August 21, 2007 - ThinkProgress.org
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.
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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