Attorney General: Cheney Interview Protected by Executive Privilege

[sabra]

Source: LAW.COM

The president may assert executive privilege to withhold from Congress records of an FBI interview with Vice President Dick Cheney regarding the leak of CIA agent Valerie Plame's identity, the attorney general concludes in a legal opinion released Monday.

The House Oversight and Government Reform Committee subpoenaed the records as part of its long-running investigation into what roles, if any, President George W. Bush, Cheney and their aides may have played in the leak.

Attorney General Michael Mukasey warned that, were the records turned over, White House officials would be less likely to cooperate in future investigations out of fear that their words would become public, forcing the department to rely on grand jury subpoenas instead. "I am greatly concerned about the chilling effect that compliance with the Committee's subpoena would have on future White House deliberations and White House cooperation with future Justice Department investigations," Mukasey wrote in the opinion, which is dated July 15.

In a July 8 letter, Committee Chairman Henry Waxman, D-Calif., threatened to cite Mukasey with contempt of Congress for withholding the records.

...

In Cheney's case, the records are protected by the law enforcement component of executive privilege, Mukasey said. Even though the investigation has run its course, disclosing the records would raise "serious separation of powers concerns related to the integrity and effectiveness of future law enforcement investigations," Mukasey wrote. "I have a general concern about the prospect of committees of Congress obtaining confidential records from Justice Department criminal investigative files for the purpose of addressing highly politicized issues in public committee hearings."

Read more: http://www.law.com/jsp/article.jsp?id=1202427076527&pos=ataglance

[Ilsa]

1. Well of course. It's fucking Mukasey. Soooo predictable.

I can't wait until 1/20/09. Thanks for posting.

[Xipe Totec]

2. So the current corrupt attorney general opines.

Three weeks from now, the world will change.

[bertman]

7. It pains me greatly to say this, but I doubt it will change much given that our Pres-elect

wants to "move forward" and our new almost-AG has a very substantive corporate background. But we'll see. If it takes much time to confirm Holder that just gives BushCo time to "lose" the interview transcript.

[orleans]

9. those who refuse to acknowledge the crimes of the past are destined to repeat them

or something to that effect.

[truedelphi]

19. I am sad that what you are saying is true. sigh n/t

[NashVegas]

26. At This Point, It Would Be Meaningless

Unless there was intention and resolve, behind the scenes, to put them in jail.

When I think of this administration's popularity both at home and abroad, it comes to mind that the only reason we haven't been attacked by China or Russia is they need our economy to stay humming as much as we do.

[Thor_MN]

3. Dick has asserted that he is not part of the Executive Branch

when it suited his purposes, so I maintain that he has no executive privilege.

[freesqueeze]

4. "executive privilege"

can anyone give an honorable use of this get-out-of-jail nonsense?

Does it have any use for honest people? Has it ever?

[LakeSamish706]

5. One more reason that PE Obama's Justice Department cannot turn...

a blind eye to the crimes of the current Admin. They need to get right at it from day one and set up a separate Department to fetter out those crimes if necessary.

[bertman]

8. Whatever the Justice Department ferrets out will be at the new Prez' mercy to prosecute.

I'm not holding my breath.

Alfredo has the right idea, but again, I wonder if President Obama could block prosecution of Bush/Cheney by the Hague. You know, for the good of the country, moving forward and all.

[LakeSamish706]

13. I agree, I think our best hope will be with the International courts.. I would be happy to see

them at the Hague.

[alfredo]

6. I'm sure the Hague will be impressed.

[Baby Snooks]

12. The Hague?

The United States is not a signatory to the International Court of Justice and so it doesn't have to answer to it. There will be no Nuremberg.

[LiberalFighter]

15. I don't recall Germany being a signatory to anything connected to Nuremberg.

[alfredo]

18. I think they stopped short from granting bush and his junta immunity.

[RUMMYisFROSTED]

21. Weird, since it was signed in San Francisco.

And Thomas Buergenthal(US) sits on the court until 2015.


:shrug:

[Baby Snooks]

10. "Violating the law is not a criminal act..."

Keep in mind that this Attorney General has stated that violating the law is not a criminal act. For the obvious reason.

[orleans]

11. but crash cart is not the fucking "president"

executive privilege MY ASS!

THAT FREAK SHOW IS NOT THE FUCKING "EXECUTIVE"

[IndianaGreen]

14. Thanks to the appeasers, the Vichy Democrats DiFi and Schumer

the nazi pig Michael Mukasey got to be Attorney General of the United States.

[bertman]

16. Amen!

[trthnd4jstc]

17. The Executive Privilege of Having Shoes Thrown at Him. n/t

[robinlynne]

20. That's what you are deeply concerned about you fucker?

[Moochy]

22. Damn that Chilling Effect of Law on Illegal Activities!

[Winterblues]

23. I would think the "Executive Privilege" would have to come before testimony

Once he submitted to testimony it would seem logical that he abandoned his claim...The whole idea of Executive Privilege is so they don't have to testify....Once the testimony is in the books it becomes public property..

[No Elephants]

24. When is the AG's office going to grasp that its only client is the People of the United States not

the POTUS and his or her admin?

Executive Privilege was a very limited thing until Eisenhower broadened it to protect his administration from his fellow Republicans, Edgar Bergen and Charlie McCarthy. Um, make that J.Edgar Hoover and Joe McCarthy.

The White House has never looked back, especially when occupied by a Republican. (Nixon, Dummya, etc.). However, that does not mean the AG should become an accomplice in protecting the President from the AG's only client, the American people, via this over inflated bogus "privilege."

[Seedersandleechers]

25. No fucking shit

surprise, surprise, surprise.