No Comment — January 27, 2009, 9:53 am

Subpoena Issued to Karl Rove: “Time to talk”

House Judiciary Chair John Conyers has placed former Bush political advisor Karl Rove under subpoena. Rove is being brought before the Judiciary Committee to testify about his role in the U.S. attorneys scandal and a number of other matters, including the suspiciously political prosecution of former Alabama Governor Don E. Siegelman. His appearance date is February 2. The Associated Press reports:

“I have said many times that I will carry this investigation forward to its conclusion, whether in Congress or in court, and today’s action is an important step along the way,” Conyers said. The change in administrations may affect the legal arguments available to Rove, Conyers said. “Change has come to Washington, and I hope Karl Rove is ready for it. After two years of stonewalling, it’s time for him to talk,” Conyers said.

Last year, Rove defied a congressional subpoena, attending a conference with post-Soviet oligarchs in the Crimea when he was required to appear before Congress. Rove argued that he had been instructed by President Bush not to respond to the subpoena. The committee determined by a 7-1 vote that the claim of privilege was invalid. But the Bush Justice Department refused to enforce the subpoena, requiring Congress to turn to the courts. A district court judge appointed by George W. Bush ruled in favor of Congress and against Rove, describing his claim that he was entitled not to appear or respond in any way to the subpoena as ridiculous. Rove appealed to a Republican panel of the court of appeals which did not address the merits of the case, but stayed the district court’s order because Congress was approaching its adjournment. (By the same reasoning, the subpoenas of grand juries which are about to expire could be considered “moot,” but courts regularly enforce these subpoenas. The court of appeals ruling was thinly reasoned and had every sign of being an effort to pull Rove’s chestnuts out of the fire.)

Now the tables are turned. The invocation of “executive privilege” is up to the current incumbent in the White House, Barack Obama. No doubt Karl Rove will argue that he continues to operate under the guidance of former president Bush. That position has some precedent (the argument was advanced once by Harry S Truman after he left office, but was never tested), but has generally been viewed as a legal long-shot. Obama has not addressed the Rove claim directly, but he has made a number of statements suggesting that he did not agree with the Bush Administration’s sweeping claims of executive privilege. Moreover, if Rove refuses to comply with the subpoena, the Holder Justice Department is unlikely to refuse to take enforcement action, as its legal obligation to do so is very clear.

In sum, the tables have been turned on Karl Rove. He can continue to refuse to cooperate with Congress in their probe of the U.S. Attorney and Siegelman matters, but not without consequences. If he persists in defying the subpoenas, he may be headed to jail.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

January 2015

Come With Us If You Want to Live

= Subscribers only.
Sign in here.
Subscribe here.

The Body Politic

= Subscribers only.
Sign in here.
Subscribe here.

The Problem of Pain Management

= Subscribers only.
Sign in here.
Subscribe here.

Game On

= Subscribers only.
Sign in here.
Subscribe here.

Love Crimes

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Body Politic·

= Subscribers only.
Sign in here.
Subscribe here.

“‘He wrote all these love poems, but he was a son of a bitch,’ said a reporter from a wire service.”
Illustration by Steven Dana
Article
Love Crimes·

= Subscribers only.
Sign in here.
Subscribe here.

“If a man rapes a woman, she might be forced to marry him, because in Afghanistan sex before marriage is dishonorable.”
Photographs © Andrew Quilty/Oculi/Agence VU
Article
Game On·

= Subscribers only.
Sign in here.
Subscribe here.

“The end of the Cold War and the collapse of the Soviet Union had posed a truly existential threat.”
Illustration by Taylor Callery
Article
Come With Us If You Want to Live·

= Subscribers only.
Sign in here.
Subscribe here.

“I was startled that all these negative ideologies could be condensed so easily into a positive worldview.”
Illustration by Darrel Rees
Article
Christmas in Prison·

= Subscribers only.
Sign in here.
Subscribe here.

“Just so you motherfuckers know, I’ll be spending Christmas with my family, eating a good meal, and you’ll all be here, right where you belong.”
Photographer unknown. Artwork courtesy Alyse Emdur

Acres of hemp grown by “patriotic‚” U.S. farmers in 1942 at the behest of the U.S. government:

36,000

A study suggested that the health effects of exposure to nuclear radiation at Chernobyl were no worse than ill health resulting from smoking and normal urban air pollution.

Greenpeace apologized after activists accidentally defaced the site of Peru’s 2,000-year-old Nazca Lines when they unfurled cloth letters reading “time for change” near the ancient sand drawings. “We fully understand,” the group wrote in a statement, “that this looks bad.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today