Daily Kos

'Just contemplate what that actually means'

Fri Jul 20, 2007 at 11:11:29 AM PDT

Glenn Greenwald offers his take on Mister Bush's latest effort to assert royal authority in "Bush's magical shield from criminal prosecution" at Salon.com. It's 1800 words well worth your time, as this little excerpt only gives you the tiniest taste:

Not every questionable assertion of Executive Privilege should be resolved in the context of a criminal prosecution because not every refusal to comply with a subpoena is criminal or even wrong. There is such a thing as "Executive Privilege," and -- like all other privileges, such as attorney/client or doctor/patient -- it does sometimes entitle defiance of a subpoena. It happens all the time in judicial proceedings that subpoenas are issued, the subpoenaed party claims a right not to comply, and both sides then present their arguments to a court, which resolves the dispute.

But refusals to comply with subpoenas become criminal where they are grounded not in good faith (even if questionable) assertions of privilege, but where, instead, a contempt for the rule of law is evidenced because one party abuses legitimate privileges in order to shield itself from investigation and accountability.

What the Bush administration is asserting here is the power to abolish that distinction, to immunize itself completely from the threat of criminal prosecution in those cases where it plainly abuses the assertion of privilege (as it is undoubtedly doing now) in order to immunize itself from accountability under the law. It removes completely the specter of criminal prosecution for refusing to comply with lawful investigations by vesting in the President an absolute, unchallengeable power to defy all subpoenas even where it has no arguable basis for doing so, by vesting in him the power literally to order federal prosecutors not to pursue an indictment.

He has lots, lots more.

  • ::

Tags: Glenn Greenwald, George W. Bush, Unitary Executive, Executive Privilege (all tags) :: Previous Tag Versions

View Comments | 146 comments