So Sara Taylor divulged all sorts of “privileged” interactions with her boss the President, yet cited an “Executive Privilege” letter from Fred Fielding whenever the questions got tough. Even Arlen Specter says that the White House as a whole is in contempt of Congress (he’d like to leave it at that, with a hollow complaint). But Harriet Miers, subpoenaed to appear tomorrow in the House, is saying that she will not appear and your media, whose official job is to tell you the truth, is acting as if this is unremarkable and routine. Well let me set something straight here.
NO PRESIDENT IN US HISTORY HAS EVER SUCCESSFULLY ORDERED A WITNESS NOT TO APPEAR IN PERSON WHEN UNDER SUBPOENA.
And Miers is saying that she’s been ordered not to appear.
You heard it here, you’re not going to see it anywhere else. Not only do I want you to blame and distrust your media for lying to you, I am in fact asking for some credit here when proven right.
UPDATE See this letter from Conyers and Sanchez that backs up the assertion I’m making above. This is a serious showdown, not just the same old bluster from Bush followed by hollow outrage from Democrats.
We are aware of absolutely no court decision that supports the notion that a former White House official has the option of refusing to even appear in response to a Congressional subpoena. To the contrary, the courts have made clear that no present or former government official – even the President – is above the law and may completely disregard a legal directive such as the Committee’s subpoena. In fact, both present and former White House officials have testified before Congress numerous times, including both then-serving and former White House counsel. For example, former White House Counsel Beth Nolan explained to our Subcommittee that she testified before Congressional committees four times, three times while serving as White House counsel and once as former White House counsel. A Congressional Research Service study documents some 74 instances where serving White House advisers have testified before Congress since World War II.
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A refusal to appear before the Subcommittee tomorrow could subject Ms. Miers to contempt proceedings, including but not limited to proceedings under 2 U.S.C. § 194 and under the inherent contempt authority of the House of Representatives.
What is the “inherent contempt authority” about? It’s the authority to arrest witnesses who refuse to appear, using the Sergeant at Arms.
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