Posted by
on Saturday, March 17, 2007 10:21:47 AM
Maybe it's me. Maybe it's the lack of sleep, but I'm geting sick of hearing this non-scandal beaten like an old, dead dog. For those who have been living under a rock for the past week, there were eight US attorneys fired by the White House and the Justice department this week. It's not bad enough that the press is being disingenuous about this perfectly legal episode, but now a certain member of the Senate has stuck her foot in it, and I'm scratching my head over it. See, I don't see what she sees:A FIRESTORM has been ignited over the firings of eight U.S. attorneys, with new revelations about the Bush administration's abuses exposed on a daily basis. We now know that this isn't about some partisan "conspiracy theory" concocted by administration critics, as a Times editorial claimed on Jan. 26.
The record shows that this was a premeditated plan to remove U.S. attorneys and replace them indefinitely with others — who might not be qualified — without Senate confirmation. The means to accomplish this was a provision slipped into the 2006 reauthorization of the Patriot Act with no notice. The end result is a clear abuse of power that reaches into the highest offices of the Department of Justice and the White House, touching Atty. Gen. Alberto R. Gonzales, former White House Counsel Harriet E. Miers and presidential advisor Karl Rove.
On the Patriot Act issue, I have both the original and the reauthorization sitting in front of me via print-outs. I can't seem to find any provision in there for such a thing. Now, if I'm wrong (and you can answer this in the comments) please let me know by pointing out WHERE exactly this particular provision is. Secondly, it's up to Congress to read the bill, so I don't want to listen to the lazy @$$ fact-cat whine that she didn't know something was there. Read the bil, Senator Feinstein.
See, personally, I don't think there is a provision in the Patriot Act. Know why? Because of this:
(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.
(c) Each United States attorney is subject to removal by the President.
Abnove is 28 USC 541 on United States Attorneys. See, I think Sen. Feinstein is fibbing here because it would seem redundant to insert something into a piece of legislation that is already covered by a law on the books. And if she is lying, which I believe she is, or at the very least is stretching the truth a tad, then she's doing an even greater disservice to the people than the MSM in it's refusal to mention that in 1993 then-President Bill Clinton fired ALL 93 US Attorneys, including at least one that was investigating him in Arkansas.
Again, I said I couldn't find the provision in either the original or the reauthorized one. If anyone does find it, drop me a line in the comments with where it is, and I'll retract my accusation about her being a liar. But as things stand right now, and based on simple common sense, she's lying about the extra provision slipped in with "no notice." I can't find it, yet I have US Code in hand that says these attorneys serve at the pleasurew of the president, and they're subject to removal at his behest.
Publius II