Another Option

Whether the special prosecutor should or should not take the lead, and litigate to release these documents to the Congress is a separate issue. The Congress could, again, seek Fitzgerald's assistance, and ask that he, as special prosecutor, request court assistance in providing information Fitzgerald has to the Congress. This was done during Nixon:

"Here at issue is the production or nonproduction of specified evidence deemed by the Special Prosecutor to be relevant and admissible in a pending criminal case. It is sought by one official of the Executive Branch within the scope of his express authority; it is resisted by the Chief Executive on the ground of his duty to preserve the confidentiality of the communications of the President. Whatever the correct answer on the merits, these issues are "of a type which are traditionally justiciable...."

- Does Fitzpatrick imagine that the evidence in the Vice President's testimony remains admissible?

- Does Fitzpatrick have any plan to ask Congress for new authority to re-open a criminal investigation?

- Has Congress considered the option to independently impeach to circumvent the President's efforts to thwart an investigation of the Vice President's recorded statements?

President Has No Power To Shield Legislative Officers

There's been some confusion which branch the Vice President resides.

Where does the AG or President get "power" to request or extend Executive privilege beyond the President, to the Vice President and into the bowels of the Legislature and FBI interviews during a criminal proceeding? That is illusory.

Why is the AG asking for Presidential protection of a Vice-Presidential record? Addington said the Vice President was attached to the Legislative Branch.

Unlawful Combatants

DOJ OLC memos well articulate the risks that US personnel, not subject to lawful orders, could be prsoecuted as war criminals. Is the Vice President moving between branches, not constrained by any law? Then his orders are inherently unlawful, disconnected with law; and anyone following his direction could be prosecuted as an unlawful combatant.

Eliminate VP Salary, OVP Appropriations

If the Vice President isn't passing on any orders, then he doesn't need a budget. Let's close OVP. He can pass the information to the White House. Send them home. Let Cheney find an office in the Congress, where he supposedly, under the Constitution, is assigned.

Congress isn't obliged to give him any money. Only the President's salary may not be cut. Include in the Appropriations bill, not as an Amendment, language that would zero-out the funds for OVP. If the President will not provide the transcripts, the OVP gets no money.

Refused To Assert Right To Silence

The Vice President voluntarily waived his right to silence when he volunteered to respond to FBI questions. This is a problem for the Vice President. He was never provided any assurance the information would remain suppressed. He knew, or should have known, anything he said could be presented before a grand jury. The time to shield the information was before the interview started by invoking his right to silence, not after the horses have left the barn.

Speculative

Mukasey's letter to the President is non-sensical, equating (1) a legal requirement to cooperate with the FBI, or invoke the right to silence; with (2) whether or not the evidence of that cooperation or non-cooperation is or isn't provided:

"Such a production would chill deliberations among future White House officials and impede future Department of Justice criminal investigations involving official White House conduct."

It is speculative anyone, after disclosure of this transcript, would or would not impede a future FBI investigation of White House officials. No one can credibly argue, "This evidence might be disclosed, so I'm going to violate the law, not cooperate, and obstruct justice." That's a subsequent offense, not a defense.

Investigations Are Not Deliberations

When White House officials "deliberate" they are not under investigation; nor are FBI agents conducting a criminal investigation. Whether the transcript is or isn't released has no relationship with lawful White House deliberations.

These are not "internal" executive branch activities, but part of the record in a judicial proceeding during a criminal trial. Arguably, these transcripts are not exclusive Presidential records, but part of court documents, part of the public record, and should be available to anyone.

Failure To Exercise Right To Silence

It is required for White House officials to either cooperate or invoke their 5th Amendment. That question is separate from today's issue. The transcripts stand alone; the legal obligation of White House officials stands regardless whether the transcripts are or are not released.

No one in government should believe they could be subject to an FBI interview and forever hide the evidence contained within that FBI interview, transcript, or record. They had the right to silence, and refused to exercise that right. Speaking to the FBI isn't a form of amnesty, absolution, pennance, or confession. It's evidence.

The Vice President knew or should have known the FBI agents, when they learn of evidence, could or would present this to a criminal trial. The VIce President, on assertion alone, would like others to believe he cooperated. After the WMD lies and 17 visits to the CIA, why should we believe him? Libby lied about something.

Rewarded Non-Cooperation: A Catalyst For New Governance

Let's find out what the Vice President said. If he refuses to cooperate, let's discuss a new system of governance that will constrain the President and Vice President in novel ways: Something more interesting and lawful than the statutes, Congress, or the Court: The Constitution.

Second attempt:

AG Letter on Plame Investigation Documents Demostrates Lack of Comity

James Comey for Special Prosecutor -especially regarding the illegal compromising of the Brewster Jennings network - this was nothing short of treason..