When commenting on the Bush power play in rejecting White House compliance to the subpoenas, Rep. John Conyers, chairman of the House Judiciary Committee, referred to [George W. Bush]'s use of executive privilege as "unprecedented in its breadth and scope" and displayed "an appalling disregard for the right of the people to know what is going on in their government." Clearly, through this very public act of defiance, Bush makes it no secret that he is intent on keeping secrets. Let's review exactly what happened. The Bush White House found itself under the microscope of Justice Department scrutiny after allegations that staffers maliciously divulged the identity of CIA operative Valerie Plame. After this administration exhausted its customary deceptive countermeasures to deflect account...
Conversely, the administration's support of some of former President George W Bush's policies regarding executive privilege and state secrets has distressed many on the left. While it is still not clear what the Obama administration's final position will be on these issues, Obama has shown that he will occasionally surprise both supporters and detrac- tors, and that his position on any issue cannot be assumed or taken for granted. Despite the wishes of many of his supporters, he appears to be the pragmatic non-ideologue that he presented on the campaign trail. While Obama had little concrete success during his global travels, international leaders expressed enthusiasm for his willingness to listen. His quiet diplomacy was successful in solving disputes between other countries who were p...
Expounding all the outrages and inanities in the Troubled Asset Relief Act of 2008 (TARA) should not be attempted as a concession to the shortness of life. Accordingly, this column is confined to TARA's legal infirmities, although the concern may smack of quaintness among voters and the political elite who yawn at ever-escalating constitutional transgressions. (While the House was passing TARA, House Speaker Nancy Pelosi, California Democrat, scuttled a vote to hold former White House guru Karl Rove in contempt for thumbing his nose at a congressional subpoena. Mr. Rove's nonappearance ordered by President George W. Bush was a high-water mark in executive privilege that bettered the instruction of President Richard M. Nixon during the Watergate hearings featuring former White House coun...
Congress will have an uphill climb getting enforcement of its contempt citations against President George W. Bush's use of executive privilege to bar the testimony of present and former White House officials in the dispute about the fired U.S. attorneys. The Department of Justice, headed by embattled Attorney General Alberto Gonzales, has that responsibility, and the president can claim that his right to secrecy on internal administration communications extends to its lawyers.
The Constitution provides former Presidents with no powers or role, and yet numerous former presidents including Truman and Nixon have asserted executive privilege in order to withhold information from Congress, historians, and the public. The most recent former President, George W. Bush, is likely to make similar assertions based upon his sweeping view of the rights of former Presidents as reflected in his recently revoked Executive Order 13,233, potentially leading to a constitutional collision between the rights of former Presidents and those of Congress. This Article argues that, notwithstanding Nixon v. Administrator of General Services (GSA), former Presidents should retain no right to assert executive privilege based upon the text, structure, and historical context of the Constit...
... emerged in the 1950s, but presidents since GEORGE WASHINGTON have claimed the right to withhold info...BUSH have sought to limit dissemination of information ...
...2, which provides that "[t]he Privilege of the Writ of Habeas Corpus shall not be suspende... cyclical abuses of the writ by the Executive and Legislative Branches. It protects detainee rig... GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, ET AL. . ...
George W. Bush's presidency might end before any of his present or former White House advisers are figuratively dragged kicking and screaming before Congress to face some tough questions, which is what ought to happen. A federal judge appointed by Bush himself ruled in no uncertain terms last week that the president may not claim "executive privilege" and refuse to let those aides answer a subpoena by the House Judiciary Committee. Good for U.S. District Judge John Bates, who said, "The asserted absolute immunity claim here is entirely unsupported by existing case law. The executive (branch) cannot be the judge of its own privilege.
Executive privilege disputes between the political branches shape the boundaries of presidential secrecy and congressional authority. Those disputes often give rise to calls for political rather than judicial resolution. The existing academic literature and judicial doctrine in this area offer limited theoretical accounts of when courts should abstain from or resolve the executive privilege disputes presented to them by the political branches. This Article provides an analytical framework for evaluating the outcomes provided by judicial and political resolution of executive privilege disputes and then explores how those evaluations inform judicial decisions to abstain from or resolve executive privilege disputes. Political resolution of these disputes produces constitutionally acceptabl...
...The administration of President George W. Bush closed, for example, with an ongoing execu...
It's become clear that [George W. Bush] and Co. intentionally misled the country into the war in Iraq. Bush and [Dick Cheney]'s Constitutional transgressions include exercising unchecked executive power, authorizing warrantless domestic wiretaps, ordering indefinite detention of American citizens without access to a lawyer, and defying congressional subpoenas. These unilateral moves have prompted even conservatives such as columnist Bruce Fein, who argued for Bush's impeachment earlier this month on Bill Moyers Journal, to warm to the idea. [Jim Lindley]: He's made it clear in the past he's hesitant to call for impeachment, but the actions of the last month of the administration-blatantly refusing to be accountable tc Congress, that executive privilege applies to everything-it's given C...
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