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View Diary: Looking ahead: what happens when the subpoenas are defied? (222 comments)

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  •  You missed 1365(a) (8+ / 0-)

    The last sentence:

    This section shall not apply to an action to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal to comply with, any subpena or order issued to an officer or employee of the executive branch of the Federal Government acting within his or her official capacity, except that this section shall apply if the refusal to comply is based on the assertion of a personal privilege or objection and is not based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government.

    There is no evidence of massive voter fraud by Democrats. There is ample evidence of attempts to repress the vote by Republicans.

    by DC Pol Sci on Mon Mar 26, 2007 at 11:54:10 AM PDT

    [ Parent ]

    •  Good Point (1+ / 0-)
      Recommended by:
      DC Pol Sci

      I'll admit that I had not really noticed that sentence.  So it might seem that it would come down to the assertion of executive privilege, which would surely be contested.  And, of course, exective privilege is generally read rather narrowly to encompass little more than national security issues.

      Though in terms of bringing the contempt action, and dealing with the assertion of privilege, it might still be possible for the Senate to go outside the U.S. Attorney's Office to select counsel of its own choosing.  Whether it is constrained from doing so would be a matter for the court to determine as to the applicability of Sec. 1365.  I would imagine that some kind of staff memo from the Judiciary Committee might shed a bit more light on the particulars of any similar situations, butfor now, my hopes are dimmed somewhat.

      •  the Patriot Act has turned everything on its head (2+ / 0-)
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        kamakirii, Judgment at Nuremberg

        so that when we look to precedents, we have to realize they mean little to this administration. They constantly rewrite history so that Condie Rice with a PhD in Russian Studies makes the assertion that Nazi Werewolves (insurgents) remained a danger to Allied Forces for several years after VE Day and Cheney has asserted the same foolishness.
        The Patriot Act gave the groundwork for the current mess with the US Attorneys and no one knows what other "sleeper" provisions are in the Act which will be pulled out at the last minute.
        We have already seen individual freedoms eroded extraconstitutionally. I still think this is Cheney attempting to rewrite the Nixon histories and the subsequent judicial opinions.    

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