Privilege for the Undeserving
According to news reports and analysis the Bush Administration believes it reasonable for the people’s employees in the Executive branch to be permanently exempt from having to testify before the people’s representatives about their activities while in office….even long after they have departed the government. The matter at hand has to do with Harriett Miers and Karl Rove and the Congressional inquiry into the famous firings of US Attorneys who failed what is largely understood to be a test of partisanship. That US Attorneys are supposed to be above the partisan fray in upholding federal law would hardly seem controversial, but for the past 8 years, we’ve seen the most severe challenges to this idea one can recall.This is a matter where I think the progressive community must speak up. It is not clear that the Obama White House, so clearly wanting to “look forward,” will want to see John Conyers and others pursue these matters. But there is such an important principle at stake – the fundamental balance of powers. If members of the Executive Branch cannot be held to account, especially after any vulnerability to executive action has ceased with advent of a new administration, we might indeed end up with the “imperial presidency” as some characterized the Bush/Cheney regime.We should watch for the outcome of the US Court of Appeals case involving Harriett Meirs and Josh Bolton on the US Attorney’s firing inquiry in the House. They have asserted this “absolute” privilege and the new Administration will have to present their position on privilege at this early moment in their tenure. Something worth speaking up on, that’s for sure.