Rep. Adam Schiff (D-Calif.) calls for the formation of a Congressional committee that would look into executive encroachments on the Constitution and the legislature, a committee that would be bipartisan and analyze past actions that have led to increased presidential power. (0:44)
The House Judiciary Committee’s hearing analyzing Congressional response to alleged actions of the Bush administration wrapped up after more than six hours of testimony and questioning. Rep. Robert Wexler (D-Fla.) said the Bush administration told aides to ignore subpoenas, an action Wexler said is in direct violation of the Congressional oversight based in the Constitution. Bruce Fein, deputy attorney general under Reagan, said the Founding Fathers established oversight so that citizens would be aware of the decisions of their leaders, adding that refusing to appear before Congress is similar to contempt and grounds for impeachment.
Fein continued, saying that Congress has voluntarily relinquished its right to checks and balances to the White House by being unresponsive to the White House’s numerous actions that warrant investigation. He also said that Congress has accepted the notion that a President can declare war without the approval of Congress, an action prohibited by the Constitution. Rep. Adam Schiff (D-Calif.) suggested that Congress form a bipartisan legal oversight committee that would investigate executive encroachments on the Constitution and the legislature. Schiff said the committee should begin functioning immediately, be bipartisan, and examine historical precedents that led to increased presidential power.
Comparisons were made between allegations against the Bush administration and the impeachment proceedings of President Nixon. Rocky Anderson, founder and president of High Roads for Human Rights, said Americans viewed Nixon’s impeachment as being based in a violation of executive trust, not necessarily violations of law. Former Rep. Elizabeth Holtzman (D-N.Y.), who served on the Judiciary Committee during the Nixon era, said bipartisan investigations were successful during Nixon hearings because the Judiciary Committee went to great lengths educating members of Congress and citizens on the Constitution and the compiled evidence.
Rep. Dan Lungren (R-Calif.) the only Republican who stayed for the entire hearing, made a closing statement in which he emphasized the difference between a “misstatement” and an “intentional misstatement.” He said it is easy to make allegations but that hindsight is not enough to assume decisions made by the White House were intentionally misleading.
