January 09, 2007
Really, with Bush's override-proof veto power and a one-seat majority in the Senate, the Dems are going to have a pretty difficult time passing any kind of meaningful legislation. So the next two years are going to amount to merely impeding and harrassing the President wherever and whenever possible.
That's where Fielding comes in:
It's hard to imagine a more experienced choice than Mr. Fielding on the subject of executive power. As deputy White House counsel from 1972 to 1974, he witnessed the modern low tide of Presidential authority as Richard Nixon was besieged by Watergate. And as Ronald Reagan's counsel from 1981 to 1986, he had to cope with a Democratic House that unleashed special prosecutors on the executive branch.So let Rep. Henry "Nostils" Waxman and his merry band of litigious buffoons take their best shots.
The "independent counsel" law has happily expired, but this Congress will be looking to assert itself in particular on war powers. Mr. Fielding understands the importance of fighting off such poaching--for the sake of Mr. Bush and the Office of the Presidency. This ought to mean recommending that Mr. Bush veto any weakening of last year's law on military tribunals, as well as resisting any further delegation of executive power to the judiciary for approving warrantless wiretaps of al Qaeda.
The question of responding to the avalanche of subpoenas will be more politically delicate. Congress has every right to conduct oversight of the executive branch, and the White House will be obliged to supply numerous documents. However, the principle of executive privilege is vital to Presidential decision-making, and preserving the privacy of that deliberative process will be one of Mr. Fielding's primary tasks.
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