we may be in for some executive privilege fights …

This story (an excerpt of which is pasted below) may well be a harbinger of things to come — as Democrats prepare to take over committee chairpersonships, fights over documents that congressional committees request and that the administration does not want to turn over may become common. Will Congress cave upon the mere invocation of terms like “executive privilege” and “national security?” Or will they do their job as a co-equal branch of government, actually probing whether and when national security needs for secrecy exist and when it’s appropriate to demand documents, even to issue subpoeanas or to threaten contempt sanctions? For anyone curious about the constitutional ramifications of executive privilege tussles between Congress and the President, I’ve written about the issue at some length in this linked paper.

Democrats demand CIA detainee documents

Posted 11/17/2006 8:28 PM ET

By Laurie Kellman, Associated Press

WASHINGTON — A Senate Democrat who will chair its Judiciary Committee next year asked the Justice Department to release newly acknowledged documents setting U.S. policy on how suspects in the war on terrorism are detained and interrogated.

“The American people deserve to have detailed and accurate information about the role of the Bush administration in developing the interrogation policies and practices that have engendered such deep criticism and concern at home and around the world,” Sen. Patrick Leahy, D-Vt., wrote Attorney General Alberto Gonzales.

. . . .

You may also like...