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Sen. Byrd is a constitutional scholar protecting
the legislative branch from White House power.
Sen. Robert Byrd (D-W.Va.), the longest-serving Democratic senator, is
criticizing President Obama’s appointment of White House “czars” to oversee
federal policy, saying these executive positions amount to a power grab by
the executive branch.
In a letter to Obama, Byrd complained about Obama’s decision to
create White House offices on health reform, urban affairs policy, and
energy and climate change. Byrd said such positions “can threaten the
Constitutional system of checks and balances. At the worst, White House
staff have taken direction and control of programmatic areas that are the
statutory responsibility of Senate-confirmed officials.”
While it's rare for Byrd to criticize a president in his own party, Byrd is
a stern constitutional scholar who has always stood up for the legislative
branch in its role in checking the power of the White House.
Byrd repeatedly clashed with the Bush administration over executive power,
and it appears that he's not limiting his criticism to Republican
administrations.
Byrd also wants Obama to limit claims of executive privilege while also
ensuring that the White House czars don’t have authority over Cabinet
officers confirmed by the Senate.
“As presidential assistants and advisers, these White House staffers are not
accountable for their actions to the Congress, to cabinet officials, and to
virtually anyone but the president,” Byrd wrote. “They rarely testify before
congressional committees, and often shield the information and
decision-making process behind the assertion of executive privilege. In too
many instances, White House staff have been allowed to inhibit openness and
transparency, and reduce accountability.”
The West Virginia Democrat on Wednesday asked Obama to “consider the
following: that assertions of executive privilege will be made only by the
president, or with the president’s specific approval; that senior White
House personnel will be limited from exercising authority over any person,
any program, and any funding within the statutory responsibility of a
Senate-confirmed department or agency head; that the president will be
responsible for resolving any disagreement between a Senate-confirmed agency
or department head and White House staff; and that the lines of authority
and responsibility in the administration will be transparent and open to the
American public.”
Obama faces a decision as early as next week on whether to support a claim
of executive privilege made by former President Bush in refusing to allow
Karl Rove, the former deputy White House chief of staff, to be deposed by
the House Judiciary Committee on the White House’s role in the 2006 firing
of nine U.S. attorneys.
Bush claimed “absolute immunity” for top advisers in resisting such
subpoenas, but Rep. John Conyers (D-Mich.), chairman of the Judiciary
Committee, filed a lawsuit over the issue. The case is on appeal, and the
Obama administration is scheduled to file a motion next week laying out its
stance on the issue.
http://www.politico.com/news/stories/0209/19303.html
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