Today in a press briefing, Sen. Patrick Leahy (D-VT) revealed that the
White House had missed its 2:30 PM deadline to turn over documents to
the Senate Judiciary Committee regarding legal justifications for the
National Security Agency’s eavesdropping program. The Committee
had already pushed
back the original July 18 deadline twice after the White House requested
more time.
Leahy said that the administration’s stonewalling amounted to “contempt
of the valid order of the Congress,” and pointed out that these
subpoenas were passed by broad bipartisan votes. In fact, the Senate Judiciary
Committee in the conservative-led 109th Congress, chaired by Sen. Arlen
Specter (R-PA) also attempted to ask questions about the program’s
legal justifications. But Vice President Cheney personally barred him
from issuing subpoenas:
Leahy also said that while he didn’t receive the requested documents,
he did receive “a letter this morning from the Office of the Vice
President identifying some documents that would be responsive to the committee’s
subpoena.” In the letter, the administration claims the Office of
the Vice President is not part of the Executive Office of the President.
Leahy responds, “Well, that’s wrong. … [O]h, incidentally,
at least this morning, as I left Vermont, I checked the White
House Web site. And even their own Web site, this morning, at least,
says that the Executive Office — that the vice president is part
of the Executive Office of the President.”
LEAHY: The administration’s failure to comply with the Judiciary
Committee’s subpoena for its legal analysis gives me as chairman
very, very little comfort.
I received a letter this morning from the Office of the Vice President
identifying some documents that would be responsive to the committee’s
subpoena.
Now, the acknowledgement of these documents is a good first step. I
don’t know why it’s taken so long, but it’s a good
first step. And it should be followed by the administration turning
them over which, of course, is what we requested in the subpoena.
I’ve worked in good faith with this administration. I first sought
this information voluntarily. I accommodated a request for time.
But when the request for more time was simply followed by delay upon
delay, we issued subpoenas in a bipartisan vote. And even then, when
the subpoenas weren’t followed through, we gave them more time.
The time is up. The time is up. We’ve waited long enough.
Incidentally, in the administration’s response today, they claimed
the Office of the Vice President is not part of the Executive Office
of the President. So it’s some kind of fourth branch of government.
Well, that’s wrong. Both the United States Code says it is part
of the president — oh, incidentally, at least this morning, as
I left Vermont, I checked the White House Web site. And even their own
Web site, this morning, at least, says that the Executive Office —
that the vice president is part of the Executive Office of the President.
+++++
QUESTION: What is your next step to ensure this? What’s your
next step?
LEAHY: Well, I had hoped that by now they would have answered. They
haven’t. When the Senate comes back in the session, I’ll
bring it up before the committee. I prefer cooperation to contempt.
Right now, there’s no question that they are in contempt of the
valid order of the Congress.
QUESTION: Is your impression they’re dragging their feet?
LEAHY: Well, you know, a lot of these questions were asked by the former
chairman a couple years ago, and we haven’t gotten an answer.
In fact, we were about to issue subpoenas then and one of the senators
came to our meeting and said that the vice president had met with the
Republican senators and told them they were not allowed to issue subpoenas.
Not quite sure that’s my understanding of the separation of powers,
but it seemed to work at that time. Now have an issue. And interestingly
enough, I pointed out that every single one of these subpoenas, they
have been issued by a bipartisan vote. There have been no close votes
on them.
So I would hope they’d do it. And, if not, the full Judiciary
Committee will have to sit down and determine whether to seek contempt
from the full Senate.
