Friday, September 21, 2007

All my trials, Lord, soon be over















It seems Dan Rather is pissed:
Mr. Rather, 75, asserts that the network violated his contract by giving him insufficient airtime on “60 Minutes” after forcing him to step down as anchor of the “CBS Evening News” in March 2005. He also contends that the network committed fraud by commissioning a “biased” and incomplete investigation of the flawed Guard broadcast and, in the process, “seriously damaged his reputation.”

His former producer Mary Mapes adds this (from HuffPo):
We reported that since these documents were copies, not originals, they could not be fully authenticated, at least not in the legal sense. They could not be subjected to tests to determine the age of the paper or the ink. We did get corroboration on the content and support from a couple of longtime document analysts saying they saw nothing indicating that the memos were not real.

Instantly, the far right blogosphere bully boys pronounced themselves experts on document analysis, and began attacking the form and font in the memos. They screamed objections that ultimately proved to have no basis in fact. But they captured the argument. They dominated the discussion by churning out gigabytes of mind-numbing internet dissertations about the typeface in the memos, focusing on the curl at the end of the "a," the dip on the top of the "t," the spacing, the superscript, which typewriters were used in the military in 1972.

It was a deceptive approach, and it worked.

These critics blathered on about everything but the content. They knew they would lose that argument, so they didn't raise it. They focused on the most obscure, most difficult to decipher element of the story and dove in, attacking CBS, Dan Rather, me, the story and the horse we rode in on -- without respite, relentlessly, for days.

But here's the deal: In Clinton v. Jones, the Supremes decided that Pres. Clinton had to testify. No executive privilege applied, he had to appear before the Grand Jury.

Here's the money quote from Clinton v. Jones:
In sum, "[i]t is settled law that the separation of powers doctrine does not bar every exercise of jurisdiction over the President of the United States." Fitzgerald, 457 U. S., at 753-754. If the Judiciary may severely burden the Executive Branch by reviewing the legality of the President's official conduct, and if it may direct appropriate process to the President himself, it must follow that the federal courts have power to determine the legality of his unofficial conduct. The burden on the President's time and energy that is a mere by product of such review surely cannot be considered as onerous as the direct burden imposed by judicial review and the occasional invalidation of his official actions. [n40] We therefore hold that the doctrine of separation of powers does not require federal courts to stay all private actions against the President until he leaves office.

Indeed. So what?

It means GWBush can be subpoenaed and made to testify about his Texas Air National Guard service.

The Supremes have decided that that POTUS is not exempt from civil litigation.

He can be made to testify.

"Did you indeed shirk your TANG duty, Mr. Bush?"


Hmm?

Gotcha, you bastard!