Thursday, February 28, 2013

At some point in time, Senator Wyden has to come to terms with the fact Executive Privilege is just that and proceed with the nominee's vote. 

Does it matter if there is a change in candidate? The information is still under Executive Privilege.



WASHINGTON | Wed Feb 27, 2013 7:10pm EST
The committee's (click here) Republican vice chairman, Senator Saxby Chambliss of Georgia, said the panel expects to hold the vote on Tuesday.

No explanation for the delay was immediately available. However, the Obama administration has been at odds with members of the committee's Democratic majority over White House unwillingness to disclose some highly classified legal documents related to "targeted killings," including the use of lethal drone strikes against suspected militants....

...Senator Ron Wyden of Oregon, a key committee Democrat who had indicated earlier his preference that the vote not be held until the administration made additional disclosures, said late on Wednesday he was still not satisfied with what the White House had provided.

"Americans have a right to know when their government believes it is allowed to kill them, (It would seem not in this case because it involves national security.) and that's what getting these documents" is about, Wyden said.

"I've made it very clear to the White House that we need those legal analyses before we vote," Wyden said. But he added: "There is certainly additional time to work this out."

The information is too sensitive. The program cannot risk leaks. The Congress does not have the right to dominate the power of the country's Commander and Chief role. The Congress just doesn't. As a matter of fact, the President can conduct war for 90 days without a vote by the Congress.

Presidents can claim executive privilege to withhold documents or to prevent members of the executive branch from testifying in order to protect their communications. The reasoning goes that the president’s advisers must be able to offer advice freely and without fear of censure.

The Executive Branch has been as accommodating as they can and it will have to be enough. Congress can conduct their own studies and legislate the context in which a military program is deployed. It can issue a White Paper. I suggest they get on with it. There is a chance when legislation is conducted, it might still be unconstitutional. There is separation of powers.