Bush, Gonzales and Firing of US Attorneys

Rizwan Ghani
After House subcommittee, Senate Judiciary Committee has been authorized to issue subpoenas to White House aides including Karl Rove for fuller disclosure of details leading to firing of 8 US attorneys, of which six were engaged in corruption cases against Republicans. Sen. Leahy chairing the committee wants Bush advisers to answer questions publicly, under oath, and provide in-house documents, not just communications between White House and non-West Wingers.

Bush has refused to allow his aides testify under oath. He says he's defending the executive branch from encroachment by overzealous lawmakers and needs to make sure that he and the presidents who follow him have the chance to get confidential advice from advisers. Bush’s push to save his aides and strengthen the powers of the presidency and clamp down on public disclosure is most likely to fail on two counts and in the process he is carving his own fate that in all probability will end with his impeachment. Because he is picking too many battles simultaneously that are fast turning him into a political liability for his party.

Bush’s compromise offer (private testimony, no oath and no transcript) described by his aides as take-it-or-leave- it to resolve the firing issue may not be the last word. If viewed from the historic perspective a lot more is to come from the White House that like always talks big but then yielded grounds. Bush initially refused to allow Sec. Rice to appear before the panel investigating the Sept. 11 attacks but eventually relented in the face of bipartisan pressure. Similarly, Bush only admitted to authorizing programs to eavesdrop on Americans without warrants after news reports revealed their existence.

Under the circumstances as and when Sen. Judiciary Committee decides to exercise its right and issue subpoenas to all concerned including presidential White House aides Bush will be left with no option but to comply.

Media experts opine that from the day Bush walked into the Oval Office, he has tried to tighten the government's hold on information and restrict public scrutiny. He is a president who has been pretty anti-democratic in his approach when it comes to upholding and respecting public’s democratic rights in this regard.

American history also shows that in case of executive and legislature standoff, US courts have largely supported the public representatives. And it is widely believed that if current legal jockeying heads for the Supreme Court Bush is mostly likely to lose and Karl Rove and other senior aides will end up testifying under oath.

Fights between Congress and the president's prerogative to get unfettered advice are not new. In 1974, President Nixon tried to use executive privilege to avoid turning over his secret White House tapes to the Watergate special prosecutor. The Supreme Court ruled against Nixon, who later resigned when impeachment seemed imminent. Clinton also failed to assert executive privilege during the Monica Lewinsky investigation, impeachment and other matters.

Therefore, despite claims to “let things simmer” White House in all probability will try to play its last card to wriggle through current standoff. There are reports that all documents might be handed over to Sen. Judiciary committee and there may be hearings in private with written transcripts. But then who knows it could be the way out for the White House to wade through the current standoff or a usual (White House) spin to distract the main stream media.

However, after reports made public on Friday and Saturday in which documents show Gonzales OK'd firing of several U.S. attorneys’ realization of such a prospect appears remote. And in all probability behind the scene efforts to mediate a way out by the White House will now be abandoned. Instead efforts will be made to have an Attorney General who enjoys the confidence of the Congress not of the White House only.

Despite Gonzales claims during his January testimony and subsequent press briefings including 13 Mar. to the press that he had nothing to do with the firings. Latest documents made public by the justice department reveal that not only Gonzales Okayed firings on 27 Nov., 06 but also approved plan from dismissal down to replacements leading up to Senate confirmation. Six of the eight prosecutors who were ordered to resign are named in the plan. It shows that Gonzales did not reveal complete details to subcommittee and in the process misguided public and its representatives.

All this has yet again prompted calls for his resignation. Sen. Charles E. Schumer, D-N.Y., renewing his demand that Gonzales quit because he believes that frequent shifting of statements indicates that something is being hidden.

These latest developments could mean more trouble for the White House and AG himself. Reportedly, Justice Department officials also announced Friday night that the department's inspector general and its Office of Professional Responsibility has launched a joint investigation into the dismissals, including an examination of whether they were improper and whether any Justice officials misled Congress about the matter.

These reports have left Sen. Judiciary Committee basking in positive light who was earlier charged by the White House aides of politicizing judiciary for political gains. Public following their senators and house representatives is rightly left wondering if Bush as usual is hiding the truth from the public. Bush otherwise is on thin ice when he blames Democrats of playing politics with the issue because he himself has failed to justify reasons for not filling 20 vacant attorney seats. In all probability politics cannot be ruled out in this case equally.

With the latest revelations what little hope Gonzales had over his job is gone and it is only matter of time that he will be history. White House in all probability already aware of impending reality and knowing too much on the subject, after losing Miers has gone into protection mode and is now frantically trying to save “spillover” causalities including Karl Rove. Bush’s plea to protect future presidents’ right to confidential advice is but a latest ploy to buy time as he struggles to give a face to his already tattered reputation reflected in popularity poll ratings hovering around 29%.

After mismanagement of Veteran affairs followed by embarrassing details emerging in the press that Bush administration knew of FBI’s abuse of Patriotic Act, and now involvement of four senior army officers in the cover up of sergeant Pat Tillman’s cause of death it appears that Bush impeachment calls over illegal Iraq war that once sounded outlandish reflecting restricted political motivation appears to be consolidating into a reality. Reportedly, with more than 32 Vermont towns (with some 600,000 population) passed resolution seeking to impeach Bush over Iraq war. And more than 16 towns in New England called on Washington to withdraw US troops from Iraq.

Experts opine that Vermont is a vanguard of grassroots protest movement to impeach Bush over his handling of the unpopular Iraq war. The layers and state representatives called for Bush’s accountability over misleading the nation on issues of WMD and engaging in illegal wire tapings. The prospect of widening of such a movement cannot be ruled out if Bush continues to hold on to secrets that American public has the right to know.

Those knowing American constitutional and political culture opine that by supporting “dead end issues” Bush is turning himself into a political liability. Something that Republicans cannot afford to pay in political terms especially in wake of ’08 Presidential elections. And like Californian Gov. Schwarzenegger who refused to attend Republican meeting attended by Bush last year Republicans might join Democrats to impeach Bush to save the party.

Finally, in light of latest details it appears that Gonzales is heading for an exit as more and more details see sunlight. In the immediate terms it would be interesting to see if Democrats manage to bring down Rove that in turn as believed by most would entangle both Cheney and Bush only time will tell?

Rizwan Ghani.