by seemslikeadream » Tue Jul 26, 2005 10:27 pm
<!--EZCODE IMAGE START--><img src="http://www.buzzflash.com.nyud.net:8090/contributors/05/07/images/pardons.jpg" style="border:0;"/><!--EZCODE IMAGE END--><br><br>Tuesday WH Briefing: John Roberts and Iran-Contra. Remember, BuzzFlash Has Alerted Our Readers First that the Iran Contra Pardons are the Model for the Potential TreasonGate Pardons that Will Keep Rove, et al, and Bush In Office and Out of Jail. Roberts Played a Role in the Iran Contra Pardons -- and the White House Won't Release the Paper Trail. <br><br><!--EZCODE LINK START--><a href="http://www.buzzflash.com/" target="top">www.buzzflash.com/</a><!--EZCODE LINK END--><br><br><br>By E&P Staff <br><br>Published: July 26, 2005 5:00 PM ET <br><br>NEW YORK Virtually giving up, at last, on getting Press Secretary Scott McClellan to comment on the Plame/CIA leak affair, reporters at today's White House briefing concentrated on another hot issue, the Democrats' attempt to get the White House to release more of a paper trail on Supreme Court nominee John Roberts. <br><br>The White House says it will hand over more than enough documents, while the Democrats want more. <br><br>One emerging hot button issue revolves around the holding back of Roberts documents from his days in the Bush I administration as a deputy in the Solicitor General's office, on grounds of client-attorney privilege. Of particular interest here, for some Democrats, is what advice Roberts might have offered leading up to President George H.W. Bush's pardon of Caspar Weinberger and others in the Iran-Control scandal.<br><br>But some feel that that client-attorney privilege argument may not hold, legally, so the White House may also be prepared to deny documents on “national security” grounds. This prompted perhaps the most pointed question of today's briefing (from a “Dana,” presumably Dana Milbank of The Washington Post), who asked near the end of the session, “Do you consider Iran-Contra a national security issue?”<br><br>“I haven't even thought about that, Dana,” McClellan replied, “to tell you the truth.”<br><br>Here are excerpts from the official transcript related to the Roberts documents: <br><br>***<br>Q Do you plan to make any claims for executive privilege for any of those documents? We know you're -- you have some attorney client privilege concerns.<br><br>MR. McCLELLAN: Well, this was something we consulted with Chairman Specter about and Chairman Specter expressed his appreciation for what we are doing. We wanted to make sure that all appropriate information was getting to the Senate, so that they could move about in a timely and fair fashion on Judge Roberts' nomination. I think you need to look back at what you're referring to. There are seven former solicitor generals who have publicly expressed concerns when it comes to information related to attorney-client privilege. They rely on open, candid and thorough assessments or advice from their attorneys during the decision-making process, and you cannot have that if attorneys in the Office of the Solicitor General fear that that information might be disclosed.<br><br>Q What's the case law that establishes attorney-client privilege for the work of the Solicitor General's Office?<br><br>MR. McCLELLAN: There is ample case law that is available that --<br><br>Q Specifically.<br><br>MR. McCLELLAN: -- talks about the importance of government attorneys having attorney-client privilege. And I'll be glad to provide you that information. There is ample case law available.<br><br>Q Seth Waxman, himself, argued that the attorney-client privilege applies to the White House Counsel's Office, under the Clinton administration--and the courts found that that was not the case. <br><br>MR. McCLELLAN: The Solicitor General's Office comes under the Federal Records Act. The White House Counsel's Office comes under the Presidential Records Act. And under the Presidential Records Act, there is a presumption of disclosure. All of us who come here and work at the White House know that what we are doing is going to be disclosed publicly.<br><br>Q So that doesn't compromise the integrity of the discussions within the White House Counsel's Office, but it does the Solicitor General's Office?<br><br>MR. McCLELLAN: No, I'm saying there are two different acts that govern these issues, and that's why I was pointing back to what the solicitor general said when it came to the decision-making process in their office.<br><br>Q Does the solicitor general work for the people or the President?<br><br>MR. McCLELLAN: The solicitor general represents the U.S. government in issues. And so they are the attorney for the U.S. government.<br><br>Q How many documents fall under this category, and what are they?<br><br>MR. McCLELLAN: Fall under what category?<br><br>Q The attorney-client privilege. How many are you holding back, and what do they consist of, exactly?<br><br>MR. McCLELLAN: First of all, we're providing all appropriate information to the Senate. And I wanted to make that clear. That's why we went ahead and made this decision so that we could expedite that process at the Reagan Library to make that information available --<br><br>Q Right, but how many are you holding back?<br><br>MR. McCLELLAN: Wait, hang on -- available before they return so that they can get about moving forward on the confirmation process in a timely manner. We think that's important. And much of this information may not have been made available if it had gone through the normal review process.<br><br>Q How many are you holding back and what does it consist of?<br><br>MR. McCLELLAN: But in terms of the Solicitor General's Office, the White House hasn't seen or reviewed any of those documents. It wouldn't be appropriate for us to do so, for the reasons I just stated.<br><br>***<br>Q Wouldn't his later work be more relevant than thousands of pages of what he did 25 years ago?<br><br>MR. McCLELLAN: His work on the court is absolutely something for people to look at, the last two years that he has served on the D.C. Circuit Court of Appeals. And that's why I pointed back to the confirmation hearing process that he had been through previously….<br><br>Q On the solicitor general documents, which you are not going to release, that is non-negotiable, the end of story, as far as the White House is concerned?<br><br>MR. McCLELLAN: I think we've made our views known.<br><br>***<br>Q Back to Roberts and the documents. Does the White House maintain that what it's doing now related to the DOJ and the Counsel documents is, in effect, expediting the process? It's not that these documents wouldn't be available to members of Congress in the absence of the White House's assistance?<br><br>MR. McCLELLAN: We are expediting the process when you're talking about the Reagan Library documents, absolutely.<br><br>Q Democrats are arguing that, in effect, however, those documents were in the process of being made public anyway, and that the documents at the Archives were available, thank you very much, and their argument is that they haven't gotten anything that they couldn't have gotten under themselves, and what they're seeking in the solicitor general's documents, they're being denied.<br><br>MR. McCLELLAN: Well, first of all, on the Reagan Library documents, there is a process that they are going through to make those documents available publicly, but it is a process that tends to make months. At a minimum, it takes weeks and weeks and weeks. I think everybody recognizes the importance of moving forward in a timely manner on this confirmation hearing.<br><br>And this is documents that we're talking about from 20 years ago . I mean, these documents essentially show a young White House staffer providing his legal analysis to support the President's agenda at the time. That's what these documents are. But we wanted to make sure that they had all the appropriate information they needed. And that's what this is about.<br>***<br><br>Q Did you waive any attorney-client privilege in the documents that are being released?<br><br>MR. McCLELLAN: I'm sorry, the documents that are being released?<br><br>Q Correct.<br><br>MR. McCLELLAN: Well, the documents in the Archives are all available publicly and the documents -- like I said, the documents at the Reagan Library, I mean, they're covered under the Presidential Records Act, and I think only documents that you're talking about that might not be disclosed would be related to issues of national security concerns or privacy concerns.<br><br>Q And you can't waive any attorney-client privilege under the solicitor general's documents -- is that right?<br><br>MR. McCLELLAN: Well, again, I expressed the views of the former solicitor generals and why they believe it's important to protect the attorney-client privilege, and members of the Senate have expressed that, as well.<br><br>Q But you would have the authority to waive it if you chose to do so?<br><br>MR. McCLELLAN: Again, what we're doing is moving forward and making available all appropriate information for the Senate to do their job and do it in an expedited fashion.<br><br>Q Can I just ask a quick follow-up on that?<br><br>MR. McCLELLAN: Quick.<br><br>Q Do you consider Iran-Contra a national security issue?<br><br>MR. McCLELLAN: I haven't even thought about that, Dana, to tell you the truth.<br><br><!--EZCODE LINK START--><a href="http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1000991994" target="top">www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1000991994</a><!--EZCODE LINK END--><br><br><br>July 22, 2005 <br><br>THE question for Congress to ask Judge John G. Roberts' during his confirmation hearings for Supreme Court Justice<br><br>Can loyalty to the President also be treason?<br><br>A BUZZFLASH READER CONTRIBUTION<br>by One Citizen<br><br>This is possibly THE question for Congress to ask Judge John G. Roberts' during his confirmation hearings for Supreme Court Justice. The balance of power between the three branches of our government here in the U.S. may be at dire risk due to a long-time loyalty between the nominee and the President. The answer to this question may stop the nomination process in its tracks if the answer reveals that loyalty between friends trumps his loyalty to do justice.<br><br>Let's imagine for a moment that a member of the Bush Administration was pardoned by the president after being indicted for say, leaking a CIA undercover agent's name to the public. And let us also say for the purposes of this question that the Executive Clemency order was issued after the indictment was proffered but before the case was prosecuted. The very timing of this pardon would virtually steal the golden fleece of justice from American citizens before our Justice system could work its magic. <br><br>So then let's further imagine that the federal prosecutor had no choice but to challenge the legality of the executive branch's pre-empting the full and fair prosecution of the law.<br><br>Now, finally, here's the question to be posed to Judge Roberts...- "If the President issued this imaginary pardon BEFORE the conviction, and the resolution of this imaginary case came all the way down through the system to end up on your docket, how would you, as a Justice of the Supreme Court, likely rule?<br><br>"Bearing in mind, of course, that the subject being prosecuted might well be innocent. Or guilty. We'd never know for sure unless you issued a verdict against the President, finding it to be an abuse of power. Now for the purpose of this question, let's say that the pardoned subject was very close to the President himself, having been a member of his immediate Cabinet ever since the beginning of the first term in office. And because of his position, likely knew and could provide testimony against the very person who had actually cooked up this foul conspiracy and set it in motion in the first place.<br><br>"If only he could be compelled to testify. And that's the real twist to this whole puzzle we're asking you to solve. Let's say that due to strong loyalty and friendship, this person could not be compelled to reveal the source any other way than by being threatened with the possibility of prosecution and the resultant serious jail time for criminal conspiracy and obstruction of justice.<br><br>"Now wouldn't that be a fine kettle of fish if, by the sheer timing of his pardon, the President was allowed to protect himself, or perhaps shield some other guilty party in his Administration from prosecution for this most serious offense against homeland security?"<br><br>Now before you, dear reader, accuse me of a most fantastic flight of fancy that would never actually come to pass in the real world, let me explain. I didn't just pull this specter of an inopportunely timed pre-emptive pardon out of thin air.<br><br>In fact, I am only reframing an earlier case that actually set a legal precedent, which was pulled off by none other than George H.W. Bush. That's right, the father of our current president, and former head of the CIA successfully kept special prosecutor Lawrence Walsh from exacting justice for crimes committed during the Iran Contra illegal war which was secretly run out of the basement of Ronald Reagan's White House.<br><br>You may recall when members of the CIA illegally traded arms for the crack cocaine that then saturated our West Coast neighborhoods and then somehow U.S. citizens who were being held as hostages in Iran got mixed up in that very clandestine and very, very illegal deal. <br><br><br>CLICK FOR LARGER IMAGE <br>Unfortunately, you and I will likely never know the answer to who masterminded that one because Poppy Bush actually did order Executive Clemency for those whom Special prosecutor Walsh had just nailed. But did Bush Sr. have an act of compassion in his mind, or was he motivated by loyalty and self-preservation? And did this act harm the best interests of the citizens of this country? <br><br>Because wasn't this an abrogation of Judiciary power by the Executive Branch? It is now obvious that a proper determination of the Weinberger Six's fate by our court system could have stood as a very real deterrent to those now in the Executive cabinet who committed the very real and very dangerous crime of spotlight-the-agent.<br><br>Allowing former Defense Secretary Casper Weinberger and five others to skate away scot-free from their heinous actions likely did more harm than anyone ever thought possible.at the time. Besides making it possible for others higher up in that earlier Administration to avoid any threat of embarrassment or inconvenience that an indictment might have rendered, it also set a dangerous precedent and virtually guaranteed that there would be an escape plan for future White House Cabinet members as long as the President could be tied to the crime solely by the threat of their testimony.<br><br>All future Presidents could be virtually forced to shield his cabinet from prosecution. He would be required to protect himself from being tainted with the ever-standing threat of any- or- all being plea-bargained into (at the very least) tying him (or others in the Cabinet) with foreknowledge of virtually any crime. <br><br>The well-timed Presidential pardon is thus a program which provides Plausible Deniability Version 3.0 for the entire posse.<br><br>On Feb. 28, 2001, House of Representatives Judiciary Committee held hearings on the constitutional limits of the President with regards to the power of Executive Clemency. During those hearings, one member eloquently expressed his opinion that "Improperly exercised, the pardon is a travesty of justice—an act borne not of mercy, but of tyranny"<br><br>Besides pardoning his Secretary of Defense, Bush Sr. also ordered that the records produced as a result of the Iran Contra hearings be permanently sealed from public disclosure. Executive Order 12356 (also known as the "Weinberger Declaration") classified that material as "Top Secret" due to the probability that the material within would cause "exceptionally grave damage" to our national security. Yet his pardons weren't determined to pose a treasonous threat, because they were held to have only possibly protected him from prosecution. <br><br>It is notable that he proclaimed that the "common denominator of their motivation -- whether their actions were right or wrong -- was patriotism." <br><br>Yeah, right. They're Patriots.<br><br>Now according to Alexander Hamilton the ''power of pardoning in the President has...been only contested in relation to the crime of treason.'' The delegates to the Constitutional Convention believed treason was a crime leveled at ''the immediate being of the society''— an offense meant to strike at the heart of America's institutions and values. Article III of the Constitution includes giving aid and comfort to the enemy in its definition of treason. In 1999, George H.W. Bush said "... I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious, of traitors." But Gee Dubya obviously disagrees with that assessment. It's loyalty above all else in HIS White House. <br>Now in their twisted attempt to shield whoever in the Bush cabinet leaked the name of a CIA undercover agent to the press, supporters of the current President have done everything from downplay the importance of the position of the CIA's undercover agent to question the intent and the patriotism of those who support her. The act of downplaying her position is important to the upcoming fight over the question of whether the act itself constituted treason. <br><br>What it will ultimately come down to is a test between the branches of government and Judge Roberts' loyalty to the President who he had worked for during the election debacle of 2000.<br><br>You remember, that's when Al Gore got more votes for President but was prevented by legalistic maneuvers by Roberts and others, in (of all places), - the Supreme Court.<br><br>One Citizen<br>Charleston, WV<br><br>A BUZZFLASH READER CONTRIBUTION<br> <br>http://www.buzzflash.com/contributors/05/07/con05249.html<br><br><br><br> <p></p><i>Edited by: <A HREF=http://p097.ezboard.com/brigorousintuition.showUserPublicProfile?gid=seemslikeadream@rigorousintuition>seemslikeadream</A> at: 7/26/05 8:54 pm<br></i>