War Crimes And Fourth Branch Privilege

By Cernig

Rather predictably, Dick Cheney's office is claiming that any and all members of Cheney's staff are immune to Congressional investigation for any and all of their actions - including possible high crimes and misdemeanours. To do this they're creating a hybrid of Cheney's previous claim that he's neither fish nor fowl - neither part of the legislative nor executive arms of government - and yet is covered by executive privilege.

The lawyer for US vice-president Dick Cheney claimed today that the Congress lacks any authority to examine his behaviour on the job.

The exception claimed by Cheney's counsel came in response to requests from congressional Democrats that David Addington, the vice-president's chief of staff, testify about his involvement in the approval of interrogation tactics used at Guantanamo Bay.

Ruling out voluntary cooperation by Addington, Cheney lawyer Kathryn Wheelbarger said Cheney's conduct is "not within the [congressional] committee's power of inquiry".

"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.

The exception claimed by Cheney's office recalls his attempt last year to evade rules for classified documents by deeming the vice-president's office a hybrid branch of government - both executive and legislative.

The Democratic congressman who is investigating the legal framework for the violent interrogation of terrorist suspects, John Conyers, has asked Addington and several other top Bush administration lawyers to testify. Thus far all have claimed their deliberations are privileged.

Conyers has threatened subpoenas and Addington and the rest will ignore those too. This is what comes of the Dems blinking every time the Bush administration has asserted executive privilege and dared them to take such matters to the Supreme Court. The administration has  gambled that no-one had the political will for such a protracted struggle and they've been correct. It's now highly doubtful that Conyer's committee could resolve such a contest before Cheney and the rest leave office. After that, no-one will have the political will to pursue the matter further as a new President and Congress will want to get on with new stuff, not be tied down by old.

And so there will be no comeback, no justice for these war criminals, forthcoming from the U.S. system. Unless, and this is my fervent hope, a Dem President and Congress finally ratifies Bill Clinton's wish that America join the International Court. Then when that court investigates and applies for axtradition of Bush, Cheney and the rest, the sitting president can  step aside, talking highly about "respect for the due process of law", and let others clean the filth of the Bush Torture Years from America's historical record.

Comments

[Wendell]

Why not just cut the budget of the OVP by 10% for each and every month unless and until the VP 'discovers' that he is not some free-floating, independent power center?

[Turkey Turkey Turkey]

Has any system of government ever recovered after rescinding the rule of law and engaging in state sanctioned torture?

I can't think of any states which have regained their moral compass after going that far down the rabbit hole without a revolution.

Continuing the same system of government with different people in control doesn't seem to be enough to wash the stains away.

[pwapvt]

What Turkey x 3 said and also why not just begin impeaching Cheney. They've certainly got enough to go on.