The egregiously unconstitutional "unitary executive" theory for the vice president is apparently alive and well.
In response to congressional requests for Vice President Dick Cheney’s Chief of Staff David Addington's testimony in the approval of enhanced interrogation tactics at Guantanamo Bay, Cheney’s attorney, Karen Wheelbarger claimed today that the U.S. Congress -- a coequal branch of government, powers given to them by the U.S. Constitution – lacks the authority to investigate his conduct in office.
Any investigation of the vice president’s office, according to Ms. Wheelbarger is...
"... not within the [congressional] committee's power of inquiry".
Update: Thanks all for putting this on the Rec list. Besides it being my usual monthly trip to the Rec List, I do believe it's very important to show Conyers that we have his back.
Now, back to your regularly scheduled program... lol
Wheelbarger continued in her written communication to Congress...
"Congress lacks the constitutional power to regulate by law what a vice-president communicates in the performance of the vice president's official duties, or what a vice president recommends that a president communicate," Wheelbarger wrote to senior aides on Capitol Hill.
This absurd exception is a continuation of Cheney’s yet to be found legal, let alone constitutional, "unitary executive" theory he started last year to dismiss rules for turning over classified documents, by deeming the vice president’s office a hybrid, "4th branch of government," both in the legislative and executive sense. House Judiciary Chairman John Conyers (D-MI) has repeatedly asked Addington and several other top Bush administration lawyers and aides to testify in the matter. Thus far all have claimed their deliberations are privileged.
Despite the obvious and dubious impediment to oversight, Philippe Sands QC, law professor at University College in Londonhas agreed to appear in Washington and discuss the revelations in "Torture Team" his new book on the consequences of the brutal tactic used at Guantanamo Bay over the past seven years.
The U.K’s Guardian has the troubling tale of arrogant defiance:
Two witnesses sought by Conyers, former US attorney general John Ashcroft and former US justice department lawyer John Yoo, claimed that their involvement in civil lawsuits related to harsh interrogations allows them to avoid appearing before Congress.
In letters to attorneys representing Ashcroft and Yoo, Conyers shot down their arguments and indicated he would pursue subpoenas if their clients did not testify at his May 6 hearing.
"I am aware of no basis for the remarkable claim that pending civil litigation somehow immunizes an individual from testifying before Congress," Conyers wrote.
Conyers, who chairs the House of Representatives Judiciary committee, also questioned the reasoning of Cheney's lawyer in a letter to Addington.
"It is hard to know what aspect of the invitation [to you] has given rise to concern that the committee might seek to regulate the vice president's recommendations to the president," Conyers wrote.
"Especially since far more obvious potential subjects of legislation are plentiful," he added, mentioning several: US laws on the use of torture on terrorist suspects, the 15-year-old War Crimes Act, and the rules that allowed the Bush White House to receive legal advice from a specialized office within the justice department.
Ok, that’s the last straw. It’s high time for Conyers to call Cheney’s bluff. He needs to give Cheney’s office a set period of time to comply with the subpoenas or suffer the consequences – impeachment or imprisonment through "inherent contempt."
I pray Conyers finally realizes the dire consequences of lenience in this matter, and the potential for the diminution of the relevance of Congress on the whole. If he fails to prevail in this extraordinary matter; this epochal struggle for power, Conyers and the rest of Congress may as well pack up their bags and head home for good – and take the U.S. Constitution with them – because it will simply become a...
"God damn piece of paper."
Please, contact Conyer’s office and tell him that we indeed have his back.
Peace