A senior Democratic Congressman on the U.S. House Judiciary has said that either Karl Rove will testify before the committee, or he will go to jail. In the meantime, it has also now been learned, legal counsel for George W. Bush issued a letter just days before leaving the White House, claiming Rove, Bush, and other senior staffers have “absolute immunity” from testifying to Congress in the future.
Speaking on MSNBC, Judiciary member Rep. Jerrold Nadler (D-NY) said last night that if Rove fails to show, in answer to a subpoena issued earlier this week, he’ll be cited for Contempt of Congress. Then, he said, “the grand jury indicts him, you arrest him for contempt, and you put him in jail until he is prepared to testify to obey the subpoena.” (More details, as well as video of the Nadler interview, follow below.)
On Monday, Rep. John Conyers, chair of the committee, issued a subpoena to the former senior Bush operative and current Fox “News” analyst, requiring him to appear to give testimony next Monday, February 2nd, “regarding his role in the Bush Administration’s politicization of the Department of Justice, including the US Attorney firings and the prosecution of former Alabama Governor Don Siegelman.”
On Wednesday, Rove told his colleague Bill O’Reilly, on The O’Reilly Factor that he doesn’t intend to answer the subpoena, on the belief that Bush’s previous claims of Executive Privilege exempted him from having to even show up before the committee.
[UPDATE: AP reports late Friday that Conyers has rescheduled Rove’s hearing for Feb. 23rd, in order to “give Rove’s lawyer time to consult with the Obama administration and learn whether the new president would uphold Bush’s order against testifying.”]
Nadler claimed Thursday night that, while a similar dance with Rove (subpoena, snub, contempt citation, referral to the U.S. Attorney in D.C.) had happened previously, the Justice Dept., which did not do its duty in enforcing the citation previously, would be more likely to do so, now that Bush is no longer in charge of the DoJ.
“If he refuses to show up, we vote a contempt citation…the law then says a contempt citation…is given to the U.S. Attorney, quote, this is the law, ‘whose duty it shall be’, unquote, to deliver it to the grand jury,” Nadler explained. “In otherwords, he must prosecute and enforce the subpoena.”
“President Bush, as in so many other things, simply ignored the law, and instructed the U.S. Attorney not to obey the law, and not to enforce the subpoena,” last time this occurred, the Congressman said. “I imagine President Obama will not do the same,” he added, with emphasis on the word “not.”
Here’s the video of Nadler’s interview on MSNBC last night, via RAW STORY, in which he describes the legal process at this point, and beyond, as expected by his committee…
In the meantime, Newsweek is reporting that, just four days before leaving office, Bush’s legal counsel sent a letter on White House stationery instructing Rove “that the President continues to direct him not to provide information (whether in the form of testimony or documents) to the Congress in this matter.”
However, while the letter contends that Bush “and his immediate advisers are absolutely immune from testimonial compulsion by a congressional committee,” that argument, as RAW STORY’s John Byrne notes, “is losing the battle in court” and could become “trouble for Rove and [and WH Counsel Harriet] Miers [who has also snubbed a Congressional subpoena] — and ultimately, President Bush.”
“After Rove refused to show up for a subpoena the Judiciary Committee issued last year, the House of Representatives’ lawyers sued to compel testimony, asserting that immunity should not apply in Rove and Miers’ case,” reports Byrne. “A federal judge agreed,” with the committee, though “the case is now in appeal with a District of Columbia court.”
Nadler contended, in his MSNBC interview, that Rove has no basis for asserting Executive Privilege in this matter, since the White House has previously claimed they know nothing about the unprecedented firings of U.S. Attorneys, and the other related matters.
“President Bush, as in so many other things, simply ignored the law, and instructed the U.S. Attorney not to obey the law, and not to enforce the subpoena,” last time this occurred, the Congressman said.
This raises a question for me: do we have all new U.S. Attorneys in each state yet, or are Bush’s still there?
– Tom
ps. Election Integrity Advocates should see this:
http://tpmdc.talkingpointsmemo....ote-for-me.php
Congressmember Nadler wanted to be appointed to fill the Senate seat vacated by Hillary Clinton. I was hoping a woman would be appointed…now I’m sorry. On this “piece of business” as comedians used to say, way back when, as we await Mr. Rove-goes-to-Congress…I see court dates,delay…
If President Obama says, “leave it alone”, will they? Will any excuse do to avoid action by Congress?
And, I like the question asked in comment #1.
He may show up, this time.
But he won’t have to testify.
He’ll plead the Fifth.
That’s why elBuusho din’t pardon him, or any of the rest of the shit-encrusted henchfolk of the Bush Reich.
If he’d pardoned them they couldn’t plead the Fifth.
NYC @2 said
Yup, in the Friday News dump, AP is reporting that the hearing has been postponed 3 weeks…
“Committee chairman John Conyers, D-Mich., said Friday he wanted to give Rove’s lawyer time to consult with the Obama administration and learn whether the new president would uphold Bush’s order against testifying.”
http://www.sfgate.com/cgi-bin/a...w141140S69.DTL
The Kabuki continues…
p.s. Is Fournier still the AP’s DC bureau chief?
If the final outcome is worth the wait, Americans can begin to reestablish faith in the justice system.
“Justice delayed is justice denied.”
Obama: Why do you think you are above the law in testifying before congress, Karl?
Rove: I have this hand written, signed note from George Bush excusing me.
Obama: Let me see that note…***ripping it to shreads*** Oh yeah! Now get your ass down to the committee.
Ricardo, I sure hope you are right but I’m afraid I see it more like this:
Committee: We’ve had enough of you ignoring our subpoenas. You either show up on Feb. 2 or we will send you to jail. Period!
Rove: I won’t show up!!
Committee: OH MY GAWD!!!! We threatened him with jail and he just gave us the finger. Now people will be expecting us to follow up on our threats and arrest him. What can we do? Okay, let’s just delay things for a few weeks until we can think of a way to get out of this mess we’ve gotten ourselves into…
On February 23rd 2009 if you really want to
“Summon” Rove, you’ll need to make a circle, of salt, sulfur and copper sulfate, be careful not to step outside of the circle when the black smoke appears.
Seriously, this dude ain’t going to say anything valuable. He only dare’s us to remove his 4th amendment, and waterboard him. But that’s the ultimate trap, as his soul is bound to the altar of deception. Such a person’s testimony can never be trusted. Testimony is a wast of time. Why would such a person give a crap about putting their hand on a bible and swearing to tell the truth. (Or just swearing to tell the truth for that matter.)
Rove is protected by big money, endless alibi’s and physical security.
Get hard evidence on his ass, yank his security clearance, and arrest him.
Until that day, your going to have to purge the sugar out of your gas tank, and keep cleaning the rocks and chunks of metal out of the transmission gears, keep up the FOD walks.
Ayeeeeeeks! I’m dying of laughter back here. That’s just what they should do!
This is getting very interesting. Don’t let this stupid criminal get on a plane!
I can’t for the life of me understand why calling “inhereht contempt” is off the table. It’s the fastest, most effective way to get this vulture to sing. Why get into a long, drawn-out grand jury/indictment/trial process when they could simply frog-march Porky before the committee and frog-march him off to jail if he refuses to sing. Could it be that they don’t really want to open the giant can of worms that was the duhbaya “administration”?
Even IF he appears in a cloud of black smoke he will only lie through his teeth and walk out the door.
I fail to see what this will accomplish other than closing the book on all the crimes committed.
Rove needs to be DRAGGED into an international criminal court not this dog & pony BS congressional crap.
We don’t need anymore “9/11 Omission Reports”
I totally agree Czaragorn! Why the hell we’re not using the legal tools our forefathers gave us, just convinces me they all just play for their own power. I can count on one hand those I believe to be sincere representatives of the people.
OT, win or lose tommorrow…the game should officially be in this man’s honor:
http://emptywheel.firedoglake.c...ns-super-bowl/
God damn it. Watch all the clips in the above, an if you don’t get up wanting Your Country Back…I don’t know what good you are!
Bo Hoo Hoo norm…and screw sarah palin the dominionist!
Ooops, wrong thread.
“Committee chairman John Conyers, D-Mich., said Friday he wanted to give Rove’s lawyer time to consult with the Obama administration and learn whether the new president would uphold Bush’s order against testifying.”
This looks like part of the process for determining if privilege exists in the new EO regarding claims of privilege over documents that Obama signed into law. The EO covers records that are held by the National Archive.
The thing about this situation that makes the use of this process reasonable is that Rove, if he testifies, will testify (or refuse to testify) about matters that were probably set down in e-mails at least. Possibly/probably policy directives out of various executive offices including the White House.
It is reasonable for the Committee to subsequently demand the documents from the parties or National Archive and the same dance would have to be done. This could end up in court over the actual document request.
If Conyers jumps the gun before he has an idea of how the request for privilege will be treated by the President he and the Committee could end up twisting in the wind if presumptive contempt is invoked and Obama agrees to extend privilege or a court finds for a privilege existing.
That’s how I see it playing out but even I have a problem with this as an argument: the delay is an affront to the Senate and the rule of law. Rove should have showed up and claimed privilege, not said he’d just not show up. I’d like to see anyone in the Senate or House demonstrate that respect for the law will not be subject to political ploys and a++-covering by the people that are supposed to enforce it. I’d like to see Rove in jail in the Senate basement having his toes chewed off by rats.
http://www.whitehouse.gov/the_p...entialRecords/
In a just world, ROVE would die in prison.
In a just world, ROVE would die
in prisonOn Television.Fixed that for ya Nikto
This traitor will not be able to walk the streets of this country without a full security detail for the rest of his miserable life.
Ancient #17 … it’s not like ya walked inta the wrong lavatory ~
Hey BH, how bout dat win, huh? I love NY…but the STEEL CITY got your # and the WINNING DRIVE!
Hey Ancient ~ My big win was on 11-4-08 & 1-20-09 after that … it’s been losses ice snow and cold etc. … not much of a sports fan yet I can appreciate it’s importance for others ~