"There can be only one."

That is basically the attitude that the Bush administration has, when it comes to its assertion that under the theory of the unitary executive, it can prohibit US Attorneys from pursuing contempt charges on behalf of Congress. From the Washington Post this morning:

Under federal law, a statutory contempt citation by the House or Senate must be submitted to the U.S. attorney for the District of Columbia, "whose duty it shall be to bring the matter before the grand jury for its action."

But administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege. Officials pointed to a Justice Department legal opinion during the Reagan administration, which made the same argument in a case that was never resolved by the courts.

"A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case," said a senior official, who said his remarks reflect a consensus within the administration. "And a U.S. attorney wouldn't be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to happen."

Glenn Greenwald, writing at Salon today, said that this is the latest evidence that the Bush administration considers itself completely above the law:

Just contemplate what that actually means. One of the primary, defining attributes of a civilized society that lives under the rule of law is prosecutorial independence. Without that, political opponents of those in power can be prosecuted for political rather than legal reasons. And worse still, our most powerful political leaders are free to break the law with impunity because they control the prosecutorial process, which -- in this warped view of our republic -- means that presidents have an absolute power to block criminal prosecution of their subordinates who break the law, provided it was done at the President's behest.

And:

There is nothing new here. As has long been known, this administration believes themselves to reside above and beyond the reach of the law. What else would they need to do in order to make that as clear as can be? They got caught red-handed committing multiple felonies -- by eavesdropping on Americans in precisely the way the law we enacted 30 years ago prohibited -- and they not only admitted it, but vowed to continue to break our laws, and asserted the right to do so. And nothing happened.

This latest assertion of power -- to literally block U.S. Attorneys from prosecuting executive branch employees -- is but another reflection of the lawlessness prevailing in our country, not a new revelation. We know the administration breaks laws with impunity and believes it can. That is no longer in question. The only real question is what, if anything, we are willing to do about that.

Is this the end of the Republic? No, I'm not joking. Is this the end? Or will we have to wait for another terror attack so that everyone lines up and says that it's OK for the administration to completely circumvent the Constitution...again?

Jim Downey