Ball In Obama's Court On Rove's US Attorney Testimony-Rove's lawyer has forwarded subpoena to OBAMA

[kpete]

Ball In Obama's Court On Rove's US Attorney Testimony
By Zachary Roth - January 27, 2009, 1:04PM

And just now, Rove's lawyer, Robert Luskin, told TPMmuckraker that he had already forwarded Conyers' subpoena to the Obama White House, asking them to give an opinion as to whether President Bush retains his ability to assert executive privilege.

In other words, the Obama White House will decide, essentially, whether to back Rove's claim of privilege, or to deny it. (And given that Rove is supposed to appear February 2, that decision from the White House should come soon.) In the latter case, said Luskin, a negotiation would ensue between the Obama White House, President Bush, and Rove. That would likely result in the matter going to court.

That's not the only strand of the effort to uncover information about the firings on which Obama will likely have a major say. Conyers is also seeking testimony on the matter from fomer White House officials Harriet Miers and Josh Bolten, who, like Rove, are relying on Bush to claim executive privilege. That case is in court, and the Obama White House is scheduled to file an appeal brief February 18th. That brief may make clear whether it backs the privilege claim for Miers and Bolten, and could help determine the case.

Obama's executive order on presidential records, issued last week, suggests that his White House believes that former presidents do not retain their right to assert executive privilege. But that doesn't mean it's a sure thing that Obama won't uphold Rove's claim, and/or Miers and Bolten's. Either way, we should soon find out.

http://tpmmuckraker.talkingpointsmemo.com/2009/01/ball_in_obamas_court_on_roves_us_attorney_testimon.php

[spanone]

1. i don't think President Obama's job is to interpret law for karl rove.

[Wapsie B]

3. That should be Eric Holder's call, not Obama's.

[LakeSamish706]

4. Except Holder is not AG yet.. n/t

[peacetalksforall]

6. I see this as a big legal problem if he's not. But, I'm not a lawyer .

[Why Syzygy]

2. WTF? Hell, no! He's not the freaking

executive in thief any more! These guys ...

[LakeSamish706]

5. Question to all here.... Could President Obama appoint Holder as acting...

AG at this point?

[KansDem]

7. You mean, by way of "presidential directive?"

I've heard it's been used before for a variety of reasons...hmmmm :think:

[LakeSamish706]

8. I guess any way he can until Holder is confirmed is what I meant... n/t

[rateyes]

11. Not while Congress is in session. nt

[mod mom]

9. Are you allowed to "forward a subpoena"? God I hope rove faces the justice he attempted to subvert.

[cap]

10. what if obama does nothing?

Doesn't rule one way or another, but just lets the subpoena stand? He doesn't establish any precedent that can be used against him and doesn't let rove off the hook.

[Gin]

12. maybe Obama should send it back.......Rove needs to testify

under oath.

[MiniMe]

13. Seems like this is something that the courts should decide

[malaise]

14. Have no fear

President Obama was a Constitutional Law Professor. Rove is up shit creek without a paddle.

[joeunderdog]

15. Burden is on ROVE to lay a legal case that he doesn't need to obey.

If not, then jail him for contempt this time. Since when does he determine the process of how it gets decided whether he should obey a subpoena? If I was the White House, I'd reply that they have no jurisdiction over that decision, and Rove should go pound sand.

Game over, Karl. You have to play by the rules now.