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Rove Is a No-Show

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Members of the House Subcommittee on Commercial and Administrative Law didn't even wait until the 10 a.m. mark to declare former presidential adviser Karl Rove a no-show this morning. The committee had subpoenaed Rove to appear to discuss the politicization of the Justice Department and allegations of selective prosecution of former Alabama governor Don Siegelman. But Rove, through his lawyer, asserted that "as a close advisor to the President," he is "immune from compelled Congressional testimony."

Committee Chairwoman Linda Sanchez (D-Calif.) was having none of that, saying, "I hereby rule that Mr. Rove’s claims of immunity are not legally valid, and his refusal to comply with the subpoena and appear at this hearing to answer questions cannot be properly justified." In her official statement, she pointed out that if Rove wants to assert executive privilege, he still has to show up and do it before the committee, not in some lame letter from his lawyer. Sanchez observed that the Judiciary Committee has already seen a parade of witnesses from the White House who have not made this argument, most notably, David Addington, Dick Cheney's chief of staff, who, while clearly hostile, did actually make the trip up the Hill to testify recently on the administration's torture and interrogation policies. Scott McClellan, the former press secretary, even testified without a subpoena!

Rove's arrogance has clearly irked Sanchez, who disparaged him for failing to cite a single court precedent that would back up his claim to absolute immunity from testifying. Quoting the Supreme Court, Sanchez said, “[n]o man in this country is so high that he is above the law,” and “[a]ll the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it.”

Sanchez based her ruling on the quintessential Supreme Court decision on executive privilege, United States v. Nixon, which found that executive privilege is a limited one. The Nixon reference is apt: Sanchez notes that the Bush White House's assertion of secrecy goes well beyond Nixon's. While Nixon attempted to prevent his White House Counsel John Dean and other White House from testifying before Congress, he eventually relented, she notes.

Sanchez is particularly galled that the Justice Department and Rove are claiming he has immunity even though he is now a private citizen, which makes his claims all the more extraordinary. Not a single argument made by the Justice Department, Sanchez writes, applies to Newsweek columnists or Fox News commentators; there is absolutely no precedent to extending immunity to former government officials.

Still, Rove has been down this road before, with the Senate, asserting that he is immune from testimony because he says so. As he did last fall, White House Counsel Fred Fielding also sent a letter to Rove's lawyer yesterday explaining that the White House has advised Rove not to testify based on the Justice Department's determination that he doesn't have to go.

Of course, the Justice Department is a dubious source of advice these days, given that the attorney general is facing his own subpoena from the Judiciary Committee. Michael Mukasey has repeatedly ignored requests from Sanchez and Rep. John Conyers to turn over documents related to the Siegelman prosecution and other oversight matters, so it clearly has a bias when it comes to deciding whether Rove ought to testify. But the department's opinion on the subpoena were apparently enough to fend off Senator Patrick Leahey, who caved last fall on any attempts to force Rove to testify before the Senate Judiciary Committee.

Members of the House may not be so sanguine. Conyers and Sanchez have already asked a federal court to enforce a subpoena from the committee ignored by former White House counsel Harriet Miers, a move they took after the Justice Department refused to enforce the subpoena. There's no reason to think that they won't do the same for Rove. If he persists in ignoring them, one day he may have to pen his columns from a jail cell.






Comments

MAKE him appear. Drag the bastard into court in shackles. Arrest the bloviated manatee. Do whatever is possible to get him in there. Do SOMETHING Congress, don't let him get away with this any longer. Show the American people that no one is above the law.

Plus, it's much harder to run a smear campaign from a jail cell.

Posted by: Carol on 07/10/08 at 8:19 AM  Respond

Democrats are spineless.

Posted by: Snappy on 07/10/08 at 8:25 AM  Respond

Ok, so you gave way our rights, and are letting the telecom, president, Vice PResident off scott free for the destruction they have caused this country. COME ON CONGRESS! OVER SIGHT PLEASE!

Posted by: Com on... on 07/10/08 at 8:48 AM  Respond

Nothing will come of this. Our spineless Congress will do nothing whatsoever.
After all...
"By the time the election rolls around the only people left supporting Bush will be the democrats in the House and Senate."

Posted by: Rod on 07/10/08 at 8:52 AM  Respond

Arrest the TurdBlossum or let him go on a hunting trip with Cheney.

Posted by: PatQ on 07/10/08 at 9:11 AM  Respond

Arrest the TurdBlossum or let him go on a hunting trip with Cheney.

Posted by: PatQ on 07/10/08 at 9:12 AM  Respond

If he persists in ignoring them, one day he may have to pen his columns from a jail cell.

Well isn't that sweet?

If YOU or I refused to show up at the order of a Congress (you know..., those guys who get their powers from US) we'd be cuffed, booked, tried, convicted and coolin' it in the slam in about 34 seconds.

Posted by: DemoPublicans One And All on 07/10/08 at 9:27 AM  Respond

Maybe it is time to apply some of those interrogation techniques that are not considered torture, to get these Bushites to talk.

Posted by: Hoyt Upson on 07/10/08 at 9:31 AM  Respond

Even if Henry Waxman succeeds in dragging Karl Rove in to testify..and, even if Rove sings like a canary..just what is Congress prepared to do..hold Rove accountable?..bring forth impeachment hearings (Ha, Ha, not as long as Pelosi is the speaker) even if every last person in this country was screaming for justice..Congress would ignore us and do what they think is politically expedient...Congress does not feel as though they are answerable to the (us) peasants, any more..don't you get it..?

Posted by: chabuka on 07/10/08 at 9:33 AM  Respond

I'd love to know where they get the idea that anyone in the employ of the executive branch is immune to subpoena. "Executive privilege" barely applies to an acting president, let alone his retired flunkies.

Posted by: Newt on 07/10/08 at 9:39 AM  Respond

No one is immune from the greed and corruption that pervades our political system.

Posted by: TruthIsGold on 07/10/08 at 9:44 AM  Respond

Another win for Rove! Separation of Powers keeps this from going any further, especially when the Justice Department backs his stance. We need to make sure Congress doesn't overstep their authority and Rove is the ideal candidate to make that point clear. Congress does not have subpoena powers any more than you or I do. Let's keep it that way.

Posted by: Patrick on 07/10/08 at 9:48 AM  Respond

Why on earth would Karl Rove show up when spineless cowards run the legislature? Its a waste of his time, and tax payer money. Oh, don't get me wrong, he should be compelled to give testimony, but the Republicans only care about laws when Democrats break them and the Democrats are weak and stupid people without the ability to assert themselves.

Posted by: TJ Weldy on 07/10/08 at 9:51 AM  Respond

Conyers and Sanchez are so miffed that they may even write a strongly worded letter to Karl and his Lawyer. I'm sure that Karl is quivering under his bed at the prospect of receiving THAT missive, probably by cerified mail, return receipt requested!

How about subpeanas for the 9th district federal court justices who continually adjutucate their own laws as dictated, not by the us constitution, but by the likes of Boxer, Pelosi, and Reid the current three stoogees orf congress.

Posted by: Bob T on 07/10/08 at 10:02 AM  Respond

Congress needs to stop writing letters and making statements and enforce the law. But Rove knows they don't have the guts to do anything about it. This is why Americans are disenchanted with the sham that is Washington.

Posted by: dadpasadena on 07/10/08 at 10:06 AM  Respond

So, Rove is clearly in contempt of U.S. Congress. Sounds like a potential enemy combatant to me. Put him in Gitmo and forget about him. Isn't that standard practice in the administration he helped to bring to power?

Posted by: Diggy Zazz on 07/10/08 at 10:06 AM  Respond

Patric is right, congree does not have the power to drag Rove in. Clearly the seperation of power act, depicts that. Congress, can scream all they want about politics this and politics that. But the justice department is the presidents. And he can hire & fire anybody for any reson he wants. They serve at the presidents whim, not congress. Thats why the Senate back down so quickly.Because, if the press did a better job of explaining seperation of powers, most people would see this for what it is. A BIG JOKE

Posted by: troy on 07/10/08 at 10:07 AM  Respond

"Sanchez is particularly galled that the Justice Department and Rove are claiming he has immunity even though he is now a private citizen, which makes his claims all the more extraordinary. Not a single argument made by the Justice Department, Sanchez writes, applies to Newsweek columnists or Fox News commentators; there is absolutely no precedent to extending immunity to former government officials."

Give it a day or so and he'll be claiming that he's just protecting his sources - he's a journalist now, right?

Posted by: Casey Miner on 07/10/08 at 10:14 AM  Respond

Patric is right, congress does not have the power to drag Rove in.

Given that the Constitution gives Congress the power to "constitute tribunals inferior to the Supreme Court" (Article I, Section 8), I think it's safe to assume that this includes subpeona powers, as even the lowest level district court has such legal power.

The QUESTION here is: Do they have the stones to enforce it?
And if Bush attempts to block them from enforcing their order, Do they have the stones to impeach the P.O.S.?
(I think Pelosi has answered that one already...)

Posted by: DemoPublicans One And All on 07/10/08 at 10:34 AM  Respond

ARREST HIM! ARREST HIM! ARREST HIM NOW!

Posted by: another lib on 07/10/08 at 10:37 AM  Respond

Hell No He Won't Show!!
Hell No He Won't Show!!
Hell No He Won't Show!!
Hell No He Won't Show!!
Hell No He Won't Show!!
Hell No He Won't Show!!
...

Posted by: Reprise of the 60s on 07/10/08 at 10:44 AM  Respond

FORCE the lying treasonous bastard in to the court in shackles. This HAS to happen.
Democrats are weak spinless creatures so I doubt they will make any attempt to defend the constitution.
Good bye America it was nice while it lasted. RIP

Posted by: bRIAN oDDI on 07/10/08 at 10:56 AM  Respond

"No man’s life, liberty, or property are safe while the Legislature is in session”
- Gideon J. Tucker -


Well now, obviously I wasn't talking about Reichsfuhrer Rove when I said that.
Just you common chattel.

Posted by: Gideon J. Tucker on 07/10/08 at 10:56 AM  Respond

And they wonder why they have a record breaking 9% approval rating. DO SOMETHING YOU MORONS!!!
A R R E S T H I M N O W !!

Posted by: bRIAN oDDI on 07/10/08 at 11:02 AM  Respond

Time to tell the Sergeant At Arms to get his gun and sword and go get Rove. Congress has the power to arrest Rove, charge him with crimes, convict him, and put him in jail without presidential interference.

If there ever was a time when Congress needed to use its powers, its now.

Posted by: Rick Cain on 07/10/08 at 11:14 AM  Respond

It does not matter. He will get a pardon.

Posted by: kirkbrew on 07/10/08 at 12:21 PM  Respond

again, the reason the congress wont do anything is they have nothing. Except Rove blowing them off. And why not their morons led by fools in Peloci & Reed. Maybe if someone said to Reed their was a land deal in it for him, he would. But unit then Rove will give them the one finger solute of tribute.

Posted by: troy on 07/10/08 at 12:51 PM  Respond

Have him arrested
Throw his ass in jail
Then tell him
"we'll get back to you when we have some time"
"Enjoy your stay"

Posted by: Angelo on 07/10/08 at 1:05 PM  Respond

Let's get real, nothing is going to happen to Rove, in spite of whatever he has done. It would require the committee to get tough and actually flex it's muscles, of which they have none

Posted by: Matt on 07/10/08 at 2:09 PM  Respond

Let Rove fight his contempt of Congress charges from a jail cell. If he doesn't want to testify before the commitee, he can do it from behind the bars of a cell. It's fine with me if he's the first Bushie to appear before the public in shackles and chains. I'd even prefer it.

Posted by: Clay on 07/10/08 at 2:44 PM  Respond

Reid won't do anything. Reid and Rove are both Mormons. Rove's arrogance is derived from the 'Choosen People' syndrome, applied to the Neocon theocracy.

Posted by: Mugwamp on 07/10/08 at 3:58 PM  Respond

so troy and patrick, President Clinton could have told his inquisitors to go pound salt, damn where were you two then ............

Posted by: john d sotherden on 07/10/08 at 5:22 PM  Respond

so troy and patrick, President Clinton could have told his inquisitors to go pound salt, damn where were you two then............

Busy filling their diapers.

Posted by: Gideon J. Tucker on 07/10/08 at 6:00 PM  Respond

Am I reading this right??

Is Nancy Pelosi REALLY talking about taking up the impeachment issue Dennis Kucinich keeps trying to get heard in Congress?!?!

(The Politico) Speaker Nancy Pelosi (D-Calif.) said this morning that the House Judiciary Committee may hold hearings on an impeachment resolution offered by Rep. Dennis Kucinich (D-Ohio).

Pelosi has said previously that impeachment "was off the table," so her comments this morning were surprising, and clearly signaled a new willingness to entertain the idea of ousting Bush, ...

THAT Sounds Too Good To Be True!

..and so it is...

It was followed by these weasel-words:
"This is a Judiciary Committee matter, and I believe we will some attention being paid to it by the Judiciary Committee," Pelosi told reporters. "Not necessarily taking up the articles of impeachment because that would have to be approved on the floor, but to have some hearings on the subject."
www.cbsnews.com/stories/2008/07/10/politics/politico/thecrypt/main4248168.shtml?source=search_story

Just more election-season window dressing, to distract us from the fact that the Dem majority hasn't delivered on ANY of it's major promises from 2006.

What a Sorry-Sack-of-an-Excuse for an Opposition Party!

Posted by: Pelosi Feels The Heat..?? on 07/10/08 at 6:15 PM  Respond

Check all fly lists on flights coming into this country for Rove's return. Have Security at the airport along with an orange jumpsuit and handcuffs. Cart the weasel off to jail for contempt of congress and as a flight risk.

Posted by: insider on 07/10/08 at 8:58 PM  Respond

Doesn't congress realize that laws don't apply to the Bush regime?

Posted by: trump on 07/10/08 at 9:05 PM  Respond

This pig face is laughing at Congress and congress will do nothing. Congress needs to have some spine to arrest this arrogant theocrat neocon and have him arrested and then wait until Bush is gone so he will not be pardoned. The key is to wait.

Posted by: Lucero1946 on 07/10/08 at 9:15 PM  Respond

Lucero1946: The key is to wait.

Oh..., that Congress will do.
But bear in mind that Ford pardoned Nixon for crimes he "may have committed", even though Nixon hadn't been charged with, or indicted for any crimes at all.

There's a fairly long list of Clinton "last day" pardons, some of which were quite controversial to those paying attention.

It's not a new story.

Bush'll pardon whoever he wants to pardon, and "waiting" provides no means to prevent it. Matter of fact, I'm sure he'd rather "wait" until his last day in office to pardon the Reichsfuhrer (he does kind of resemble a chubby Himmler..), or at the very least, until after the election.

Posted by: Gideon J. Tucker on 07/10/08 at 9:47 PM  Respond

"Rove's arrogance has clearly irked Sanchez, who disparaged him for failing to cite a single court precedent that would back up his claim to absolute immunity from testifying."

Aaaah, but members of Congress don't know about the super-secret executive order that Bush signed that gives Karl Rove absolute immunity from testifying before Congress or any court.

Oh, and just in case someone in Congress has the audacity to send the Sargent-At-Arms to arrest Rove (once he returns, if ever, from his trip overseas), he's hired Blackwater mercenaries to be his personal bodyguard with orders to shoot to kill. (Hey, I wouldn't put anything past Rove. He's this crooked and this crazy).

Posted by: The Oracle on 07/10/08 at 10:57 PM  Respond

If congress does not pursue Rove and impeach Bush, they will march into the history books as traitors to their country.

Posted by: drummer on 07/11/08 at 6:22 AM  Respond

no law has use if it carries no consequences for breaking it; all traitors should fear hanging.

Posted by: dust4ngel on 07/11/08 at 1:39 PM  Respond

Yeah, drummer, but I've never read a history book about America that told the truth or held the traitors accountable for anything. Look. folks. This country has been a country for
two hundred thirty something years and were right back where we started from, i.e., a King named George, a legislative branch that is empowered to screw us but not themselves and a massive amount of 'dead air' between us and them. One thing everybody seems to have forgotten from the sixties is that they don't pay attention to anyone that doesn't show up in D.C. by the millions pounding on their door. Until that happens we're 'out of sight, out of mind.' But ya gotta love America where we have the best Justice money can buy!

Posted by: steppenRazor on 07/11/08 at 2:04 PM  Respond

I am old enough to remember that in the early 1950s when the House Unamerican
Activities Committee would issue a subpoena a person who would disobey it would be held in contempt of law and be subject to arrest. My question is what prevents our present congressional committee from doing just that against private citizen Karl Rove?

Posted by: george saderman on 07/11/08 at 2:23 PM  Respond

My question is what prevents our present congressional committee from doing just that against private citizen Karl Rove?

1. No Guts.

2. No Nuts.

No ifs, ands or buts.

Posted by: DemoPublicans One And All on 07/11/08 at 2:37 PM  Respond

This is how they've managed to achieve that 9% Approval Rating, and quite frankly, I think the American people are over-rating their public servants.

Posted by: Gideon J. Tucker on 07/11/08 at 2:40 PM  Respond

Welcome to Amerika

Posted by: FastJack on 07/11/08 at 5:20 PM  Respond

This current Democratic Congress reminds me of parents that don't discipline their children. They threat and threat and threat, but do not carry through.

Posted by: Pam on 07/12/08 at 11:56 AM  Respond

what prevents our present congressional committee from doing just that against private citizen Karl Rove?

The Department of Justice refuses - by bu$h's order - to cooperate with the Congressional committees by enforcing the contempt citations. Such was not the case with the McCarthy era witch hunts.

Posted by: kbman [TypeKey Profile Page] on 07/12/08 at 12:59 PM  Respond

Just arrest Rove, already. Clearly he's not planning to testify willingly. I'm sure he knows enough to make impeachment a reality. Put him in a cell, please, with no special privileges & no communication of any kind. Then, we'll see how long it takes him to implode!

In this country, with the highest incarceration rate in the entire history of humankind, with 1% of the entire citizenry in jail, and 1/37 in the "justice" system, do any of you really think there will be a day that a powerful and important dirtbag like Rove will ever see even a holding cell? C'mon idiots- game over.

Posted by: chris on 07/13/08 at 11:32 AM  Respond

What most media articles failed to report is that Karl Rove actually wasn't just a "no show" he fled the country - on a "planned trip"...

No one really knows "Where in the world is Turdblossom?"

Posted by: GoTarheels! on 07/13/08 at 4:13 PM  Respond

I think Rove is going to declare himself a telecommunications company so he can get retroactive immunity. Thanks, Congress, for all you do.

Posted by: lawyerfan on 07/14/08 at 11:59 AM  Respond

i want to see this scum-ball shackled, forcefully placed in a black suburban, and delivered to the hill.

Posted by: whiz on 07/14/08 at 2:36 PM  Respond

i want to see this scum-ball shackled, forcefully placed in a black suburban, and delivered to the hill.

Posted by: whiz on 07/14/08 at 2:38 PM  Respond

"Chaney's War" - Featured on Frontline was a great explaination on why Chaney believes executive privilige trumps all. Yet, Tomas Paine, one of our founding fathers and the original "blogger" wrote rougly:

"In America, law is king. In England, the king is law. In all free countries the law should be king"

Ever feel like the puppets in Washington really don't care? It's likely because they don't.

But then again, (Other than our fearless service men and women) what have we done as citizens to prove that we are worthy of respect?


Posted by: Amanda on 07/14/08 at 3:36 PM  Respond

I completely agree. Congress doesn't feel like they need to answer to the people. These "representatives" represent everyone EXCEPT the people.

Posted by: Chris on 07/14/08 at 6:32 PM  Respond

We laugh at third-world leaders and their witch doctor advisors but look at us. It is disgusting that in a democratic nation a non-elected official is so influential. Fat, pasty-[deleted]. Send him and his lawyers to Iraq or Afghanistan and put them on patrol in one of those unmodified hummers.

Posted by: A. Moreland on 07/17/08 at 10:29 AM  Respond

There is some lovely news coming out of Ohio....how the 2002 and 2004 elections were stolen..with validated proof..and some really big names were involved...Mike Connell, Karl Rove, Jack Abramoff, Grover Norquist...etc., we might yet see this little pissant frog-marched off to prison in brilliant orange....along side some of the other worst of the worse...I live for that day!..whats the punishment for stealing and election...?

Posted by: chabuka on 07/20/08 at 11:06 AM  Respond

If Bush, Cheney and the other war criminals are not being taken to the Hague, then any lesser criminal prosecution will not take place.

Posted by: Vicki on 07/29/08 at 1:22 PM  Respond

My 45 automatic can reach out
and touch you Mr. Crook Rove.

Posted by: Bob Clark on 07/30/08 at 1:01 PM  Respond

get "em", snatches him, afterwards a little bit of waterboarding will be very helpful

Posted by: Capistrano on 08/06/08 at 11:21 PM  Respond

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