What Should Congressional Democrats Do, When the Bush Administration Stonewalls Their Efforts To Undertake Oversight?
The site is "legal news and commentary", so pack a lunch and put on yer fishin' waders.
"We see a war coming on Capitol Hill," a well-connected Republican attorney based in Washington recently told me, as I reported in my last column on the subject. The clash is not surprising, because Vice President Dick Cheney -- who is at the center of many of the subjects the Democratic Congress will be investigating -- is strongly opposed to Congress's inquiring into these areas. He believes the power of the presidency is at stake. Accordingly, as I noted earlier, he has made it quite clear that he is not going to cooperate with these investigations.
Before the conflict develops, it might seem helpful to go over the rules of the game -- to appreciate who is on solid ground, who is on shaky ground, and why this is the case. But as it happens, there are no rules!
Of course, there are precedents, and even U.S. Supreme Court rulings, in this area. But they have virtually no applicability when the contest involves Congress and the White House. Also, while forests have doubtless been consumed to publish copious learned treatises, essays, articles, and reports on this subject, at bottom, this is a matter not of law, but purely of politics. There is, however, evidence regarding this matter that can be drawn from history.
I'm glad he's a lawyer and not a dentist. He 'draws evidence from history' like a dentist would extract teeth through your ass, but he gets the job done, I think.
Thus, if the 110th Congress, controlled by the Democrats, fails to get the information it needs -- and the public wants -- about the workings of the Bush/Cheney presidency, it will not be because it does not have the tools with which to obtain that information. Rather, it will be because it lacks the will to use those tools.
When Congress plays hardball, it gets the information it wants from the president. The Congressional Reference Service (CRS) has prepared a complete manual on oversight, which they updated recently. In the manual, CRS has laid out all Congress needs to know to crack any stonewall Bush and Cheney may erect to block their oversight efforts.
Lou Fisher, one of the authors of the CRS manual, catalogued a number of the methods available to Congress in his essay: "Congressional Access To Information: Using Legislative Will And Leverage." Drawing on historical examples, Fisher shows that Congress has a host of tools, of various size and shape and depending on the situation, to "extract information from the President."
When it comes to ways to "extract information from the president", I lean towards the old burning bamboo slivers under the foreskin whilst the unit is clamped tightly in an ice-cold vise method, but then I'm old-fashioned.
This is good 'process' stuff and you should go familiarize yourself with it, but it makes no difference if one-ten ain't got the sack to do it. Pray for Congressional balls.
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