Constitutional Showdown

Well, it's about time, let's get on with it.

President Bush, moving toward a constitutional showdown with Congress, asserted executive privilege Thursday and rejected lawmakers' demands for documents that could shed light on the firings of federal prosecutors.

Bush's attorney told Congress the White House would not turn over subpoenaed documents for former presidential counsel Harriet Miers and former political director Sara Taylor [...]

"With respect, it is with much regret that we are forced down this unfortunate path which we sought to avoid by finding grounds for mutual accommodation," White House counsel Fred Fielding said in a letter to the chairmen of the House and Senate Judiciary Committees. "We had hoped this matter could conclude with your committees receiving information in lieu of having to invoke executive privilege. Instead, we are at this conclusion."

Thursday was the deadline for surrendering the documents. The White House also made clear that Miers and Taylor would not testify next month, as directed by the subpoenas, which were issued June 13. The stalemate could end up with House and Senate contempt citations and a battle in federal court over separation of powers.

OK, let's go to court on this one, then. I'd love to see the White House try to hide evidence for months and months, it'll do wonders for their image.

This has needed to happen for some time. Not only do the Democrats in Congress need to understand what's been happening at the Justice Department, where justice has been subverted, the office has been politicized, and voters have been suppressed. This is about the White House asserting no need to answer to a co-equal branch of government. Essentially this is about the very mechanisms of American government itself. For 6 1/2 years, the President has had a free hand from the Congress. Times have changed. We are seeing a direct challenge to the imperial Presidency, and Patrick Leahy is right to call this "Nixonian stonewalling."

Let the right bitch and moan about frivolous investigations and about how the Democrats are so ruthlessly partisan. There's a bigger issue at stake. And if we want a functioning democracy, this battle must be joined.