Taylor Marsh – TaylorMarsh.com – News, Opinion and Weblog on Progressive Politics

Bush Channels Nixon updated & bumped

Bush has been playing at being Richard M. Nixon (without the brains) for years.
But invoking executive privilege completes the historical morphing.

President Bush invoked executive privilege Monday to deny requests by Congress for testimony from two former aides about the firings of federal prosecutors. The White House, however, did offer again to make former counsel Harriet Miers and one-time political director Sara Taylor available for private, off-the-record interviews. … .. Bush denies Congress access to aides

To top it off, Mr. Fielding is “concerned” about the “tone”
in the letter sent by Senator Leahy and Rep. Conyers to Mr. Bush. His
letter to the leaders drips with condescension. Poor Fred, it’s tough to
be this president’s pusher. Paul
Kiel and Christy
have more, but here’s the beauty from Mr. Fielding. Let’s just call him Fred.

Let me begin by conveying a note of concern over your letter’s tone and apparent direction in dealing with a situation of this gravity. We are troubled to read the letter ’s charge that the President’s “assertion of Executive Privilege belies any good faith attempt to determine where privilege truly does and does not apply.” Although we each speak on behalf of different branches of government, and perhaps for that reason cannot help having different perspectives on the matter, it is hoped you will agree, upon further reflection, that it is incorrect to say that the President’s assertion of Executive Privilege was performed without “good faith.”…

Wow. The White House lawyer talking about “good faith.” That’s hilarious.
The Bush-Cheney administration has been operating in bad faith for years and
years. Takes a lot of nerve.

But claiming executive privilege (link added), but only ratchets up
the ante. John Dean wrote a column for Findlaw about how
Congress can get at the president when he decides to play Nixon.

The Bush Administration has been reluctant to claim “executive privilege” – given the bad name Nixon gave the use of the privilege. Accordingly, the Administration has on several occasions claimed a “deliberative privilege” – even though no such privilege exists, and it is merely another name for executive privilege. Often, Congress folds when the president invokes executive privilege, for there is no real judicial remedy (as noted above, courts tend to punt, citing the “political question” doctrine). However, a determined Congress – or committee thereof – can prevail over a recalcitrant president (or vice president) if its members are determined and persistent.

The Congressional Reference
Service and update (both pdfs)
show Democrats the way. But will they follow it? It could turn into must see congressional tv.