The Good Mr. Durbin

Just to make Greg have a coniption 😉

The Good Mr. Durbin yesterday made the AG very uncomfortable.

Reward Good Behavior

Durbin: And here’s the problem we have. You have said that you’re not claiming executive privilege; that’s for the president to claim. But the law’s very clear: you have two options when you say no to this committee: Either the executive claims privilege and refuses to disclose, or you cite a statutory provision whereby Congress has limited its constitutional right to information.

So which is it, Mr. Attorney General? Is it executive privilege, or which statue are you claiming is going to shield you from making this disclosure of these memos at this point?

ASHCROFT: Thank you for your remarks.

First of all, let me agree with you as it relates to the value of the Constitution both at war and at peace. I couldn’t agree more heartedly with you that the Constitution is controlling. And I would never suggest that we absent ourselves from a consideration of and adherence to and complete compliance to the Constitution of the United States.

ASHCROFT: And if there is any way in which I have suggested in my remarks today that we wouldn’t do that, I want to take this opportunity to make it very clear that the Constitution of the United States is controlling in every circumstance and is never to be disregarded.

(CROSSTALK)

DURBIN: I respect that.

But under which standard are you denying this committee the memos, either executive privilege or a specific statutory authority created by Congress exempting your constitutional responsibility to disclose? Under which are you refusing to disclose these memos?

ASHCROFT: I am refusing to disclose these memos because I believe it is essential to the operation of the executive branch that the president have the opportunity to get information from his attorney general that is confidential and that the responsibility to do that is a function of the executive branch and a necessity that is protected by the doctrine of the separation of powers in the Constitution.

And for that reason — and that is the reason for which I have not delivered to the Congress or the members of the Senate these memos, any memos.

DURBIN: Sir, Attorney General, with all due respect, your personal belief is not a law, and you are not citing a law and you are not claiming executive privilege. And, frankly, that is what contempt of Congress is all about.

You have to give us a specific legal authority which gives you the right to say no or the president has to claim privilege. And you’ve done neither.

I think this committee has a responsibility to move forward on this.