Dead-end game

After months of inaction, the House Judiciary Committee yesterday forwarded Contempt of Congress charges against former White House aides Joshua Bolton and Harriet Miers to the full House of representatives.

Considering the original subpoenas Bolton and Miers refused to comply with were issued last summer, and the committee voted to find both in contempt on July 25, it can hardly be said matters have been rushing to a head. Still, I guess it took a while to scribe the 862-page document forwarded to the full House describing why the committee feels the two need to be charged.

Bolton and Miers each cited Executive Privilege in refusing to comply with the subpoenas. I am not a lawyer, but it does seem their case is very weak:

* The Supreme Court has found the privilege is "not absolute".
* Bill Clinton, as President, had his privilege claims overturned by the court and was forced to testify over a matter (the Lewinsky affair) which was of far less significance to the national well-being than concerns of politicization of the U.S. Attorney General's office.
* It would seem in order to assert such privilege one must, at a minimum, appear. Some questions asked may clearly not be covered by the privilege claim, in which case Bolton and Miers would be expected to answer.

I would certainly expect the full House to vote in favor of bringing contempt charges against both Bolton and Miers on a straight party-line vote ... at which point it would be the responsibility of the U.S. Attorney for the District of Colombia to prosecute the case. Hmmmm ... a Bush-administration attorney responsible for prosecuting contempt charges against two former Bush aides in a matter concerning Bush's politicization of the AG department. Anyone want to guess the odds of the case actually being prosecuted?

White House press secretary Dana Perino seemed insouciant in responding to reporter's questions on the matter yesterday afternoon, predicting "It won't go anywhere."

Of course it won't - she knows the fix is in.

Assuming this scenario plays out as expected, Dems should remember this in early 2009. If a Democrat wins the Presidency a year from now, the matter can always be revisited then - and should be.