Even on the issue of whether or not they think they themselves have subpoena powers, Congressional Republicans are still willing to lay down for George W. Cheney.
In a party line vote of 22-17, the House Judiciary committee agreed to recommend to the full House that contempt of Congress charges be leveled against White House Chief of Staff Joshua Bolten and former White House counsel (and one-time Supreme Court nominee) Harriet Miers.
Committee Democrats argued forcefully that what was at stake here was nothing less than the co-equal powers of the legislative branch.
Republicans, meanwhile, argued... "Look over there! Clinton! Clinton!"
Yes, committee Republicans actual response to current and former White House officials spitting in the face of Congress and tearing up their subpoenas was to count how many times Clinton officials asserted executive privilege. Nevermind that Miers couldn't even be bothered to do that much. And please, let's not compare the number of times Bush and Clinton have waived executive privilege and allowed their aides to testify.
They even dragged out the hackneyed "Clinton fired U.S. Attorneys, too" chestnut, even though that ratty old thing has been beaten to death a thousand times.
And of course, they just had to try the old "they serve at the pleasure of the president" and "exclusive province of the executive" nonsense again.
But that's simply untrue.
The reason we're having these hearing is precisely because Congress clearly does have a legislative interest in how U.S. Attorneys are appointed. It was Congress that once assigned the duty for filling vacancies to the federal district courts, then moved that authority in the PATRIOT Act to the Attorney General. Then, when the controversy broke, the Congress moved the authority back to the courts again.
And it did that because the Constitution very clearly gives the power to assign the power of appointing inferior officers to the Congress, which can vest it in the courts, in the heads of executive departments, etc.
Therefore, the claim that the U.S. Attorneys serve exclusively at the pleasure of the president is highly questionable. But it is beyond question that the Congress has legitimate legislative interest in how U.S. Attorneys are hired. We know this because these Republican jokers actually served in the very Congresses that did exercise legislative interest in it. Twice.
That's what we call a "duh" moment.
And yet, there they were, dutifully laying down beneath the George W. Cheney Express.
Chances are, they'll do the same damned thing on the House floor, too.
I say we make 'em do it, and do it soon. Gonzales coming back to testify yesterday was a true gift, because most of America pretty much forgot about that guy after he held his breath and waited us out last time.
Meanwhile, Congress is poised to spring into... recess. Which is, after all, what you do when the proverbial iron is hot.