After refusing to appear voluntarily, Karl Rove has been subpoenaed to testify before the House Judiciary Committee regarding the politicization of the Department Of Justice and the prosecution of former Alabama Governor Don Siegelman . Previously it was noted in an Article entitled “WILL MUKASEY APPOINT A SPECIAL PROSECUTOR OR IS HE ANOTHER GONZALES?” posted Tuesday, April 01, 2008 as follows;

"Siegelman after serving nine months in Federal Prison has been released on bond by the 11th Circuit Court of Appeals pending resolution of his appeal. This conviction and others is under investigation by the House Judiciary Committee for the practice of targeting Democrats by the Bush Justice Department. Jill Simpson a Republican attorney who had worked for Mr. Siegelman’s opponent in the 2002 election, which Siegelman lost by 2300 votes, has given a sworn affidavit stating that an associate of Karl Rove had assured her that Mr. Rove and two U.S. Attorney were “going to take care of Mr. Siegelman.” Forty four states attorneys general signed a petition urging the Judiciary Committee to investigate the prosecution, conviction and detention of Mr. Siegelman in that there were allegations of jury tampering and other irregularities connected with his trial and conviction.”

Rove has been subpoenaed to testify before the Committee on July 10, 2008. Rove who is a private citizen is represented by Robert Luskin Esq. of Patton Boggs LLP. Previously Harriet Miers, the former Presidential Counselor and Fred Fielding Bush’s Chief of Staff were subpoenaed and failed to appear on a similar issue. The Attorney General refused to enforce the subpoenas by a criminal contempt action and the matter is now the subject of a civil contempt suit filed in Federal District Court. They are being defended by the Justice Department under the theories of Executive Privilege and Separation Of Powers . Rove through his attorney has claimed the same protections.

I t now remains to be seen if Rove will appear or like Miers and Fielding, not appear at all, not even to refuse to answer question on the basis of privilege.

Executive Privilege is an unlikely defense. No allegation was made in correspondence between the Committee and Mr. Luskin that Mr. Rove’s testimony was related to advice given the President and therefore it is doubtful the privilege would apply. The Separation Of Powers defense is weak and not well taken.

Also even in instances where Executive Privilege might apply there is a balancing test weighing the need for privilege over the need for the information to formulate necessary legislation.

These defenses, in the immortal words of John Nance Garner, (are) "not worth a warm bucket of piss."

However, Mukasey and the members of the Federalist Society on the bench will protect him. If not then Bush will pardon him.

Mr. Rove could finally face justice for his actions if Obama is elected President and a new Attorney General is appointed. However as said Bush will pardon him before leaves the White House.

Labels: Karl Rove