Congress – to make laws
Executive Branch – to enforce laws
Judicial Branch – to interpret laws and force equal enforcement of laws
24 April 2013
In a dispute over whether the Executive Branch must release internal documents that may implicate members of the Department of State, Department of Justice (specifically the ATF) and other members of the Executive branch; Ian Gershengorn stated the issue is best left to the give and take of the US government’s two elected branches and should not be a matter for the courts.
Mr. Gershengorn is the attorney representing the Obama administration, who is withholding release of said documents to the Congressional Oversight Committee. Without asking the obvious question of how an oversight committee can oversee if they are not give documents related to the questionable actions; how does Mr. Gershengorn expect the impasse to be fixed? Congress has issued a subpeona for the documents. Congress has threatened to cut off funding if the rebuke continues. Neither has caused much more than dead trees and wasted electrons in emails.
Now lets discuss the root of this issue by looking at a different crime scene.
Lets say you have committed murder. Lets say all the evidence collected at the crime has been deposited in your hands. Then lets say the police come with hat in hand and request you turn over the evidence so they can thoroughly review it. How would you respond?
They threaten you with a subpeona (that has no enforcement clause / consequence).
They threaten to cut you off from your twinkie budget. (read as no consequence).
We have seen the administration’s response. Lie, delay, debate the meaning of the word “is”, campaign, demagogue. This is possible because there is not consequence without Judicial intervention.
Or we could look at it from the side of if you did co-operate.
You turn over the documents.
The documents show conspiracy to commit the crime.
The documents show who, where, when and even show why.
The documents also show conspiracy to cover up the crime; including who, where, when and why.
You and all your co-conspirators go to JAIL and these links flow to links in other chains / other conspiracies… putting more of your co-conspirators in jeopardy of jail … and has a very quenching effect on your administration, its actions, its “accomplishments and the all important “legacy”.
Do you wonder why they chose the path of denial and demagogory?
Does this crystalize why My Gershengorn is positing for the status quo- lobbying for stalemate – leading a campaign to continue the documentation pogrom?
I give appropriate credit to the judge who is hearing the complaint.
U.S. District Judge Amy Berman Jackson was skeptical and told Gershengorn, “There are three branches here, not just two.” She did not say how she would rule, but questioned Gershengorn for more than twice as long as she did House of Representatives lawyer Kerry Kircher.
Judge Jackson also suggested that without Judicial intervention, the Executive would have zero reason to give up incriminating documents and zero consequence for failure to obey the law.
Ladies and gentleman, we have an Obama appointee to the court system who seems to have read the Constitution and to have some ability to comprehend it. Not to mention having an appreciation for the need for consequences, seeing as all men are not bound by concepts like: duty, honor, sincerity or THE LAW.