"Karl Rove's Contempt For Congress Continues"

Former White House adviser Karl Rove defied a congressional subpoena and refused to testify Thursday about allegations of political pressure at the Justice Department, including whether he influenced the prosecution of a former Democratic governor of Alabama.

Rep. Linda Sanchez, chairman of a House subcommittee, ruled with backing from fellow Democrats on the panel that Rove was breaking the law by refusing to cooperate — perhaps the first step toward holding him in contempt of Congress.

The White House has cited executive privilege as a reason he and others who serve or served in the administration should not testify, arguing that internal administration communications are confidential and that Congress cannot compel officials to testify. Rove says he is bound to follow the White House's guidance, although he has offered to answer questions specifically on the Siegelman case — but only with no transcript taken and not under oath.

Lawmakers subpoenaed Rove in May in an effort to force him to talk about whether he played a role in prosecutors' decisions to pursue cases against Democrats, such as former Alabama Gov. Don Siegelman, or in firing federal prosecutors considered disloyal to the Bush administration.

Rove had been scheduled to appear at the House Judiciary subcommittee hearing Thursday morning. A placard with his name sat in front of an empty chair at the witness table, with a handful of protesters behind it calling for Rove to be arrested.

A decision on whether to pursue contempt charges now goes to the full Judiciary Committee and ultimately to House Speaker Nancy Pelosi.

House Republicans called Thursday's proceedings a political stunt and said if Democrats truly wanted information they would take Rove up on an offer he made to discuss the matter informally.

Democrats have rejected the offer from Rove to talk with them informally because the testimony would not be sworn and, they say, could create a confusing record.

Rove has insisted publicly that he never tried to influence Justice Department decisions and was not even aware of the Siegelman prosecution until it landed in the news.

Siegelman — an unusually successful Democrat in a heavily Republican state — was charged with accepting and concealing a contribution to his campaign to start a state education lottery, in exchange for appointing a hospital executive to a regulatory board.

He was sentenced last year to more than seven years in prison but was released in March when a federal appeals court ruled Siegelman had raised "substantial questions of fact and law" in his appeal.

Siegelman and others have alleged the prosecution was pushed by GOP operatives — including Rove, a longtime Texas strategist who was heavily involved in Alabama politics before working at the White House. A former Republican campaign volunteer from Alabama told congressional attorneys last year that she overheard conversations suggesting that Rove pressed Justice officials in Washington to prosecute Siegelman.

The career prosecutors who handled Siegelman's case have insisted that Rove had nothing to do with it, emphasizing that the former governor was convicted by a jury.

Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. While historically the bribery of a Senator or Representative was considered "contempt of Congress," in modern times a person must refuse to comply with a subpoena issued by a Congressional committee or subcommittee - usually seeking to compel either testimony or documents - in order to be considered in "contempt of Congress."

In 1821, the Supreme Court issued its decision in Anderson v. Dunn, which held that Congress' power to hold someone in contempt was essential to ensure that Congress was "... not exposed to every indignity and interruption that rudeness, caprice, or even conspiracy, may mediate against it." The historical interpretation that bribery of a Senator or Representative was considered contempt of Congress has long since been abandoned in favor of criminal statutes. In 1857, Congress enacted a law which made "contempt of Congress" a criminal offense against the United States.

Following the refusal of a witness to produce documents or to testify, the Committee is entitled to report a resolution of contempt to its parent chamber. A Committee may also cite a person for contempt but not immediately report the resolution to the floor. In the case of subcommittees, they report the resolution of contempt to the full Committee, which then has the option of rejecting it, accepting it but not reporting it to the floor, or accepting it and reporting it to the floor of the chamber for action. On the floor of the House or the Senate, the reported resolution is considered privileged and, if the resolution of contempt is passed, the chamber has several options to enforce its mandate.

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation.)

In the United States government, executive privilege is the power (reserve power) claimed by the President of the United States and other members of the executive branch to resist certain search warrants and other interventions by the legislative and judicial branches of government. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.

The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a "sufficient showing" that the "Presidential material" is "'essential to the justice of the case.'"(418 U.S. at 713-14). Chief Justice Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns.

     Former Presidential advisor Karl Rove and the Bush Administration continues to show contempt for Congress and "the rule of law", by ignoring a subpoena to appear before a U.S. congressional subcommittee Thursday, citing executive privilege. The evidence is compelling that the US Justice Dept. under former Attorney General, Alberto Gonzales, acted strictly for political reasons in the firings of several federal attorneys and the prosecution of a former Alabama Democrat governor. A politicized Justice Department is not in the interests of  America and is in fact a crime. Congress has every right to investigate this matter and possibly bring Contempt Of Congress charges against Karl Rove for not formally cooperating with this Congressional investigation. The Bush Administration invoking "executive privilege" in this matter is bogus, in my opinion, as this issue does not involve national security. The $64,000 question is will House Speaker Nancy Pelosi squash this very legitimate Congressional investigation and ultimately protect Karl Rove from Contempt Of Congress charges, in the same manner she has protected President Bush and Vice president Cheney from impeachment charges? As I see, this nation needs a new Constitution and "rule of law" upholding Congress, much more than a new President, who will, in all probability, succumb to the expanded executive powers of the President carved out by George W. Bush. Unconstitutional Presidential power corrupts and breeds contempt for Congress and "the rule of law", in my opinion.

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