Friday, July 4, 2008

Doug Kmiec has crossed the line

Pepperdine Law School Dean Douglas W. Kmiec has crossed over to the dark side. He announced a few months ago that he now supports Barack Obama. Today, in the Orange County Register, Kmiec argues that executive privilege does not apply to subpoenas issued to Harriett Miers and Josh Bolton in the firing of federal prosecutors. But presidents have always ben able to fire such prosecutors at will without explaining why. There is no reason to apply different rules to Bush. 

Congress wants Miers and Bolton to testify publicly, under oath, for political reasons. They hope to embarrass them or Mr. Bush or b9th. The president has offered to allow Miers and Bolton to testify privately. If Congress just wanted information it could have had that by now. (Actually, it most likely already has any information that Miers or Bolton could supply.) That isn't what Congress wants. Congress wants a dog and pony show. Kmiec is wrong.

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