Dems talk tough on subpoenas

By Libby Spencer

Having been disappointed by the Democrats' failure to live up to their tough talking rhetoric one too many times, I'm not keen to take too much encouragement from their latest salvo fired at the White House over the White House refusal to comply with Congressional subpoenas but one lives in hope that this time they'll follow through.

The chairmen of the House and Senate Judiciary committees yesterday ratcheted up their fight with President Bush over documents on the firing of U.S. attorneys, sending the White House a barbed letter demanding that the president back down from a claim of executive privilege -- or give Congress a detailed explanation for withholding each document.

The committee chairmen told the White House to provide a signed letter from Bush asserting executive privilege, as well as a description of each withheld document, a list of who has seen the documents, and the legal basis for arguing that they may be shielded from public view.

That sounds pretty heartening to those of us who have been pleading with the Dems to use the power we gave them in 06 to its utmost advantage but there's always that qualifying disclaimer that plants the seeds of the doubt.

Neither Leahy nor Conyers, whose panels are leading the investigation into the Justice Department and the firings, have said how far they intend to pursue the matter legally. Their letter says they "will appropriately enforce our subpoenas backed by the full force of the law."

Well, the full force of the law allows them to ultimately "find the president in criminal contempt and to refer the matter to a federal prosecutor with a recommendation to issue an indictment." This is exactly what needs to happen but the question remains whether the Dems can find the courage to stand up against the GOP's inevitable bleating about partisan witch-hunting and proclamations of political doom and get the job done.

So far, the answer has never been yes and considering the party's recent rhetoric on impeachment, I'm not holding my breath waiting for them to follow through here either. I'll believe it when I see it.

(Cross-posted at The Impolitic.)