It is a sad fact that the Obama administration has not been sufficiently aggressive about going after the criminals that ran the last Administration. What’s even more worrisome is the possibility that it will actively assist the ongoing obstruction of justice and contempt of our constitutional system. Latest possible example:
The Obama administration is asking for two more weeks to weigh in on whether former Bush White House officials must testify before Congress about the firings of nine U.S. attorneys.
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Michael Hertz, the acting assistant attorney general, said in a court brief released Monday that negotiations were ongoing.“The inauguration of a new president has altered the dynamics of this case and created new opportunities for compromise rather than litigation,” Hertz wrote in the brief dated Friday. “At the same time, there is now an additional interested party — the former president — whose views should be considered.”
Now, we don’t know what’s going on behind the scenes, so it’s a little early to push the panic button, but it’s particularly worrisome that the Justice Department believes Bush’s views should be considered, even if only in a pro forma way. There can be no doubt that the Congressional subpoenas in question were valid. If Obama lines up behind Bush, and the Bush position is sustained in the courts, Congress will effectively lose its oversight authority over the executive branch. The Nixon Doctrine, that if the president does it, it is not illegal, will become de facto law.
If the case reaches the Supreme Court it could be interesting. On the one hand, the right wingers will want to protect Bush and his cronies. On the other hand, a victory for lawlessness will give a free hand to Obama. He too will be able to disregard Congress. Maybe Scalia can come up with another Bush v. Gore solution, a decision that applies in this case only.
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