The House Judiciary Committee subpoenaed Harriet Miers to testify before the committee yesterday. She did not show up for the hearing. She did send a letter to the committee indicating that she would follow President Bush’s order for her not to show up. Bush also sent a letter to the same effect. Bush is claiming executive privilege regarding her testimony. It is a bogus claim, especially where Miers is concerned, but he has the right to try this tactic to protect his own interests (as opposed to the interests of the nation). It appears that the Judiciary Committee is – rightly – starting the process of holding Miers in contempt of Congress. However, it would also appear that in ordering Miers not to show up for the hearing, as opposed to showing up and then asserting any claims, the President actually broke federal law.
Invoking a privilege is one thing, but telling a person not to show up in response to a subpoena -- if only to actually invoke the privilege -- is quite another. It's not just worse, it's a felony under federal criminal law. See for yourself.
18 U.S.C. Sec. 1505: ... Whoever corruptly ... influences, obstructs, or impedes ... the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress ... [s]hall be fined under this title, [or] imprisoned not more than 5 years ... or both.
18 U.S.C. Sec. 1515(b): As used in section 1505, the term "corruptly" means acting with an improper purpose, personally or by influencing another, including ... withholding, [or] concealing ... information.
Do we actually have enough laws on the books for this administration to break?
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