl Rove's Executive Privilege May Vanish on January 20, 2009

[kpete]

Come January 20, 2009, high noon, Karl Rove will be in an interesting position.

He has refused to testify before Congress about the firings of the US Attorneys, although it is not clear whether it is he or President Bush who claimed Executive Privilege. It would be difficult to believe that a Court would allow anyone other than the President to claim the Privilege, as it is not a personal right, but, as described above, an extrapolation of the Article II powers of the Office.

The disastrous Bush Presidency has left the United States with a host of problems, and diminished resources with which to handle them. One area in which it did substantial damage was to the Constitution itself. Thus, while the economy, energy, education and a redirection of foreign policy are all very pressing matters, the new Congress cannot ignore restoring the integrity of the Constitution.

Some time after January 20, 2009, therefore, the new Congress will issue new subpoenas for the testimony of Rove concerning the firing of the US Attorneys. George W Bush will no longer be President, and thus no longer embody the Executive to claim the Privilege.

more at:
http://www.huffingtonpost.com/paul-abrams/karl-roves-executive-priv_b_142671.html

[Ichingcarpenter]

1. Nor will Rove's inevitable pardons rescue him

'Nor will Rove's inevitable pardons rescue him. Indeed, they may facilitate getting his testimony since he will not be able to assert 5th Amendment rights.

The pardon will not protect him against subsequent acts of contempt of Congress or perjury.

Paradoxically, the man who did as much as anyone except Dick Cheney to upset the balance among the branches by arrogating unlimited power to the President may be responsible for establishing greater constraints on Executive Privilege.'


This is a great piece thanks!!

[malaise]

2. Liberals better win this fight - Waxman stays

http://www.rollcall.com/issues/54_55/news/30015-1.html

[bluestateguy]

3. OK, but when does the statute of limitations run out?

When were those subpeonas issued? How much longer until he just runs out the clock?

[checks-n-balances]

4. Maybe that's why gwb is being so nice to the incoming Prez?

Trying to stave off pursuit of prosecution, or grant a pardon if found guilty?

[MadHound]

5. Karl Rove may already be gone by that time,

Moved to a nice friendly country that has no extradition treaty with the US. Hmm, didn't I hear about Bush purchasing a bunch of land in Paraguay awhile back. Future hideout for the Bushco criminals?

[benld74]

6. Executive Privilege is like,,,,

JUMBO Shrimp
Semi Truck
Any others?