Friday, July 20, 2007

Bush's gift to his opposition

Bush's declaration that DOJ will not pursue any contempt referral against someone who is attempting to honor a claim of executive privilege is a real gift to those who would like to remove this administration. He has made the path forward very clear.

It would have been much smarter on Bush's part not to make the assertion that he is immune from a contempt citation, allow the USA to take the referral, and then bog it down in the GJ. It would have been much harder for congress to respond to that more passive aggressive approach. Instead, his compulsion to explicitly assert his authority provides the road map to impeachment. This should play out in the following ways:

  1. The House needs to issue contempt citations at once and refer them to the DC USA.
  2. There are two possible outcomes from such a referral:
    1. The USA can bring the charges before a GJ and attempt to indict. In this unlikely case he will fired. I certainly hope this happens on a Saturday night if only for poetic reasons. If this happens, it needs to be answered with impeachment hearings.
    2. The USA can refuse to bring charges. This is the more likely scenario.
  3. In either scenario there is now a clear path to moving forward:
    1. Begin inherent contempt charges in the House against the parties for whom contempt referral was made.
    2. Begin impeachment hearings against anyone in the chain of command involved in the refusal to pursue the original charges.
By declaring that there can be no judicial recourse against the arbitrary assertion of executive authority Bush has made the roads forward very clear, and all roads lead to impeachment.

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