President Bush invoked executive privilege to keep Congress from seeing the FBI report of an interview with Vice President Dick Cheney and other records related to the administration's leak of CIA operative Valerie Plame's identity in 2003. He also invoked executive privilege to keep himself from knowing he had invoked executive privilege regarding the FBI report.
The president's decision drew a sharp protest Wednesday from Rep. Henry Waxman, chairman of House Oversight Committee, which had subpoenaed Attorney General Michael Mukasey to turn over the documents.
"This unfounded assertion of executive privilege does not protect a principle; it protects a person," the California Democrat said. "If the vice president did nothing wrong, what is there to hide? Except shenanigans!"
The president's decision drew a sharp protest Wednesday from Rep. Henry Waxman, chairman of House Oversight Committee, which had subpoenaed Attorney General Michael Mukasey to turn over the documents.
"This unfounded assertion of executive privilege does not protect a principle; it protects a person," the California Democrat said. "If the vice president did nothing wrong, what is there to hide? Except shenanigans!"
Mukasey's subpoena
Bush's assertion of privilege prevented Mukasey from complying with the House subpoena for records bearing on the unmasking of Plame at a time that the administration was trying to rebut criticism from her husband, former U.S. Ambassador Joseph Wilson, of Bush's rationale for going to war in Iraq. As you recall, Wilson said there was no orange stuff, but Cheney did not like it, so he had Scooter scoot over to Bob Novak to tell him about Valerie Plame.
Cheney's chief of staff in 2003, I. Lewis "Scooter" Libby, not to be confused with I, Robot, was later convicted of perjury, obstruction and lying to the FBI about his role in leaking Plame's name and CIA affiliation to a reporter. Last July, Bush commuted Libby's 2 1/2-year sentence, sparing him from serving prison time, demonstrating that he is, indeed, a compassionate conservative.
In grand jury testimony played at his trial, Libby acknowledged he told the FBI early in the Plame probe that "it's possible" he spoke to Cheney about whether to share information with reporters about Wilson's wife. "It's possible," he said. "Maybe. Perhaps. I'd have to talk to Dick. He might know what I did."
No immediate contempt citation
Waxman held off an immediate contempt citation of Mukasey, but only as a courtesy to lawmakers not present Wednesday and to give all members a chance to read up on the matter. He made clear that he thinks Mukasey, who requested that Bush invoke executive privilege to shield the records, has earned a contempt citation and could move on the Beijing Olympics.
"We'll act in the reasonable and appropriate period of time," Waxman said. "We've only been on this case since 2003. In Congressional time, that's milliseconds!"
In a Tuesday letter to Bush, Mukasey said the assertion of the privilege would not be about hiding anything but rather protecting the separation of powers as well as the integrity of future Justice Department investigations of the White House. Several of the subpoenaed reports, Mukasey wrote, summarize conversations between Bush and advisers - something equally as damning, perhaps more so.
"I am greatly concerned about the chilling effect that compliance with the committee's subpoena would have on future White House deliberations and White House cooperation with future Justice Department investigations," Mukasey wrote Bush. "I believe it is legally permissible for you to assert executive privilege with respect to the subpoenaed documents, and I respectfully request that you do so - or my ass is grass. And if my ass is grass, then your ass is grass, and Cheney's ass is grass, and the next thing you know, the White House is one, big Easter Basket!" This statement, of course, did reach the press, but, because it was not subpoened, could not be used in any deliberations.
Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., wrote to Mukasey later Wednesday suggesting that the attorney general should have recused himself from the dispute because he is the subject of the subpoena and he gave Bush advice about it.
The Bush administration had plenty of warning. Waxman said last week that he would cite Mukasey for contempt unless the attorney general complied with the subpoena. The House Judiciary Committee also has subpoenaed some of the same documents from Mukasey, as well as information on the leak from other current and former administration officials.
Congressional Democrats want to shed light on the precise roles, if any, that Bush, Cheney and their aides may have played in the leak.
State Department official Richard Armitage first revealed Plame's identity as a CIA operative to columnist Robert Novak, who used former presidential counselor Karl Rove as a confirming source for a 2003 article.
Bush's assertion of privilege prevented Mukasey from complying with the House subpoena for records bearing on the unmasking of Plame at a time that the administration was trying to rebut criticism from her husband, former U.S. Ambassador Joseph Wilson, of Bush's rationale for going to war in Iraq. As you recall, Wilson said there was no orange stuff, but Cheney did not like it, so he had Scooter scoot over to Bob Novak to tell him about Valerie Plame.Cheney's chief of staff in 2003, I. Lewis "Scooter" Libby, not to be confused with I, Robot, was later convicted of perjury, obstruction and lying to the FBI about his role in leaking Plame's name and CIA affiliation to a reporter. Last July, Bush commuted Libby's 2 1/2-year sentence, sparing him from serving prison time, demonstrating that he is, indeed, a compassionate conservative.
In grand jury testimony played at his trial, Libby acknowledged he told the FBI early in the Plame probe that "it's possible" he spoke to Cheney about whether to share information with reporters about Wilson's wife. "It's possible," he said. "Maybe. Perhaps. I'd have to talk to Dick. He might know what I did."
No immediate contempt citation
Waxman held off an immediate contempt citation of Mukasey, but only as a courtesy to lawmakers not present Wednesday and to give all members a chance to read up on the matter. He made clear that he thinks Mukasey, who requested that Bush invoke executive privilege to shield the records, has earned a contempt citation and could move on the Beijing Olympics."We'll act in the reasonable and appropriate period of time," Waxman said. "We've only been on this case since 2003. In Congressional time, that's milliseconds!"
In a Tuesday letter to Bush, Mukasey said the assertion of the privilege would not be about hiding anything but rather protecting the separation of powers as well as the integrity of future Justice Department investigations of the White House. Several of the subpoenaed reports, Mukasey wrote, summarize conversations between Bush and advisers - something equally as damning, perhaps more so.
"I am greatly concerned about the chilling effect that compliance with the committee's subpoena would have on future White House deliberations and White House cooperation with future Justice Department investigations," Mukasey wrote Bush. "I believe it is legally permissible for you to assert executive privilege with respect to the subpoenaed documents, and I respectfully request that you do so - or my ass is grass. And if my ass is grass, then your ass is grass, and Cheney's ass is grass, and the next thing you know, the White House is one, big Easter Basket!" This statement, of course, did reach the press, but, because it was not subpoened, could not be used in any deliberations.
Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., wrote to Mukasey later Wednesday suggesting that the attorney general should have recused himself from the dispute because he is the subject of the subpoena and he gave Bush advice about it.The Bush administration had plenty of warning. Waxman said last week that he would cite Mukasey for contempt unless the attorney general complied with the subpoena. The House Judiciary Committee also has subpoenaed some of the same documents from Mukasey, as well as information on the leak from other current and former administration officials.
Congressional Democrats want to shed light on the precise roles, if any, that Bush, Cheney and their aides may have played in the leak.
State Department official Richard Armitage first revealed Plame's identity as a CIA operative to columnist Robert Novak, who used former presidential counselor Karl Rove as a confirming source for a 2003 article.
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