We are the most powerful nation in the world. There is no excuse, only corruption.
Congresswoman Wants To Bring Fairness Doctrine To Cable; Hannity/Hume Spontaneously Combust
San Francisco Peninsula Press Club
Congresswoman Anna Eshoo, D-Palo Alto, said Monday she will work to restore the Fairness Doctrine and have it apply to cable and satellite programming as well as radio and TV.
“I’ll work on bringing it back. I still believe in it,” Eshoo told the Daily Post in Palo Alto.
The Fairness Doctrine required TV and radio stations to balance opposing points of view. It meant that those who disagreed with the political slant of a commentator were entitled to free air time to give contrasting points of view, usually in the same time slot as the original broadcast.
The doctrine was repealed by the Reagan administration’s Federal Communications Commission in 1987, and a year later, Rush Limbaugh’s show went national, ushering in a new form of AM radio.
Conservative talk show hosts fear the doctrine will result in their programs being canceled because stations don’t want to offer large amounts of air time to opponents whose response programs probably wouldn’t get good ratings.
Eshoo said she would recommend the doctrine be applied not only to radio and TV broadcasts, but also to cable and satellite services.
“It should and will affect everyone,” she said.
She called the present system “unfair,” and said “there should be equal time for the spoken word.” (Photo credit: Ian Port, Daily Post)
Judge Rules White House Aides Can Be Subpoenaed
WASHINGTON — President Bush’s top advisers must honor subpoenas issued by Congress, a federal judge ruled on Thursday in a case that involves the firings of several United States attorneys but has much wider constitutional implications for all three branches of government.
“The executive’s current claim of absolute immunity from compelled Congressional process for senior presidential aides is without any support in the case law,” Judge John D. Bates ruled in United States District Court here.
Unless overturned on appeal, a former White House counsel, Harriet E. Miers, and the current White House chief of staff, Joshua B. Bolten, would be required to cooperate with the House Judiciary Committee, which has been investigating the controversial dismissal of the federal prosecutors in 2006.
While the ruling is the first in which a court has agreed to enforce a Congressional subpoena against the White House, Judge Bates called his 93-page decision “very limited” and emphasized that he could see the possibility of the dispute being resolved through political negotiations. The White House is almost certain to appeal the ruling.
It was the latest setback for the Bush administration, which maintains that current and former White House aides are immune from congressional subpoena. On Wednesday, the House Judiciary Committee voted along party lines to recommend that Karl Rove, a former top political adviser to President Bush, be cited for contempt for ignoring a subpoena and not appearing at a hearing on political interference by the White House at the Justice Department.
Although Judge Bates did not specifically say so, his ruling, if sustained on appeal, might apply as well to Mr. Rove and his refusal to testify.
The House has already voted to hold Ms. Miers and Mr. Bolten in contempt for refusing to testify or to provide documents about the dismissals of the United States attorneys, which critics of the administration have suggested were driven by an improper mix of politics and decisions about who should, or should not, be prosecuted.
Judge Bates, who was appointed to the bench by President Bush in 2001, said Ms. Miers cannot simply ignore a subpoena to appear but must state her refusal in person. Moreover, he ruled, both she and Mr. Bolten must provide all non-privileged documents related to the dismissals.
Ms. Miers and Mr. Bolten, citing legal advice from the White House, have refused for months to comply with Congressional subpoenas. The White House has repeatedly invoked executive privilege, the doctrine that allows the advice that a president gets from his close advisers to remain confidential.
In essence, Judges Bates held that whatever immunity from Congressional subpoenas that executive branch officials might enjoy, it is not “absolute.” And in any event, he said, it is up to the courts, not the executive branch, to determine the scope of its immunity in particular cases.
“We are reviewing the decision,” Emily Lawrimore, a White House spokeswoman, said. Before the decision was handed down, several lawyers said it would almost surely be appealed, no matter which way it turned, because of its importance.
Democrats in Congress issued statements in which they were quick to claim victory in the struggle with the administration over the dismissals of the federal prosecutors and other occurences in the Justice Department, and that they looked forward to hearing from the appropriate White House officials.
“I have long pointed out that this administration’s claims of executive privilege and immunity, which White House officials have used to justify refusing to even show up when served with congressional subpoenas, are wrong,” said Senator Patrick J. Leahy, Democrat of Vermont who is chairman of the Senate Judiciary Committee.
Mr. Leahy’s House counterpart in the House had a similar reaction.
“Today’s landmark ruling is a ringing reaffirmation of the fundamental principle of checks and balances and the basic American idea that no person is above the law,” said Representative John D. Conyers, the Michigan Democrat who is chairman of the House Judiciary Committee.














