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To: Mephisto who wrote (1549)12/18/2001 6:57:54 PM
From: Mephisto  Respond to of 15516
 
Bush blocks bid to get documents: Privilege used to deny request

"This is not a monarchy," said Chairman Dan Burton
(R-Ind.), who led tenacious investigations into
President Bill Clinton's fundraising. "The legislative
branch has oversight responsibility to make sure
here is no corruption in the executive branch."


Chicago Tribune
By Jeff Zeleny
Washington Bureau
Published December 14, 2001

WASHINGTON -- President Bush on Thursday invoked executive privilege to reject
a congressional subpoena for prosecution documents in controversial criminal
cases, triggering new concerns from lawmakers about his intent to protect the secrecy of the executive branch.

The president said the release of the documents, involving an alleged FBI corruption case in Boston and a
fundraising investigation during the Clinton administration, would allow Congress to second-guess federal
prosecutors' work and "would be contrary to the national interest."

But Republicans and Democrats on the House
Government Reform Committee criticized the White
House, saying the order weakened the checks and
balances between the three branches of government.

"This is not a monarchy," said Chairman Dan Burton
(R-Ind.), who led tenacious investigations into
President Bill Clinton's fundraising. "The legislative
branch has oversight responsibility to make sure
there is no corruption in the executive branch."

Burton said the Bush administration was "making a
big mistake."

Last month, the president signed an executive order
giving himself unprecedented powers to keep
presidential papers secret, even those scheduled to
be released according to federal law.

The order on Thursday was distributed on a busy
White House day, moments before Bush delivered a
major missile defense announcement and the Pentagon released a videotape of Osama bin Laden boasting
about the deadly success of the Sept. 11 terrorist attacks.

Privilege used before


It was marked the first time that Bush invoked executive privilege. The White House noted that it was invoked
three times by President Ronald Reagan, twice by President George H.W. Bush and four times by Clinton.

The House Government Reform Committee had subpoenaed documents in its inquiry into the FBI's handling of
mob investigations in Boston. It also sought a campaign fundraising memo from the 1996 presidential race.

Burton said the presidential order would stifle an investigation into allegations of FBI corruption and the
treatment of mob informants over four decades.

To successfully challenge the executive privilege, however, Burton would have to seek a vote of the full House.
Republican leaders are unlikely to allow a vote on such a politically sensitive issue,aides acknowledged.

The president made the decision public Thursday in a memo to Atty. Gen. John Ashcroft. Releasing the
confidential documents, Bush said, "would inhibit the candor necessary" to bring cases to justice and would
threaten to "politicize the criminal justice process."

Executive privilege allows presidents to receive candid advice without fear of it becoming public. The Nixon and
Clinton administrations tried unsuccessfully to invoke the privilege to shield evidence from congressional
investigators during impeachment proceedings against them.

Lawmakers expressed concern that Thursday's presidential order would be the start of a contentious battle over
letting members of Congress review other sensitive documents.

Rep. Henry Waxman (D-Calif.) called the order undemocratic. The decision, he said, was a "troubling example
of an administration loath to face scrutiny."

"An imperial presidency or an imperial Justice Department conflicts with the democratic principles of our nation,"
said Waxman, the top Democrat on the government reform panel.

White House spokesman Ari Fleischer defended the use of executive privilege, pointing to the past three
presidents' use of it. In this case, he said, Bush lawyers already have turned over 3,500 pages of documents to
the House committee.

White House General Counsel Alberto Gonzalez advised the president to invoke the privilege earlier this year
when the congressional panel sought documents that outlined prosecution decisions in criminal cases.

After unsuccessfully trying to gain access to the documents for months, Burton's committee subpoenaed
Ashcroft to its hearings into allegations of corruption at the FBI office in Boston.

At the heart of the case is Joseph Salvati, who spent 30 years in prison for a murder he did not commit. The
conviction was overturned nearly a year ago after a judge ruled that FBI agents concealed testimony that would
have cleared Salvati merely to protect an informant.

Panel wants records


The congressional panel is seeking Justice Department records from 13 informants in connection to the case.
The conduct under investigation by the committee has cost the government $1.2 billion in civil claims and led to
several murders.

Republicans on the House Government Reform Committee rejected the White House defense that 3,500 pages
of documents had been submitted for review.

"As if the number of documents turned over actually matters; it's the substance of the documents," said Mark
Corallo, the spokesman for the Republican-controlled panel. "The Clinton administration used to turn over
hundreds of thousands of pages of documents, hoping we would just give up."

Copyright © 2001, Chicago Tribune

chicagotribune.com



To: Mephisto who wrote (1549)12/18/2001 7:05:12 PM
From: Mephisto  Read Replies (1) | Respond to of 15516
 
Blinded Justice

A BOSTON GLOBE EDITORIAL

12/18/2001

PRESIDENT BUSH SOUGHT to hoodwink the House Government Reform
Committee and the American public last week when he invoked executive
privilege to thwart a congressional investigation of abuses in the Boston FBI office.
But Dan Burton, the Indiana Republican who heads the committee, refused the
blindfold and accused the president of ''dictatorial'' tendencies.

Burton spoke for many Massachusetts residents who demand a full accounting of
how the FBI knowingly allowed four local men - two of whom, Joseph Salvati and
Peter Limone, are still alive - to be sent to jail on perjured testimony for a 1965
murder and how mobster James ''Whitey'' Bulger thrived with the protection of FBI
handlers while allegedly killing 19 people during the 1970s and 1980s.

Back then the US Justice Department had the craven habit of deferring to rogue
FBI agents. Now Justice Department lawyers are running interference for an
administration that seeks to enlarge the curtain of secrecy over government
proceedings, whether it covers the government's use of mob informants or plans for
military tribunals to try suspected terrorists.

The motives as well as the methods of the Bush administration deserve careful
attention. The wording of Bush's executive privilege memorandum is so vague that
it could be applied to nearly any criminal investigation or general inquiry.
Congressional access to documents is dismissed as a politicization of the criminal
justice process rather than an important source of unedited information about key
public issues, including government misconduct.

Could the president cite privilege to block attempts by the Government Accounting
Office or Congress to determine which energy industry officials met with Vice
President Cheney to formulate energy policy? It seems that anything goes under the
new executive privilege policy.

Thankfully, members of Congress are willing to stand up to the president.
Representative William Delahunt, a Quincy Democrat and former district attorney,
told the committee that he and his colleagues are not about to relinquish legislative
oversight of the executive branch, regardless of the political climate.

''We all support the administration's efforts to address the current emergency,'' said
Delahunt. ''But we cannot prevail in our fight against foreign tyranny by scrapping
the checks and balances that preserve us from tyranny here at home.''

The president is forcing a constitutional confrontation with Congress. Republicans
and Democrats should join in the defense of accountable and transparent
government, whether on the floors of Congress or in America's courtrooms.

This story ran on page A22 of the Boston Globe on 12/18/2001.
© Copyright 2001 Globe Newspaper Company.

[ Send this story to a friend]



To: Mephisto who wrote (1549)12/27/2001 11:36:15 PM
From: Mephisto  Respond to of 15516
 
Abused Privilege : White House too eager to keep things secret
Detroit Free Press
December 21, 2001

While all eyes last week were on the Osama bin
Laden tape, the Bush administration executed yet
another power grab.


Attempting to duck congressional oversight,
President George W. Bush invoked executive
privilege to keep documents from prior Justice
Department cases secret. He claimed that access
to the Justice Department documents would harm
prosecutors' ability to deliberate freely criminal
cases, in fear of their conversations being revealed
later.

The order prevents Congress from gaining access
to government documents pertaining to two closed
cases: the FBI's handling of mob informants in
Boston in the 1960s and the Clinton-era
fund-raising probe of the 1990s. Unless the
president relents or Congress sues, the public may
never know if the FBI or any other government
agency mistreated innocent citizens in those cases
or engaged in any other illegal or constitutionally
suspect behavior. While it is not the first time a
president has invoked executive privilege for
dubious purposes, it's hard to see why these old
probes need to remain closed, unless the
government has something to hide. But the specific
cases aren't the issue so much as the increasingly
cavalier attitude of this administration toward
accountability. The war on terrorism and the
president's enormous approval ratings are no
excuse for ducking checks and balances.

Congress should remind the White House that an
elected president is not an anointed emperor. In a
democracy, leadership is accountable to the
people.


freep.com