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Friday, April 20, 2007

The new definition of executive privilege
Posted by Jill | 6:37 AM
Executive privilege now is defined as "Anything that would get us into trouble if released." It's not surprising that the Bush Administration is now claiming executive privilege on the e-mails that Karl Rove sent through the Republican National Committee e-mail system to evade archiving requirements, but it's breathtakingly galling nonetheless:

A White House official today again raised the possibility of an executive-privilege claim on e-mails and other documents from private e-mail accounts used by senior White House officials but controlled by the Republican National Committee.

In a letter to Robert Kelner, the RNC's counsel, Emmet Flood, a special counsel to President Bush, reiterated the desire of the White House to review any materials it is considering turning over the House Judiciary Committee before doing so.

Flood said the Judiciary Committee is seeking "relating to communications authored by Executive Branch officials in which there exists a clear and indisputable Executive Branch interest," including e-mails from Karl Rove and other White House officials related to the firing of eight U.S. Attorneys last year.

Flood said the White House wants to review the documents to determine if "any materials implicating the Presidential Records Act are, in fact, involved," as well as whether "the Executive Branch may need t take measures necessary to protect its other legal interests in communications responsive" to the Judiciary Committee's request to the RNC.

Rep. John Conyers (D-Mich.), chairman of the Judiciary Committee, immediately criticized the Flood letter to the RNC as an attempt by the White House to delay his panel's investigation.

"The White House's position to clear all RNC emails before they can respond to our request is extreme and unnecessary," Conyers said. "This is a clear attempt, on the Administration's part, to delay this process and keep the wheels of Justice turning slowly."

22 current White House officials, including Karl Rove, deputy chief of staff and President Bush's top political advisor, have private e-mail accounts on RNC servers that are supposed to be used for political work. Democrats, in investigating the U.S. Attorney purge, as well as contacts between Bush administration officials and imprisoned former lobbyist Jack Abramoff and other incidents, found that some White House officials may be using the RNC accounts to avoid the Presidential Records Act, which requires the president and his top aides to retain records of all official actions.

The probe of the RNC accounts led to the further revelation that the White House may have lost as many as 5 million official e-mails thanks to a software malfunction, although the White House says is may be able to recover these messages and has told Democrats that it will consult them in appointing a forensic expert to handle the effort.


The fact that we've been waiting for them to try to pull a stunt like this is bad enough, but that they actually believe that executive privilege extends to attempts like this to avoid accountability ought to finally show Congressional Democrats that this is an administration that cares not one whit for the rule of law, for the U.S. Constitution, nor for any construct of good government as we know it. People like me have known since 2002 that this was the nature of the bunch of criminals who occupy the executive branch. It's taken far too long for Democrats (*cough* John Kerry *cough*) to understand that they are dealing not with an opposition party, but with a syndicate of criminals. If they don't get it now, they never will.

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