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ACLU tells congress to “get with it”
With the departure of Alberto Gonzales, there have been few developments in the congressional investigation into whether nine U.S. attorneys were improperly fired last year for failing to hasten investigations into Democrats or aggressively pursuing Republicans.
Same is true for the congressional investigations into the legal justification for the Bush administration to bypass the Foreign Intelligence Surveillance Act and wiretap suspected terrorists in America without a warrant.
But wait no further. The American Civil Liberties Union is pressing Congress to move forward with contempt proceedings against White House officials who have steadfastly refused to cooperate with subpoenas seeking testimony and records related to the investigation.
The ACLU is also reminding Congress about the limits of executive privilege and its role in holding the White House accountable.
“Many presidents have overreached by claiming executive privilege to hide documents and witnesses from public oversight, and each time Congress has slapped their hands,” said Caroline Fredrickson, director of the ACLU’s legislative office. ”Today’s Congress must do the same if it wishes to operate as a meaningful and equal branch of government.”
Ouch, Congress.
The courts have long held that executive privilege is not absolute, and even where it applies it can be overcome if the other branches of government can show they need the information. Congress has significant legislative and oversight interests in the warrantless wiretapping program because it is currently considering legislation to make the president’s surveillance program permanent in a fix to the 1978 Foreign Intelligence Act.
“The federal courts have long held that Congress has the authority not only to pass laws, but investigate their implementation,” Fredrickson said. “Congress is facing a historic moment where it can either fight for its rightful place in our constitutional system of government or accept the president’s continued and sweeping claims of supremacy. It’s do or die time for the separation of powers.”
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