Thursday, June 28, 2007

Executive Decisions

Have you noticed that the media almost always side with congressional Democrats in their battles with the executive branch on constitutional matters?  This is no different. 

The president didn't cause a constitutional confrontation.  The requests by these committees — seeking information that clearly seeks to weaken the president's power to not only to fire his own employees, but to protect the decision-making process surrounding those decisions — are politically motivated.  

Here's what the White House should do — "a slow bleed."  That's right, the same strategy employed by the Democrats in the Iraq war should be used against these committees from a legal perspective.  In short, the White House should litigate this to the bitter end.  It should throw every legal obstacle it can muster in front of these partisan committees.  It should appeal all setbacks and take it all the way to the Supreme Court.  And hopefully, but the time the matter is resolved, it won't matter.  The administration will be over. 

These subpoenas are nothing more than the latest attempt to undermine President Bush in his legitimate exercise of power, which would also weaken the constitutional structure of separation of powers.  These committees have no evidence that the U.S. attorneys were fired for the purpose of obstructing any criminal investigations, despite months of hearings and testimony.  

(As an aside, I am not saying the courts have a role in deciding this issue — which may be considered a political issue — only that the White House should avail itself of all legal tactics available to fight this congressional power grab.)   

06/28 05:34 PM