Mukasey Says No To Grand Jury, On To Civil Lawsuit

It seems that Mukasey is holding to his belief that a person can do anything if someone in the Justice Department tells them it’s ok:

In his letter, received by the House early Friday evening, Mukasey pointed out that not only was Miers directed not to testify, she also was immune from congressional subpoenas and was right to not show up to the hearing to which she had been summoned.

“The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president’s claim of executive privilege,” Mukasey wrote, quoting Justice policy.

Not suprisingly, the reasoning behind his decision comes from a Justice Department legal opinion in 1984 under Reagan. In response, Speaker Pelosi has directed the Judiciary committee to file a civil enforcement action (via TPM). The legal opinion of 1984 has not been tested in courts, it looks like it might be now.