Sam Stein

Siegelman To White House Counsel: Don't Compromise With Rove

February 16, 2009 03:24 PM

http://www.huffingtonpost.com/2009/02/16/siegelman-to-white-house_n_167355.html

One of the likely victims of potential Bush White House lawbreaking 
is urging President Barack Obama not to compromise with Karl Rove as 
a means of compelling him to testify before Congress.

Former Alabama Gov. Don Siegelman, who was arrested on corruption 
charges alleged to be politically-motivated, offered a critical 
reaction to news that Obama's chief counsel, Greg Craig, was 
considering cutting a deal with Rove in exchange for his testimony.

"This is not a matter involving civil damages. It is a matter of high 
crimes, abuse of power, the subversion of our country's constitution 
and of our individual rights and liberties," Siegelman wrote the 
Huffington Post. "There should be no deal cut with Karl Rove that 
would provide him with any immunity whatsoever. There is too much at 
stake. U.S. Attorneys were fired because they wouldn't take on 
political cases and the DOJ was used as a political weapon to destroy 
people Karl Rove wanted out of the way. For Rove not to be held 
accountable means others in the future will feel more free to abuse 
power.

"The U.S. Supreme Court has made it clear that Congress has the right 
to get the testimony it needs when investigating a criminal matter. 
It is equally clear that executive privilege protects advice given to 
the President if it involves matters of military or diplomatic 
secrets.

"Rove, therefore, has no place to hide when it comes to questions of 
his abuse of the Department of Justice."

Late last week, Craig put out a statement encouraging Rove and 
Congress to reach a deal that would be "sympathetic to those who want 
to find out what happened" without damaging the "institution of the 
presidency."

Such an arrangement could mean granting Rove immunity in exchange for 
candidness -- something Siegelman opposes. But it could also simply 
be an acknowledgment that executive privilege continues to apply to 
certain topics and not others, saving Rove from discussing more 
sensitive matters while forcing him to be forthcoming on other topics.

If the latter is the case, Siegelman should feel a bit of relief. In 
an interview with The Raw Story, Rove's lawyer, Robert Luskin, said 
that his client did not appear to be protected by executive privilege 
from testifying on his alleged ties to the "Siegelman matter."

"The only basis that Rove has ever declined to appear has been the 
White House claim of immunity for senior advisers to the president 
and executive privilege," said Robert Luskin. "I do think that it's 
clearer now that the Siegelman matter falls outside the scope of the 
former claim and, on that basis, I offered to have Rove appear on 
this matter."
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