Miers Won’t Even Show Up to “Not Recall” Who Fired Those Attorneys

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President Bush has instructed former White House counsel Harriet Miers to defy a congressional subpoena [PDF] requiring her to testify at tomorrow’s hearing on the controversial firings of eight United States attorneys. A letter from Miers’ lawyer to House Judiciary Committee chair John Conyers (D-Mich.) confirmed that the onetime Supreme Court nominee will definitely be a no-show.

Bush’s instructions could prove troublesome for both Miers and the White House. Miers, as a private citizen, could easily find herself slapped with contempt charges (and thrown in jail for up to a year) for defying the subpoena. The president could face even greater problems: One Talking Points Memo reader has dug up a law that seems to say that the president’s order to defy the subpoena was itself illegal.

The bigger problem for Miers, as Conyers explains in a letter posted to Nancy Pelosi’s blog, is that the subpoena represents a legal obligation to at least appear in front of Congress, while the president’s instruction carries no such legal weight. Miers would have some more wiggle room if she followed the example of former White House political director Sara Taylor. Taylor, whom Wonkette called the love child of Monica Lewinsky and Linda Tripp, showed up to testify yesterday but refused to answer many of the committee’s questions. There’s a very convoluted scenario under which this latest debate over executive privilege could wind up before the Supremes, whose ranks Miers once hoped to join. It’s fun to ponder: Would Sam Alito have to recuse himself?

—Nick Baumann

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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