by Glynn Wilson

U.S. House Judiciary Committee Chairman John Conyers and the House of Representatives took concrete steps in the first days of the 111th Congress to ensure a continuation of ongoing investigations of the Bush administration, specifically torture of detainees, warrantless wiretapping, and for politicizing the Department of Justice by firing independent prosecutors and wrongly prosecuting Democrats.

The details are just beginning to emerge on the House Judiciary Committee Website, but stories in the Las Vegas Sun, the TPMMuckraker, and Consortium News show that at least some members of Congress are not ready to move on and let bygones by bygones when it comes to potential crimes by Bush administration officials.

Conyers introduced a bill calling for a National Commission on Presidential War Powers and Civil Liberties that will establish a “blue ribbon commission” comprised of experts outside government service to investigate the broad range of policies of the Bush years, “undertaken by the Bush administration under claims of unreviewable war powers,” according to the press release.

Also, as part of a routine package of rules governing the opening of the new Congress, the House agreed to continue the lawsuit it brought last year after President George W. Bush’s former officials ignored subpoenas to produce documents and appear before the House Judiciary Committee. The action shows that the coming of a new Congress won’t stop House leaders from continuing their long-running effort to obtain documents and testimony about the U.S. attorney firings from White House Chief of Staff Josh Bolten, former White House counsel Harriet Miers, and especially former Bush political aide Karl Rove.

Democratic Rep. Shelley Berkley of Las Vegas, primarily interested in the case of the firing of Nevada’s former U.S. Attorney Daniel Bogden in the U.S. attorneys scandal, said the move by the Democratic-controlled House is an assertion of congressional authority after several years of what scholars see as executive branch overreach by the Bush administration.

“A very fine U.S. attorney from the state of Nevada was unceremoniously removed for no reason –- I would like to know why, I would like it to be made public and I would like those responsible punished,” Berkley said. “By passing this rule we have assured this will be done.”

There is no word from Birmingham Rep. Artur Davis on where he stands on the investigation of the political prosecution of former Alabama Governor Don Siegelman, although he told me for a story last month: “I’ll let John Conyers decide what to do about that.”

It looks like Montgomery Independent editor and publisher Bob Martin is finally catching up on his post-holiday reading, since an editorial published online today shows that he is now echoing our reporting from last month on a potential Davis candidacy for governor.

Siegelman said in an e-mail response he’s heard nothing from the House Judiciary Committee on the investigation of his case. But he said, “I trust John Conyers. He has been in Congress longer than most.”

Democratic Party activists have feared for the past few months that the new Obama administration might “turn the other cheek,” so to speak, and not take the time and effort to look back at the Bush administration’s legal failures. A wide array of groups, including the “aggressive progressives” at Democrats.com, have kept up the pressure on Conyers and others to hold the administration accountable, especially Karl Rove, who is still in defiance of a Congressional subpoena to testify in Siegelman’s case.

With a New Day Dawning in D.C., Will Rove Escape Justice?

We have messages in to the House Judiciary Committee press office and Davis’s press office. We’ll add more to this story if and when we hear back.

The mainstream, corporate news media in Alabama still shows a serious deficiency in covering this story, although one Associated Press reporter in D.C. has weighed in a few times. Most other political blogs in Alabama also seem to completely ignore this story and its implications, with the exception of Roger Shuler at the Legal Schnauzer blog.

by Glynn Wilson

Update: Scratch that. The hearing has been postponed due to the seventh anniversary of 9/11 and the memorial dedication.

The United States House Judiciary Committee has scheduled a hearing of the Subcommittee on Commercial and Administrative Law Thursday at noon in the “continuing investigation into the U.S. attorneys controversy and related matters,” according to the committee’s Website.

According to the TPMMuckraker, the committee will consider a citation for contempt for Bush’s Attorney General Michael Mukasey Wednesday “for his failure to supply documents in accordance with the subpoena” issued in late June.

At the Democratic National Convention a couple of weeks ago, former Alabama Governor Don Siegelman pleaded with Colorado’s congressional delegation to vote to hold Karl Rove in contempt of Congress before it adjourns for the year, and House Speaker Nancy Pelosi reportedly said she would work to bring the issue up for a vote in the full House.

But informed sources who have watched this Congress in action for the past two years since the Democrats took back control as the majority in the 2006 midterm elections are not sure there is the will or the votes in an election year to uphold the law.

Chances are the Democratic leadership will poll members of Congress and find out they do not have enough votes to sustain a vote of contempt for Rove, and they will make an announcement to that effect. Alternatively, if they see political capital to be gained from forcing a vote of the full House, they may bring the issue to a vote, even if it seems destined to lose, just so that members of Congress who are sworn to uphold the law will be on the record voting not to uphold the law.

The committee voted 20-14 to hold Rove in contempt on July 30, for failing to respond to a subpoena to testify under oath before the committee. He has been accused of manipulating the Bush Justice Department for political purposes, including having a hand in the prosecution of Siegelman.

And there is ample, sworn evidence for this, as we have reported time and again. North Alabama attorney Jill Simpson signed a sworn affidavit to that effect last May, and testified under oath before the House Judiciary Committee legal staff one year ago, last September. And she has called on Pelosi to hold Rove in “inherent contempt.”

Birmingham attorney Doug Jones also testified under oath before the full committee that there is “no doubt” Siegelman’s case was “political.” Rep. Artur Davis, the Birmingham Democrat and a member of the House Judiciary Committee, has said the same.

According to Montgomery attorney Priscilla Duncan, who represents Ms. Simpson, if the full House doesn’t vote to hold Rove in contempt, there will be no reason for any American citizen to pay heed to a subpoena from Congress.

“The House has a duty to us as citizens to uphold the Constitution. If the members don’t have the spine to vote upholding the authority of their own subpoenas, they should be shamed from office,” Duncan said. “Karl Rove hasn’t been granted any executive immunity from the President in the Siegelman investigation. This is a no-brainer.”

If the House fails to follow up on this action, it will be a travesty of justice, for sure. I mean what is the job of a member of Congress if not to uphold the law? This is especially true as it relates to enforcing subpoenas to enforce Constitutional checks and balances to hold one branch of government, the executive, accountable to another, the legislative. That is their prime Constitutional directive.

“The full House must vote on the Rove contempt citation ASAP,” Siegelman said in response to an e-mail Wednesday morning while he was on his way to Tennessee to meet with former Vice President Al Gore and others.

Our editorial position is this: Any member of Congress who fails to support that effort should be impeached and removed from office. It is their duty according to their sworn oath to uphold the law and the Constitution.

Plus, if the Democrats in Congress don’t do something to weaken Karl Rove right now, he will continue to play a destructive role in the McCain-Palin campaign for president. What better way to get him out of the way for the next two months? Confiscate his little Blackberry and his cell phone and put his lying, spinning, pasty white ass in jail for contempt!

And for any other bloggers or media outlets lurking here, you can quote me on that!

Don Siegelman Agrees

by Glynn Wilson

Alabama attorney and GOP whistleblower Jill Simpson is calling on House Speaker Nancy Pelosi to allow a vote in the full House of Representatives on “inherent contempt” for former Bush political aide Karl Rove.

In light of the Judiciary Committee’s vote Wednesday finding him in contempt of Congress for refusing to testify under oath about his involvement in the political prosecution of former Alabama Governor Don Siegelman and the politicization of the Department of Justice, Ms. Simpson said in an exclusive interview it would be “useless” to turn the case over to the Bush Justice Department.

If the House simply finds Rove in “statutory contempt,” the case will just be turned over to Attorney General Michael Mukasy, she said. And his office has shown time and again that he is not interested in finding out the truth and holding former White House officials responsible under the law, including Harriet Myers and Josh Bolton.

“The time is now,” Ms. Simpson said. “Ms. Pelosi promised when she took over the House after the 2006 elections to clean up. It’s time for her to clean the White House for thumbing their noses at Congress.”

Ms. Simpson says she feels akin to the 127,000 people who signed a petition calling on Congress to send Karl Rove to jail, she said, and she thinks the House should use the Sergeant at Arms to arrest him. Inherent contempt and the Sergeant at Arms have been rarely used in American history, she said, “because most people don’t thumb their noses at the United States Congress.”

“Mr. Rove has repeatedly thumbed his nose at the U.S. Congress, and he should have respect for the Constitution and the Congress,” she said. “The time has come to stop this.”

The Judiciary Committee voted 20-14 Wednesday to hold Rove in contempt of Congress for failing to respond to a subpoena to testify under oath before the committee.

“This is a constitutional crisis when the White House can just say we are not going to testify if we don’t want to,” Ms. Simpson said. “The Department of Justice has repeatedly NOT stood up for the Constitution and that only leaves Congress.”

She agreed to go to Washington to testify last year, she said, because she considered it a civic duty.

“Karl Rove should see it as a civic duty too,” she said. “Instead, he prefers to run around the country thumbing his nose at the Constitution.”

Ms. Simpson commended Linda Sánchez, D-Calif., the chairwoman of the Commercial and Administrative Law subcommittee, along with committee chairman John Conyers and Birmingham Rep. Artur Davis, “for their valiant efforts to restore the integrity of the Constitution of the United States,” she said. “They need to do a thorough, to-the-bottom-of-the-bucket investigation. Otherwise there is going to be a revolt.”

Rove is claiming he has White House executive privilege, she said, “but that sure as heck doesn’t prevent him from spouting off his mouth everywhere he goes.”

“Rove thinks because he is an elite political operative no longer serving in government that he is above the law,” she said. “He thinks he is the law.”

“Furthermore,” she said, “President George W. Bush should want to get to the bottom of the story for his own legacy.”

While everyone’s attention is focused on Rove’s role in manipulating the Justice Department, perhaps they are ignoring an in-the-loop role by members of the Bush family as well. After all, isn’t Rove just a political operative who takes orders from the people he works for?

“George Bush owes a duty to the citizens of the Unites States to ask that his employees testify, if he really wants to heal the problems at the Department of Justice,” she said. “This is directly going to affect his legacy.”

In reacting to the story today, Don Siegelman said in an e-mail message: “I have always said I believe Jill Simpson. She is an American hero.”

Siegelman said the Texas Republican and ranking minority member of the committee, Rep. Lamar Smith, has made false statements himself, along with Rove in his written responses to the committee last week.

“We must encourage the full House to vote yes,” Siegelman said. “To do otherwise would advance the cause of this corruption of the DOJ and make it more likely to happen again.”

Rove didn’t even deny the central sworn allegation against him, that he and Bill Canary conspired to advance the prosecution against me by Canary’s wife,” Siegelman said.

Karl Rove and George Bush could not be reached for comment.

The United States House Judiciary Committee voted 20-14 Wednesday morning to hold former Bush political adviser Karl Rove in contempt of Congress for failing to respond to a subpoena to testify under oath before the committee.

In a memo on the full committee meeting, Chairman John Conyers, the Michigan Democrat, summarized the facts surrounding Rove’s refusal to appear before the committee and assert executive privilege, according to the TPMMuckraker.

Mr. Rove has refused even to appear before the Committee and assert whatever privileges that he believes may apply to his testimony, relying on excessively broad and legally insufficient claims of “absolute immunity” — never recognized by any court — in declining to appear.

According to the Associated Press, the voting was largely along party lines. The committee says Rove broke the law by failing to appear at a July 10 hearing on allegations of White House influence over the Justice Department, including whether Rove encouraged prosecutions against Democrats.

The committee decision is only a recommendation, according to AP, and it was unclear whether Speaker Nancy Pelosi would allow a final vote in the full House.

Rove has denied any involvement with Justice Department decisions, but not under oath, and the White House has said Congress has no authority to compel testimony from current and former advisers, although it is still unclear why Rove would claim executive privilege for discussing the case with the president — unless he discussed the case with the president, and Bush was fully in the loop.

So far activists and bloggers have focused their sites on getting Rove arrested, perhaps to weaken his influence in the upcoming election. But they have failed to realize that Bush was in the loop.

It will be interesting to see how the House tries to enforce its contempt charge, since it has no police powers, except perhaps for the Sargent at Arms, which has never been used to make an arrest of this kind.

Check back often to the LFJ for more details on how this case will proceed, including more details proving president Bush was in the loop in the Siegelman case.

Meanwhile, TPMM is also reporting that Bush Justice Department inspector general Glenn Fine, testifying this morning before the committee, said Rove aide Scott Jennings was the only White House official he sought to interview for his report released Monday.

“Why were no others at the White House questioned?” Sen. Arlen Spector, R-Penn., asked.

“From the evidence that we had, both emails and discussions, we did not see that others were involved in this process, and we questioned the person who was involved,” Fine said, referring to the partisan screening of prospective judges and career prosecutors.

Fine said he did not believe any of the misconduct described in his 140-page report, released Monday, called for criminal prosecution for false statements.

“We looked at that and clearly in our judgment and in the judgement of prosecutors who have been working on this case, we do not think there was a sufficient basis for a criminal prosecution for false statements,” he said.

BS.