In both the Plame case and the attorney firing case (indeed, throughout his administration), Bush has used the power of his office to impede investigations that might lead to anyone in his administration. Once again, he has used that power to prevent Congress from on-the- record testimony from two of his former aides.
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President Bush used executive privilege to deny access to the testimony of two former aides who Congress wants to talk to about the firing of federal prosecutors.
Headline NewsFindLaw defines obstruction of justice thusly:
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the crime or act of willfully interfering with the process of justice and law esp. by influencing, threatening, harming, or impeding a witness, potential witness, juror, or judicial or legal officer or by furnishing false information in or otherwise impeding an investigation or legal process.
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The courts have recognized a president’s limited right to keep the White House’s internal deliberations private. But it is far from an absolute right, and Mr. Bush’s claim of executive privilege in the attorneys scandal is especially ludicrous. The White House has said repeatedly that Mr. Bush was not involved in the firings of nine United States attorneys. If that’s true, he can hardly argue that he has the right to conceal conversations and e-mail exchanges that his aides had with one another and the Justice Department.
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If the White House continues to defy Congress, the Senate and the House could file criminal contempt charges. It’s a strong measure, but lawmakers should not be afraid to take it, as they have done 10 times since 1975 under both parties.
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In the same convention George Mason argued that the President might use his pardoning power to "pardon crimes which were advised by himself" or, before indictment or conviction, "to stop inquiry and prevent detection."
James Madison responded:
[I]f the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty..
Daily Kos Is Bush abusing the power of executive privilege? Why or why not?
Is Bush himself obstructing justice by using executive privilege to keep those in his administration from testifying? Why or why not?
Should the Senate and House file criminal contempt charges against the president? Why or why not?