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Power Without Limits
Key Excerpts from Article on Website of New York Times
Posted: July 27th, 2007
http://www.nytimes.com/2007/07/22/opinion/22sun2.html?ex=134...
The Bush administration, which has been pushing presidential power to new extremes, is reportedly developing an even more dangerous new theory of executive privilege. It says that if Congress holds White House officials in contempt for withholding important evidence in the United States attorney scandal, the Justice Department simply will not pursue the charges. This stance tears at the fabric of the Constitution and upends the rule of law. Congress has a constitutional right to investigate the purge of nine United States attorneys last year. The next question is how Congress will enforce its right to obtain information, and it is on that point that the administration is said to have made its latest disturbing claim. If Congress holds White House officials in contempt, the next step should be that the United States attorney for the District of Columbia brings the matter to a grand jury. But according to a Washington Post report, the administration is saying that its claim of executive privilege means that the United States attorney would be ordered not to go forward with the case. There is no legal basis for this obstructionism. The Supreme Court has made clear that executive privilege is not simply what the president claims it to be. It must be evaluated case by case by a court, balancing the need for the information against the presidents interest in keeping his decision-making process private. The White Houses extreme position could lead to a constitutional crisis. If the executive branch refused to follow the law, Congress could use its own inherent contempt powers, in which it would level the charges itself and hold a trial. Congress should use all of the tools at its disposal to pursue its investigations. It is about preserving the checks and balances that are a vital part of American democracy.
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