July 20th, 2007

Apollo 4 on column of fire

Inherent contempt

Likely there will be no alternative to holding inherent contempt proceedings against Harriet Miers and any others like her: http://www.airamerica.com/node/4532

What would happen is Congress would itself have Miers arrested, and she would be frogmarched into the House or Senate chamber, and there tried by the legislative body itself. It hasn’t been done in quite a while, for whatever reason, but it is an established practice.
Apollo 4 on column of fire

Yet to come: Defying the judiciary

Glenn Greenwald raises the question I have many times asked:

What the Bush administration is doing here is not merely defying (another) Congressional statute, but -- as usual -- also denying the power of the judiciary to interpret the law and compel adherence to the mandates of law. The great unanswered question of the Bush administration has been, and continues to be, whether, upon losing a judicial battle, they would explicitly claim the right to defy the judicial order on the ground that the order exceeds proper judicial authority.
Apollo 4 on column of fire

My wish

I wish I were the Speaker of the House right now. We would be noisily drawing up procedures to try Harriet Miers in the House chamber, and hinting that we might have to cancel the recess to pursue investigations and inherent contempt proceedings against one Bushist after the next.

The purpose would not be to cancel recess and try one Bushist after the next, but to stand up to a bully who would then probably back down, and if he wouldn’t then, so be it, we would investigate and demand documents and testimony, and go straight to inherent contempt when we didn’t get them, asserting proper authority where Bush asserted improper authority.

Nancy Pelosi has not yet been assertive and bold, but reactive and cautious, which encourages the bully, whose nuts should be firmly in her grasp.

(Impeachment should be neither off the table nor on it. It is beside the point right now, since you can’t get a conviction and ouster.)