Jul 31st, 2008 at 5:37 pm
Absolute Privilege
The Bush administration wants to say that its officials have carte blanche to ignore congressional subpoenas, to which Judge John Bates replies:
The executive’s current claim of absolute immunity from compelled Congressional process for senior presidential aides is without any support in the case law.
Mark Kleiman observes that this is the legal equivalent of being told your argument is bullshit. For real analysis read Marty Lederman.
33 Responses to “Absolute Privilege”
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July 31st, 2008 at 5:48 pm
For those who don’t know, Judge Bates is a Bush appointee, and former Whitewater staffer. So, just another damn liberal activist judge.
Incidentally, in the long run this Administration has done as much or more to generate legal opinions limiting executive powers and privileges as any previous Administration, including the Nixon Administration. I suspect that was not their intention, and I honestly think they have been ill-served by the yes-men they installed as their lawyers.
July 31st, 2008 at 6:09 pm
Assuming this gets appealed (and it probably will) any ideas who the judge(s) that will hear the appeal would be and what their political inclinations are?
July 31st, 2008 at 6:15 pm
I’m still curious as to the reason that inherent contempt charges have yet to be filed.
July 31st, 2008 at 6:16 pm
So, the White House must be referring to non-case law.
July 31st, 2008 at 6:23 pm
Yeah, he’s the dick-tater alright.
July 31st, 2008 at 6:47 pm
Not just a smackdown, but a smackdown from a former Starr associate who has ruled in Bush’s favour in every high-profile decision he could. Ouch.
July 31st, 2008 at 6:48 pm
I long for the days of 25-30 years ago (not really but bear with me) when a comment like this would get the opposing lawyer sanctioned under Federal Rule of Civil Proceudre 9, where they could be fined money for wasting the court’s and the opponent’s time.
If only…
July 31st, 2008 at 8:59 pm
All of the Bush administration’s claims about the law sound as if they were inspired by the Third Reich.
July 31st, 2008 at 8:59 pm
All of the Bush administration’s claims about the law sound as if they were inspired by the Third Reich.
July 31st, 2008 at 9:02 pm
I’m still curious as to the reason that inherent contempt charges have yet to be filed.
I think the Congressional leadership wants to get the courts on record backing them. Just my guess.
Of course, with Harry Reid in the picture, we can’t rule out abject cowardice.
July 31st, 2008 at 10:40 pm
would get the opposing lawyer sanctioned under Federal Rule of Civil Proceudre 9
FRCP 9 contains some technical pleading rules. You probably mean FRCP 11
July 31st, 2008 at 11:49 pm
I don’t know how my comment could have showed up twice, although at all happened when I pushed the button the first time (Matt’s website usually runs the green “loading” icon at the bottom of my Windows explorer window for 30 seconds or so to post comments + get to the next screen for me for some reason), so I pushed it twice.
Anyway– I wouldn’t say that being told your argument is completely without support in caselaw “is the same thing as being told your argument is bullshit” because caselaw is based on either statutes, a constitution, a treaty, the self-published rules of an administrative agency, or– get this– other caselaw, but if you’re making a new, pragmatic argument that doesn’t have support somewhere else, it is in the abstract a relative weakness.
Anyway, I think Bush’s administration’s point of view is a departure from already established caselaw (that is, it’s contrary to settled law), to be precise, which is another matter entirely and is potentially a lot worse than just not having support in the caselaw.
July 31st, 2008 at 11:54 pm
“although at all happened when I pushed the button the first time”
Should say “nothing at all happened.”
Now whole words are disappearing from my comments, too– imagine that!
August 1st, 2008 at 5:06 am
I’m still curious as to the reason that inherent contempt charges have yet to be filed.
August 1st, 2008 at 6:23 am
So far I haven’t seen much evidence or even suggestion that the Democratic leadership is at all interested in using that authority.
August 1st, 2008 at 9:31 am
Swan,
That happens a lot. Just give it 20-30 seconds, then refresh or go to another page.
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