Bush Demands Freedom to Torture

But in that letter, Clement took an expansive view of a privilege that many scholars say is actually quite limited. And he further argued: "Congressional interest in investigating the replacement of U.S. Attorneys clearly falls outside its core constitutional responsibilities, and any legitimate interest Congress may have in the disclosed communications has been satisfied by the Department's extraordinary accommodation involving the extensive production of documents to the Committees, interviews, and hearing testimony concerning these communications."

White House Counsel Fred Fielding then cited Clement's letter as the rationale for his assertion that Rove was absolutely immune from congressional oversight.

When Leahy asked Mukasey if he would review the underlying legal opinion once he became attorney general, Mukasey said he would.

What's Next

No further action on the contempt citation is expected anytime soon. The House Judiciary Committee cited Bolten and former White House counsel Harriet E. Miers for contempt in July, but nobody is expecting floor action by either chamber until at least late January.

And yet, the White House's blithe assertion of its prerogatives is sure to reignite debate over one Congressional option that doesn't depend on Justice Department cooperation.

As Adam Cohen wrote in a New York Times opinion piece earlier this month: "If the Justice Department refuses to enforce the subpoenas, as seems likely, Congress will have to decide whether to do so. Washington lawyers are dusting off an old but apparently sturdy doctrine called 'inherent contempt' that gives Congress the power to bring the recalcitrant witnesses in -- by force, if necessary."

Poll Watch

Jennifer Agiesta and Jon Cohen write in The Washington Post that "a new Washington Post-ABC News poll finds discontent toward the war easing slightly, with Republicans and independents significantly more positive about the situation than they were 12 months ago.

"Baseline judgments about the war are unchanged -- six in 10 in the poll said the war is not worth fighting -- but the public is somewhat more upbeat about progress in Iraq. . . .

"Although a majority say the United States is not making significant gains toward restoring civil order in Iraq, the public's views are more positive than at this time last year. About four in 10 say the United States is making progress, an increase of 10 percentage points over last year. . . .

"Bush's overall approval rating, at 33 percent, remains at his career low point in Post-ABC polling, with 64 percent disapproving. The percentage of Americans approving of the president has been the same since July and has been under 50 percent for more than 2 1/2 years."

The story's headline in particular indicated good news for Bush: "Poll Shows More Optimism on War; After Record Lows, Bush Gains With Republicans, Independents."

But what the poll really shows, in a nutshell, is that despite feeling a bit less profoundly pessimistic about the war, the public is still overwhelmingly against it and continues to disapprove of Bush by a whopping 2 to 1 margin.