[Congressional Record Volume 154, Number 26 (Friday, February 15, 2008)]
[Extensions of Remarks]
[Page E207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR ADOPTION OF H. RES. 979, RECOMMENDING THAT HARRIET MIERS 
AND JOSHUA BOLTEN BE FOUND IN CONTEMPT OF CONGRESS, AND ADOPTION OF H. 
    RES. 980. AUTHORIZING COMMITTEE ON THE JUDICIARY TO INITIATE OR 
     INTERVENE IN JUDICIAL PROCEEDINGS TO ENFORCE CERTAIN SUBPOENAS

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                               speech of

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                      Thursday, February 14, 2008

  Mr. BERMAN. Madam Speaker, I rise in strong support of this 
resolution. Many Americans are frustrated and angry because they 
believe that this administration is not being held to account for its 
actions. Now, after 7 years, much of the public turns this frustration 
at Congress because it is the branch with the responsibility for 
oversight.
  Last year, the House Judiciary Committee undertook a very serious 
investigation into allegations that a number of key law enforcement 
officers in our country--United States attorneys--were being fired for 
their unwillingness to respond to political pressure in various cases. 
This led to information about other actions that were clearly 
politicizing the work of the Department of Justice. You will hear 
people on the other side talk about the investigation wasting time. 
This was no fishing expedition. The fact is that the revelations from 
this investigation led to the resignation of the Attorney General of 
the United States.
  We are here today because this administration responded to a 
legitimate investigation--the exercise of our oversight duty--by 
stonewalling in the extreme. The disrespect shown to this body has been 
stunning, culminating in the fact that when the committee subpoenaed 
the testimony of Harriet Miers, neither she nor her attorney bothered 
to even show up to assert the privilege she claimed.
  To justify the administration's behavior, the President has asserted 
an astonishingly broad theory of executive privilege which claims that 
any document or information from any individual who has ever worked for 
the President is covered and therefore immune from being compelled to 
testify before Congress. This view of executive privilege may be 
unprecedented in our history, and if accepted, it would chill any 
meaningful oversight of the executive branch and grant near limitless 
power to the President to hide information from Congress, the courts, 
and the American people.
  The utter contempt shown by this administration toward Congress and 
its constitutional duties is unacceptable, and to permit these actions 
to stand unchallenged would be an abrogation of our constitutional 
responsibility.
  Approving these contempt resolutions would send a strong message to 
the administration that Congress will not be ignored. At the end of the 
day, whether civil or criminal action is successful, our most important 
goal should be getting to the truth.
  If we do not respond to the administration's disregard of the 
legislative branch, we risk rendering permanent damage to our own 
institution and to this country's cherished system of checks and 
balances. Failure to act will also set a dangerous precedent that 
future administrations will almost assuredly seek to exploit. To my 
colleagues on the other side who are trying to dismiss these 
resolutions as partisan--I urge you not to be shortsighted. This is not 
a partisan issue. It is a matter that strikes at the heart of our 
democracy and the checks and balances on which it depends.
  Congress has been eminently patient in awaiting the President to 
provide information on the U.S. attorneys scandal. Yet, rather than 
work with us to get to the bottom of wrongdoing in his administration, 
the President has continued his pattern of actively hiding possible 
evidence of illegal behavior by high-ranking officials in his 
Government and stonewalling any inquiries to get to the truth. Because 
it is each Member's very responsibility to support and defend the 
Constitution, we have absolutely no other choice than to pursue this 
action against the President's Chief of Staff and his former chief 
legal counsel. I urge my colleagues to vote ``yes.''

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