Documents from Dick, not Bush?!?!?

by emptywheel

As ThinkProgress reports, the Senate Judiciary Committee was about to issue subpoenas on the warrantless wiretapping program. And then Cheney told Specter no. And Specter did what Cheney told him to do. Lesson number 383,947 in why Specter is the most pathetic piece of haggis in the Senate.

In fact, we were about to issue subpoenas then and one of the senators came to our meeting and said that the vice president had met with the Republican senators and told them they were not allowed to issue subpoenas.

Not quite sure that’s my understanding of the separation of powers, but it seemed to work at that time.

I'm just guessing outtamyarse, but what do you want to bet the subpoenas in question were ones Schumer wanted to issue to John Ashcroft, James Comey, and Jack Goldsmith back in February 2006? You know, the ones that would have elicited the hospital story from Comey before the PATRIOT Act got renewed? You think maybe Cheney told Specter that he couldn't solicit the very same testimony that has gotten the Administration in such hot water this year?

Nah.

But the thing I'm most interested in is the reasoning behind the dual treatment of the White House and OVP. As Leahy said, the Administration claimed that it is not part of the Executive Office of the President.

Incidentally, in the administration’s response today, they claimed the Office of the Vice President is not part of the Executive Office of the President. So it’s some kind of fourth branch of government.

Well, that’s wrong. Both the United States Code says it is part of the president — oh, incidentally, at least this morning, as I left Vermont, I checked the White House Web site. And even their own Web site, this morning, at least, says that the Executive Office — that the vice president is part of the Executive Office of the President.

What I find most interesting, though, is that these two purportedly constitutionally separate offices responded differently to the subpoena. OVP turned over a log of documents responsive to the subpoena.

I received a letter this morning from the Office of the Vice President identifying some documents that would be responsive to the committee’s subpoena.

Now, the acknowledgement of these documents is a good first step. I don’t know why it’s taken so long, but it’s a good first step. And it should be followed by the administration turning them over which, of course, is what we requested in the subpoena.

But the White House response did not even offer that much--it refused to even offer a list of documents.

The letter I received today from the White House Counsel did not identify any documents, but expressed vague hopes of negotiation and accommodation while raising the specter of more privilege claims.

So, what gives? Dick Cheney is all of a sudden more cooperative with the outdated second branch of government than Bush? Why the different approach?

I can't help but remember an exchange between Senator Whitehouse and Alberto Gonzales in the latter's last Senate appearance. Whitehouse was focused closely on the documents authorizing the program, in particular the one Gonzales had with him on the night of the hospital visit. And that document is at the White House.

WHITEHOUSE: Would [the continual authorization of the program] be reflected in any document?

GONZALES: Yes, it would.

WHITEHOUSE: We'll pursue the document later.

When you went into the attorney general's room at the hospital that night, what document did you have in your hand?

GONZALES: I had in my possession a document to reauthorize the program.

WHITEHOUSE: Where is it now?

GONZALES: I'm assuming the document is at the White House. It was a White House document.

WHITEHOUSE: And it would be covered by presidential records laws?

GONZALES: It is a White House document.

You think perhaps the different response is intended to hide specific documents?

Comments

[P J Evans]

My guess: if Congress got the documents, the documents would show that Bush was involved in this as much as Cheney and Rove, and that they knew what they were doing was illegal and unconstitutional. They'd probably also show that Congress and the news media were being tapped too, along with anyone the WH considers a dissident.

[cboldt]

There are four separate June 27 "subpoenas packets." One to WH, one to OVP, one to NSC, and a fourth to DOJ.

[emptywheel]

Right (which has the neat result that Addington is named on his).

But why follow two different approaches and specify that OVP is separate in this response?

[cboldt]

Without looking up any details, my guess as to arguing OVP is not part of the executive branch is to facilitate mounting a technical argument about what has to be retained/disclosed as a matter of WH records law. WH might repose certain documents in OVP, then claim those documents are out of reach of Congress.

The mention by WH, if that's what Leahy is saying, strikes me as odd too. We'll know eventually. This issue has been kicking around since December 2005, and it's not going to go away quietly.

[cboldt]

I have to LOL at the notion of claiming "we're not executive, we're Congress," and then withholding material from the same Congress that the office claims to be part of.

[emptywheel]

Ah, good suggestion, cboldt.

IIRC, David Addington's name is the one on that subpoena. I hear there's an unwritten permanent exemption on the Geneva Convention for guys who believe the Geneva Convention is "quaint."

[cboldt]

Kind of like a "blind trust," but instead of for investments, this one is for government/public policy.

Who knows. I've read some of the most gawd-awful BS arguments out of Gonzales, et al, nothing would surprise me at this point.

[bmaz]

Now, EW, do you have an AGSquared auto-penned memo to that effect? Written by Addington of course....

[bmaz]

See, that is why I like cboldt so much; it is the precision of language. The description of "gawd-awful BS arguments out of Gonzales" is exactly correct. You can hear arguments "out" of Gonzales; but not "from" Gonzales, because he can sign or repeat other's sophisticated arguments, but he doesn't do that himself, because intellectually he is an empty cipher.

[Ralph]

Specter is the most pathetic piece of haggis in the Senate.

Marcy, I love you.

[zhiv]

if it's on the White House web site, then it must be true.

Hard to believe that the 4th branch is still leading its zombie undead existence. Is there some argument that Addington can make so that Cheney and the 4th branch stay intact after 11/08, so he can continue to bomb and pillage?

[readerOfTeaLeaves]

Sorry to be dismally stupid, but as I read this, the Sen. Judiciary Committee as finally going to call bullsh*t on the WH stonewalling, and issue subpeonas.

But Cheney called up Spectre to say, 'you're 'not allowed' to do that'?'
And Spectre believed him...?
(Why do I feel about as nauseaus as if I'd just seen a dog get run over by a car...? Ick! Ick!!)

Off in search of some aspirin, a hot tub, and a large bottle of wine.
Maybe this'll make more sense if I re-read after a little R&R.

[MarkH]

My momma always said surreal is as surreal does.

Apparently the Republicans have bought into the dictator scenario and have written off the separate but equal branches of government along with checks & balances.

Also, if they take orders from Cheney, then the big question is whether Cheney is atop the pile or if he takes orders from Bush with the same obedience.

It's getting curiouser and curiouser.

[BillE]

That's our Arlen. Him and HuckleberryGrahm are such classics. All bluster then do what the master is bidding. In Grahams case its homosexual allegations which Cheney probably has all the goods on. What is it with Arlen, he has been a good company man ever since the magic bullet theory? Is he some kind of closet case?

[dotsright]

Hmmm. Fielding is White House counsel and was specifically brought on board to coordinate response to subpoenas from the Congress. Cheney seems to be going his own way. Did Fielding throw Cheney overboard or is it just Cheney being a Dick and deciding that he'd rather mount his own defense?

[Dismayed]

Cheney is at the power center of the neocon machine. He was brought on to run the executive and agency machines. Bush is his beard. Bush works for Cheney, but no one bothered to tell him that. The architechs of this coup knew that the right circle around Bush would keep him on strings. It's probably just now dawning on Bush that he's a puppet, but what's a puppet that's broken the law to do, bow to the guy who has hold of the levers, of course.

This Cheney told us we weren't allowed to business is a huge stick that Dem candidates can shove up a bunch of incumbant ass at will during the campaigns.

I smell desparation, can't quite put my finger on the details, but this whole neo-con shit house is creaking, and it's going to blow.

[readerOfTeaLeaves]

I smell desparation, can't quite put my finger on the details, but this whole neo-con shit house is creaking, and it's going to blow. I agree. Tea leaves that might be relevant...

http://www.iht.com/articles/2007/08/21/america/wealth.php
U.S. Fears Overseas Funds Could 'Buy Up America'

http://news.bbc.co.uk/2/hi/business/6957738.stm
Surge in US Home Repossessions
"There was a 93% jump in filings for repossessions on the same month a year ago, and a 9% rise on June's figure, property firm RealtyTrac said....The RealtyTrac data showed there were 179,599 foreclosure - or repossession - filings in July. This equates to one for every 693 households...."

http://www.iht.com/articles/2007/08/17/opinion/edvarzi.php
A Debt Culture Gone Awry (the writer is evidently an Iranian banker)
"The U.S. economy, once the envy of the world, is now viewed across the globe with suspicion... The United States borrows a whopping $2.5 billion daily from abroad to service its burgeoning debt." [Bold is mine.]

I think the desparation is legal, as well as economic. But the foreign press tends to cover it better than the US press, IMHO. (However, I really do need to catch up on Britney's manic act, and I've lost track of who Brad Pitt is shagging at the moment. Yikes - I'd better go check msnbc and cnn to catch up!)