Brad Miller: “I am not overly concerned by what the courts ultimately decide executive privilege covers. The Bush administration's…”

“I am not overly concerned by what the courts ultimately decide executive privilege covers. The Bush administration's claim of executive privilege here goes well beyond any privilege ever recognized by any court decision, but the Republic can obviously survive a court decision on the narrow question of the exact extent of executive privilege. But, Madam Speaker, the courts must decide. The President cannot decide by decree. The President cannot announce with absolute, unreviewable authority what information the administration will provide or withhold. The Framers of our Constitution had just fought a war against an autocratic King. It is inconceivable that they intended to create an executive with the powers that the Bush administration now claims and that the minority now supports. For the entire history of our Republic, our courts have recognized that Congress needs information to carry out our constitutional duties, to decide what the laws should be, to decide what to appropriate Federal funds for, and that we cannot rely on information that is voluntarily, cheerfully provided. Congress must have the power to require information, including information that the President does not want to provide, that the President sees as inconvenient or embarrassing. We must inquire into the need for new laws. We must inquire into how existing laws are being administered.”