NY Times Endorses Use of Inherent Contempt to Pursue Investigations of Bush Administration

Brian Zick

The editors of the New York Times state: The White House’s extreme position could lead to a constitutional crisis. If the executive branch refused to follow the law, Congress could use its own inherent contempt powers, in which it would level the charges itself and hold a trial. The much more reasonable route for everyone would be to proceed through the courts. This showdown between a Democratic Congress and a Republican president may look partisan, but it should not. In a year and a half, there could be a Democratic president, and such extreme claims of executive power would be just as disturbing if that chief executive made them. Congress should use all of the tools at its disposal to pursue its investigations. It is not only a matter of getting to the bottom of some possibly serious government misconduct. It is about preserving the checks and balances that are a vital part of American democracy.

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