NASHVILLE, Tenn. — If Alberto Gonzales survives a growing loss of support on Capitol Hill, the standoff between the executive branch and Congress over whether to require sworn testimony from Bush aides is not likely to reach the courts, according to Vanderbilt University judicial expert Stefanie Lindquist.
“These conflicts about executive privilege are often settled by negotiation,” said Lindquist. “Congress and the White House are playing a game of chicken right now because neither side wants to risk having the courts set new precedent about the issue of executive privilege.”
Gonzales, the U.S. attorney general and longtime Bush adviser, is facing harsh criticism from Congress over the dismissal of eight U.S. attorneys. Gonzales has said that he did not take part in the discussions over the firings.
Lindquist noted that the U.S. attorneys are always political appointees who are expected to follow the president’s agenda and to be evaluated on that basis. On the other hand, the public should be reasonably concerned about prosecutorial discretion and whether any inappropriate pressure was put on that discretion by the White House.
Lindquist is a professor of political science and law and co-author of the book Judging on a Collegial Court: Influences on Appellate Court Decision Making.
Media contact: Ann Marie Deer Owens, 615-322-NEWS
Annmarie.owens@vanderbilt.edu