[Dean's World] Aziz P: Impeach

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Posted by Aziz P:
Impeach
http://www.deanesmay.com/posts/1184352237.shtml


   In a nutshell, the White House argues that Harriet Miers is immune to
   subpoena. Why? Because of executive privilege related to a matter -
   the firing of US attorneys - which the president has already clearly
   stated that she was not involved in. How can executive privilege
   apply?

   Let's also note that Miers is the former counsel, not the present
   counsel. Its rather novel to claim that a private citizen can be
   "ordered" not to comply by the president.

   NO ONE is immune to Congressional subpoena power. No one.

   This isn't about the attorney firings for me. It's about the way in
   which the Administration consistently thwarts any atempt at checks and
   balances. The only constitutional mechanism of oversight remaining
   therefore is impeachment; so I say proceed.

   The Constitution does explicitly spell out powers of each branch, but
   nowhere does it explictly state that these powers are separated or
   unique. In other words, the separation of powers is implicit, not
   explicit.

   It is worth noting that President Andrew Jackson had a [1]subpoena
   showdown with Justice Marshall and also tried to claim executive
   privilege. The issue was related to the treason trial of Aaron Burr. I
   note without irony that Jackson was impeached.

References

   1. http://www.law.umkc.edu/faculty/projects/ftrials/burr/burraccount.html