From The New York Times
WASHINGTON, July 20 — The Justice Department would be likely to block any efforts by Congressional Democrats to seek contempt charges against present and former White House officials for refusing to give information to Congress, a White House spokesman said Friday…
A White House spokesman, Tony Fratto, said Congressional threats to have presidential aides charged with criminal contempt would probably end in failure. “It has been the Justice Department’s long-held view that the law does not permit Congress to require a U.S. attorney to convene a grand jury or otherwise pursue a prosecution” when someone refuses on the basis of executive privilege to testify or turn over documents, Mr. Fratto said.
Now my first thought here is that this is an excellent opportunity… for Congress to get out there and hire their own lawyer.
Yes, I know that traditionally the AG is the chief law enforcement officer of the federal government. But something tells me that the White House “predicting” what the AG might or might not do is a little like the late, lamented Senor Wences predicting what “Johnny” might be up to next. [Excepting, of course, their weird feud back in the late 70’s, resulting in Johnny’s autobiography, “S’not Alright: The Johnny Wences Story.” Even by today’s standards, that might be one of the strangest, most disturbing books ever written.]
I have to confess that I’m not sure if Congress is allowed to hire their own lawyer… but what else are you going to do if your lawyer won’t take the case? My advice would be for Congress to hire a high profile, out-for-blood prosecutor and sic ‘im on White House Counsel Fred Fielding. This will leave Alberto Gonzales free to be a witness and do what he does best: Testify in a hesitant, unconvincing and weirdly prissy manner. That seems to be the best approach.
Or I should say it seemed to be the best approach until I read, buried at the end of the article, this:
Congress has another route to enforce its will, an inherent power of contempt. But that has not been used since early in the 20th century. It has long been deemed unwieldy in the modern era as it entails Congress stopping all work to hold its own trial and imprisoning any offenders in the basement of the Capitol.
That’s right, all Congress has to do is take a break from its important work of doing absolutely nothing, and it will be able to throw just about the entire executive branch into the Capitol’s basement, where they can contemplate their wrongdoing as well as mouldering copies of The Congressional Record and the arcane and horrifying instruments in Karl Rove’s now-abandoned satellite “office of clarity” (just ask Arlen Specter about his 9 days there).
Would the above solution move our government “forward?” I don’t know if “forward” has much meaning when you’re pointing directly at a cliff. I do know it’d be pretty cool, though. That might seem like a poor substitute for actually serving the people of this great land and tackling the vital and crucial issues that confront our nation. But failing that… it’s entertainment. And that’s something.





35 comments
Ann
July 24, 2007 at 12:17 pm
1There’s a prison in the basement of the Capitol? Cool!
I’ve been reduced to this.
dee
July 24, 2007 at 2:00 pm
2It has long been deemed unwieldy in the modern era as it entails Congress stopping all work to hold its own trial and imprisoning any offenders in the basement of the Capitol.
Now THAT would be worth getting cable for.
(And the dearth of comments so far is probably due to the fact that the vast majority of readers of this blog are still googling “Senor Wences.” I think the reference reflects your recent passage to Old Fartdom, Adam)
Mojo
July 24, 2007 at 2:40 pm
3Congress could designate a building on Guantanamo as the temporary “wartime emergency Capitol” and hold a session there, try Gonzales, stick him in the basement, and be home for dinner. The best part is that, if they told him it was the President’s idea, he’d support their right to do it.
Boomer
July 24, 2007 at 3:42 pm
4The sad thing is, I do remember Senor Wences and Johnny. These two were not my favorite act on the Ed Sullivan Show, but they definitely kicked Topo Gigio’s ass.
Sharon
July 24, 2007 at 4:23 pm
5I remember Senor Wences, but I didn’t remember his pal’s name. And I loved Topo Gigio. Whatever happened to him, anyway? Is he in a retirement home somewhere in Florida?
Zee Man
July 24, 2007 at 5:18 pm
6It’s really kind of sad about Topo Gigio. Once CBS gave Ed Sullivan the hook in 1971, Topo was reduced to the humiliating position of church mouse for the PowerHouse Church of the Presumptuous Assumption of the Blinding Light. It was too much of a fall for poor Topo and he regrettably turned, first to pilfering communion wine and then, reefer and heroin. There never seemed to be enough food in the church, so Topo was forced to venture out into the neighborhood in search of munchies. One fateful day, while scurrying around for food and totally fucked up, he was trapped by Fritz the Cat, who ripped Topo’s head off and drank his blood. Fritz, it must be said, was jonesing for “enlightenment” himself, so he perhaps should be forgiven for doing what cats do anyway.
Harold
July 24, 2007 at 5:52 pm
7Ann, you stole my comment several hours before I could make it! I was going to use the word “dungeon”, though. I’m hoping it has a few Orcs and Goblins and a Gelatinous Cube or two, and only cheesy copper pieces, no silver or gold. Maybe a Mind Flayer or two. That would be nice, though fairly ineffective on Undesireable Number 1.
Lemuel
July 24, 2007 at 5:56 pm
8Well, that certainly ended badly. Our grass roots uprising against the narco-terrorist junta, with a merciless choke hold on this backwater Banana republic, was compromised. It turns out that my coked-up electronics genius, Jimmy, was the mole. I never should have tried to clean up his sorry drug addled butt. After three days in the jungle encampment, he asked if he could go into to town for supplies - I assumed the supplies he needed would be circuit boards, cell phones, bell wiring, etc. but what he really was looking for was, and I’m sure you’ve guessed it by now, “blow”, “white rain”, cocaine. And I’m also sure you can guess where he found it.
The onslaught rolled into our camp before dawn. All those not slaughtered immediately are now hiding in the rain forest. Rocio and I managed to shoot our way out and are now back in the states, homeless and destitute. Dammit, we could have really made a difference for that country. What a waste!
gillian
July 24, 2007 at 6:18 pm
9Plus, he’s fat, sweaty and dickless, too.
OK, I’m back from the Tuesday night beer run. Enjoy!!
Older Fart
July 24, 2007 at 6:27 pm
10Never mind Senor Wences, I go back to only one tv station in Central Florida, the CBS affiliate, which carried Howdy Doody, and which I got to watch on the only television on our street (the home of my childhood friend, whose father owned, operated, and maintained the Goldenrod Waterworks and ran grove crews for the Lake Charm Fruit Company, which had an ammonia-based ice plant) before the bus arrived for my second-shift second grade class (we were on double sessions thanks to all the post-war migration to the subtropical paradise that was easy as hell to drain, bulldoze, and develop).
The Flash Gordon special effects were something to behold.
Back to the topic: lock all their sorry asses in the basement of the Capitol and throw away the effing key, or better yet, go for some variation on the methodology employed in “The Cask of Amontillado.”
Ann, I think our national political life has pretty much reductio-ed us all ad absurdum. And W’s collected utterances do seem to me to make for poor quality dada poetry, or is it truly blank verse?
Sharon
July 24, 2007 at 6:57 pm
11OF, I found myself screaming at the radio again on the way home tonight. “Give Gen. Petraeus’s plan time to work” the man says. You’ve had f’ing 5 years!!! We defeated the Nazis in less time and they were a hell of a lot better organized!
“We need to find Osama bin Laden,” the man says. Oh, yeah?? Then why did you tell us a few years ago that he was irrelevant, that you “hardly ever thing about him anymore”?????
And now Conyers tosses Cindy Sheehan out of his office and says there “aren’t enough votes for impeachment.” Traitor! You don’t count the votes before starting hearings! There weren’t enough votes before Nixon’s hearings started, either. Isn’t there anyone in DC with a spine? Isn’t there anyone who remembers his oath to the Constitution?? I truly fear for my country. If I were 10 or 15 years younger and could speak a little French, I’d be booking a train ride north of the border right about now.
SeattleDan
July 24, 2007 at 7:26 pm
12Ahh, Sharon, I understand. We’ve been tempted, too. But now’s not the time to go. We all have work to do, work our Congress apparently isn’t ready to do, and That Is To Take Back Our Country. It’s ours, dammit. Let’s take it back.
There is lots of really, really pissed off people out there, and we need to make our voices heard and heard now. Not just YouTube questions to equivocating Dem candidates. But out on the streets.
Enough lecture. I remember Senor Wences as well, but I remember him more from Jack Paar’s show. Talk about Old Fartdom.
Ann
July 24, 2007 at 11:11 pm
13Few people would relish a good impeachment more than I—I’m picturing myself a la Madame DeFarge, knitting during the entire spectacle. It’s not a comforting image.
However, I’ve read that nothing would unite the Reps like an impeachment, and the Dems in Congress want to avoid that at all costs. What do my fellow FanAppers think of that notion?
Linkmeister
July 24, 2007 at 11:35 pm
14Ann, I think impeachment was so devalued by the Republicans that some part of the general public would automatically assume it was “all politics” and tune it out. I also think the Republicans would indeed go ballistic, but I’m not sure I care about that.
If I were the right gender I’d like to be Charlotte Corday, with Cheney as Marat.
RandyH
July 24, 2007 at 11:51 pm
15How about if they had ol’ Harriett, Alberto and Karl arrested and put in the basement of the capitol right at the end of the month and then say “Oh, it’s just so hot in DC. I guess we’ll just be going on our August Break now. We’ll just have to get back to this stuff when we get back. See you after Labor Day. Buh Bye.”
Gregor
July 25, 2007 at 3:45 am
16This is a great blog! So happy I found it! Do you folks know of one of our local (DC) delicacies? You seem the type to appreciate this.
http://www.washingtonpost.com/wp-srv/opinions/cartoonsandvideos/toles_ main.html?name=Toles&date=07252007
Jason
July 25, 2007 at 4:27 am
17Ah, but who will bring the White House folks into Congress to attend their contempt trial? And who will haul them in and lock them up in the basement?
Our government is set up so that the President controls all the guys with the handcuffs. White House officials deny the Congress’s power to call people in to testify; what makes you think they’ll bother to show up for a contempt trial? (”Kongressional Kangaroo Kourt”, the pundits will call it.) And what can Congress do if they don’t show?
Beth
July 25, 2007 at 4:48 am
18The Power of Contempt… Is that their super power, like flying or X-Ray vision? Personally, I always choose smiting. I do, however, have a strong inherent contempt for congress in general, so maybe that’s my back up power.
Ann
July 25, 2007 at 10:34 am
19Welcome to the comments section, Gregor! I’m a big fan of Tom Toles, and I’m sure he has other regular readers amongst us FanAppers. Thanks for the link.
Aaron
July 25, 2007 at 12:51 pm
20I can’t believe Gillian’s the only one to pick up on the Wash Post story about Karl Rove getting shot down by Margaret Spellings in the ’80s… maybe his failure to get laid explains the cruelty and obsessiveness. He’s sublimated sexual frustration and self-loathing into a drive for power and control. It’s all sickeningly clear to me now…
Karl’s just “Hot for Teacher!”
SeattleDan
July 25, 2007 at 1:26 pm
21So if we can get Rove laid…I’m just not seeing many volunteers to help out on this one.
Linkmeister
July 25, 2007 at 2:10 pm
22SD, um, Coulter? Ingraham? C’mon, ladies of the right!
dee
July 25, 2007 at 2:41 pm
23Hey! Karl’s married!
From Wikipedia:
In January 1986, Rove married Darby Tara Hickson, a graphic designer and former employee of Rove + Co. They have a son, Andrew Madison Rove, born in 1989
And here’s a picture of the happy couple.
Mother always said there was someone for everyone.
David
July 25, 2007 at 3:23 pm
24My god, dee, they’re mirror images of each other, except he seems somewhat kindlier. Sheesh.
SeattleDan
July 25, 2007 at 3:25 pm
25And odd to give his son the middle name Madison, principal author of the Constitution, a document Karl ignores. Unless it’s a homage to the Avenue.
Ann
July 25, 2007 at 3:48 pm
26Actually, he wasn’t bad looking back in the ’80s. There’s just no telling what evil lurks behind a pleasant face (or “in the hearts of men,” of course).
David
July 26, 2007 at 6:11 am
27SD, I wonder if he’s sufficiently bifurcated that he was thinking the former, not consciously aware that it was actually the latter.
David
July 26, 2007 at 6:38 am
28Ann, I’ve been thinking (way too much, maybe) about the yeas and nays of starting impeachment proceedings, and I keep reminding myself that I don’t necessarily know better than people like John Conyers or Nancy Pelosi (although I am a serious admirer of people like Cindy Sheehan). Josh Marshall makes a very worthwhile updated comment regarding impeachment on Talking Points Memo. But it’s Jimmy Breslin who best captures what I feel and think:http://www.truthout.org/docs_2006/072307T.shtml
David
July 26, 2007 at 6:40 am
29Oops, let me try the link again
http://www.truthout.org/docs_2006/072307T.shtml
Fran
July 26, 2007 at 8:49 am
30I suspect that Congress (and the American public who are out driving their Hummers) are figuring, “Well, it’s only for another year or so. Why waste the time and money on something as useless as impeachment”, and I suspect the truly far-right Republicans are hoping that the Dem’s will do it so they can call on Gawd and All His Holy Hellraisers to unite and smite the liberal left.
Sadly, it might work.
But locking them up in the basement? That’s just too cool!
Jim (OJNTNJ)
July 26, 2007 at 12:04 pm
31I agree with Fran. Locking them up in the basement is too cool.
I think it would be more appropriate to lock them up in the attic, since they apparently aren’t getting the figurative meaning of the term “turning up the heat.”
George
July 26, 2007 at 5:32 pm
32The best reason for starting impeachment hearings I have heard comes from that Bill Moyers interview a week or so ago. The constitional lawyer guy (the one that wrote the articles of impeachment on Pres. Clinton) said that the executive branch overstepped and assumed too much power. If we don’t correct that during the same administration, the next one will not want to give up the power they inherited.
That notion has been drifting through my brain for a while now and I think the point is valid - regardless of politics.
This guy commented on his role in Pres. Clinton’s impeachment saying that once the president showed regret, the proceedings should have been stopped. His saying that gives him credibility - he doesn’t seem partisan.
Any others of you see that show? Does Mr. Constitutional Lawyer Guy make sense? Is he neutral?
David
July 26, 2007 at 6:39 pm
33I saw it, and both he and John Dean made a great deal of sense. Theirs were the analyses that actually decided the issue in rational terms for me.
Harold
July 27, 2007 at 3:55 am
34Al Franken outlines a plan for impeachment in The Truth (with Jokes). It does require some patience, though, as the actual impeachment would take place in January 2009.
David
July 27, 2007 at 4:30 am
35If it means voters will refuse to elect a Republican, any Republican, president because of the conduct of their main guy, whom they enabled at every turn and continue to protect, even as they superficially “distance themselves,” then Al Franken’s prescription could be ok. But if the precedents set in place, and continuing to be set in place, by Bush/Cheney/Republican obstructionists are not prominent issues in the minds of voters and are not rejected by rejecting the current manifestation of the Republican Party, including the likes of Mitt Romney and Rudy Giuliani, as well as the other more comical Republicans (I left out venal as redundant), it is not enough for the recovery and long term well being of our republic. There needs to be a political exorcism, and then a very different Republican Party needs to arise from the ashes, but I suspect it can never be trusted as more than the minority party providing an alternative to any Democrats who fail to handle political power with integrity, insight, and genuine love for and understanding of the Constitution.
The only Republican with anything resembling integrity and intellectual honesty is Ron Paul. Pity he has a Libertarian domestic perspective, but noboby else has spoken up as forthrightly and legitimately regarding Iraq as has he, and he was there from day one.