- Current Issue
SIGN IN to access Harper’s Magazine
Need to create a login? Want to change your email address or password? Forgot your password?
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
Former White House counsel Harriet Miers and chief of staff Joshua Bolten have been sued by the House of Representatives, which now seeks to enforce its subpoenas through a special legal action in the federal district court in Washington. The New York Times’s Neil Lewis describes the suit in these terms:
The confrontation between the White House and Congressional Democrats escalated on Monday as the House Judiciary Committee asked a federal judge to force Harriet E. Miers, former White House counsel, and Joshua B. Bolten, White House chief of staff, to provide information about the dismissals of federal prosecutors in 2007.
Citing legal guidance from the White House, Ms. Miers and Mr. Bolten have refused to comply with Congressional subpoenas seeking information and documents involving the firings. The suit before Judge John D. Bates of Federal District Court in Washington says neither Ms. Miers nor Mr. Bolten may avoid the subpoenas by citing executive privilege, the doctrine that allows advisers’ advice to the president to remain confidential.
The entire affair surrounding Miers and Bolten goes to the U.S. attorneys scandal, and to the White House’s refusal to cooperate with any Congressional oversight or investigation into the affair. Miers, who now practices with a Dallas law firm, was “instructed” (in the words of Attorney General Mukasey’s letter to Congress) not to comply with the Congressional subpoena. Bolten was subpoenaed as the White House chief of staff and thus as custodian of its records; he was asked to produce internal communications, including emails, that relate to the firing decision. Although only a handful of emails were produced, a number of them put President Bush’s then-senior political advisor, Karl Rove, smack in the middle of the decisions to fire the U.S. attorneys, and put partisan political issues at the top of his agenda. In one extremely revealing notation, Rove marks a memo for a discussion with Miers about Milwaukee U.S. attorney Steven Biskupic. (Go to page 30 of the linked House Report.) The memo complains that Biskupic was “not doing enough” to prosecute “voter fraud” cases in support of a G.O.P. election plan. In fact Biskupic’s name appeared on a list of U.S. attorneys to be fired, and subsequently disappeared after he brought a politically-motivated prosecution tailored to run parallel to an election contest.
A number of other matters raise even more interest. Topping the list right now is the dismissal of U.S. attorney David Iglesias in Albuquerque after he declined requests from two members of New Mexico’s Congressional delegation that he indict a Democratic elected official in the weeks just before the 2006 midterm election. The Iglesias matter also involves interventions and dealings by Rove and President Bush himself.
In its complaint, the House of Representatives states that Executive Privilege cannot be invoked to preclude Miers’s appearance altogether, but only with respect to specific questions which implicate Executive Privilege issues. A copy of the complaint is attached here. It asks the Court to rule on contests over the privilege. The Administration’s use of Executive Privilege is unprecedented and not based on any prior authority. Historically, privilege issues have been resolved on a question-by-question basis. The tactical use of Executive Privilege in this case is clearly designed to obstruct Congress’s inquiry into the U.S. attorney’s matter altogether.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Rank of Detroit among major U.S. cities whose residents give the largest portion of their income to charity:
A South Dakota researcher concluded that only scant blood spatter results when chain saws are used to dismember pigs.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature