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Leahy: Cheney Told GOP-Led
Congress It Was ‘Not Allowed To Issue Subpoenas’
Think
Progress
Tuesday Aug 21, 2007
Today in a press briefing, Sen. Patrick Leahy (D-VT) revealed
that the White House had missed its 2:30 PM deadline to turn over
documents to the Senate Judiciary Committee regarding legal justifications
for the National Security Agency’s eavesdropping program.
The Committee had already pushed
back the original July 18 deadline twice after the White House
requested more time.
Leahy said that the administration’s stonewalling amounted
to “contempt of the valid order of the Congress,”
and pointed out that these subpoenas were passed by broad bipartisan
votes. In fact, the Senate Judiciary Committee in the conservative-led
109th Congress, chaired by Sen. Arlen Specter (R-PA) also attempted
to ask questions about the program’s legal justifications.
But Vice President Cheney personally barred him from issuing subpoenas:
In fact, we were about to issue subpoenas then and one of the
senators came to our meeting and said that the vice
president had met with the Republican senators and told them
they were not allowed to issue subpoenas.
Not quite sure that’s my understanding of the separation
of powers, but it seemed to work at that time.
(Article continues below)
Watch it:
Leahy also said that while he didn’t receive the requested
documents, he did receive “a letter this morning from the
Office of the Vice President identifying some documents that would
be responsive to the committee’s subpoena.” In the
letter, the administration claims the Office of the Vice President
is not part of the Executive Office of the President.
Leahy responds, “Well, that’s wrong. … [O]h,
incidentally, at least this morning, as I left Vermont, I checked
the White House
Web site. And even their own Web site, this morning, at least,
says that the Executive Office — that the vice president
is part of the Executive Office of the President.”
Digg
It!
Transcript:
LEAHY: The administration’s failure to comply with the
Judiciary Committee’s subpoena for its legal analysis
gives me as chairman very, very little comfort.
I received a letter this morning from the Office of the Vice
President identifying some documents that would be responsive
to the committee’s subpoena.
Now, the acknowledgement of these documents is a good first
step. I don’t know why it’s taken so long, but it’s
a good first step. And it should be followed by the administration
turning them over which, of course, is what we requested in
the subpoena.
I’ve worked in good faith with this administration. I
first sought this information voluntarily. I accommodated a
request for time.
But when the request for more time was simply followed by delay
upon delay, we issued subpoenas in a bipartisan vote. And even
then, when the subpoenas weren’t followed through, we
gave them more time.
The time is up. The time is up. We’ve waited long enough.
Incidentally, in the administration’s response today,
they claimed the Office of the Vice President is not part of
the Executive Office of the President. So it’s some kind
of fourth branch of government.
Well, that’s wrong. Both the United States Code says
it is part of the president — oh, incidentally, at least
this morning, as I left Vermont, I checked the White House Web
site. And even their own Web site, this morning, at least, says
that the Executive Office — that the vice president is
part of the Executive Office of the President.
+++++
QUESTION: What is your next step to ensure this? What’s
your next step?
LEAHY: Well, I had hoped that by now they would have answered.
They haven’t. When the Senate comes back in the session,
I’ll bring it up before the committee. I prefer cooperation
to contempt. Right now, there’s no question that they
are in contempt of the valid order of the Congress.
QUESTION: Is your impression they’re dragging their feet?
LEAHY: Well, you know, a lot of these questions were asked
by the former chairman a couple years ago, and we haven’t
gotten an answer.
In fact, we were about to issue subpoenas then and one of the
senators came to our meeting and said that the vice president
had met with the Republican senators and told them they were
not allowed to issue subpoenas.
Not quite sure that’s my understanding of the separation
of powers, but it seemed to work at that time. Now have an issue.
And interestingly enough, I pointed out that every single one
of these subpoenas, they have been issued by a bipartisan vote.
There have been no close votes on them.
So I would hope they’d do it. And, if not, the full Judiciary
Committee will have to sit down and determine whether to seek
contempt from the full Senate.
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