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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Thursday, March 05, 2009

Decision on Rove/Miers Testimony

And Also: LGM has more on that federal drug pre-emption case decided by the Supremes, including Breyer's pro-business side, and Thomas actually being consistent (up to a point) on federalism.


"I have long said that I would see this matter through to the end and am encouraged that we have finally broken through the Bush administration’s claims of absolute immunity. This is a victory for the separation of powers and congressional oversight. It is also a vindication of the search for truth. I am determined to have it known whether U.S. attorneys in the Department of Justice were fired for political reasons, and if so, by whom."

-- Rove and Miers Will Testify (and More Docs released)

TPM, of course, provided yeoman work on this issue. David Iglesias also wrote a good book that puts a human face on it, In Justice. The political firings were problematic on various grounds, putting aside possible civil and criminal wrongdoing. A reporter on Rachel Maddow yesterday suggested that only David Iglesias' firing was clearly problematic. This is wrong. John McKay, wrote a telling law review article ("Train Wreck at the Justice Department: An Eyewitness Account," The Seattle University Law Review, cited in the book) underlining that multiple firings raises serious questions, some of a criminal nature.

The agreement btw allows them to avoid being under oath, but notes they still will be liable if they lie -- the oath requirement presumably makes the crime more serious, but you cannot lie to a federal investigator (as Libby realized) or Congress either way. A point sometimes ignored in press coverage. Also, it will not be televised. This is acceptable (we are not just concerned with political theater here, honestly), though it should be taped, to avoid disagreements on the transcript (that is, at least audiotaped). Finally, the release of the documents is of particular importance, and will delay the questioning while they are examined.

Let us not forget that the district court ruling that went against Miers et. al. remains on the books, another important precedent. As to the details, TPM obtained them, and I'll see how it goes to determine if the Dems gave up too much. Given what is at stake -- including possible civil or criminal wrongdoing -- immunity and the like should not be a justification (or excuse) to inhibit the investigation. In fact, even saying "fired for political reasons" sounds a bit too unimportant, as if we are not talking about the rule of law, but politics alone.

We are dealing with both.