Rep. Heather Wilson pries open the White House

Senator Arlen Specter held a widely publicized and fully televised and thunderously self-important hearing on Monday into the National Security Agency's warrantless domestic surveillance program. Attorney General Alberto Gonzales, the sole witness, answered virtually all questions by stating the administration's often-repeated position that to disclose operational details of the program would aid the enemy.

Then, on Wednesday, Rep. Heather Wilson of New Mexico quietly brought the White House to its knees and to Capitol Hill for a four-hour classified briefing on the operational details of the NSA program.

Senator Specter concluded his hearing Monday by weakly urging the attorney general to submit the NSA program to the Foreign Intelligence Surveillance Court for a review of its legality.

Rep. Wilson didn't hold a hearing and didn't need a court.

What happened?

Rep. Wilson is the chairwoman of the House intelligence subcommittee with oversight of the NSA. She has the power to subpoena documents and force officials to testify.

Senator Specter is chairman of the Senate Judiciary Committee, and he has subpoena power, too. He could have called the White House and quietly informed the administration that he was prepared to use that power to compel the production of documents and testimony.

Instead, he held a pompous public hearing where the senators and the attorney general could pull out their rulers and measure who loved freedom more.

Rep. Wilson simply let it be known, calmly and quietly, that she was breaking with the administration and wanted the full House Intelligence Committee to be briefed on the NSA program.

Which they were. The same day. After nearly two months of stonewalling.

All the GOP committee chairmen have it in their power to subpoena the White House. There actually is no such thing as a president's right to confidential advice. There actually is no such thing as executive privilege. It's all bluff and bluster, as Rep. Heather Wilson just demonstrated in elegant fashion.


Copyright 2006

Editor's note: The book to read on this subject, before you let someone you love claim executive privilege, is Executive Privilege: A Constitutional Myth by Raoul Berger (1974, Harvard University Press). You might also be interested in these earlier posts: "Senate Republicans fire the big gun" and "Mr. Rumsfeld's Mythical Privilege."

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