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Is Fred Upton Now Protecting Solyndra Lawbreaking Done Under ‘Executive Privilege?’

Congressman Fred Upton, who brought America the disgraceful and dangerous federal ban on incandescent light bulbs, is chairman of the House committee overseeing the investigation of the Solyndra scandal.

His committee issued a subpoena to the White House to determine the full scope of its involvement with the suspect government loan to Solyndra, which may include broken laws. The White House refused to supply what may be relevant Blackberry records of President Obama.

As I wrote for The Washington Examiner, the position taken by the White House in refusing to turn over cell phone records protects lawbreaking done by high officials on their portable devices. If tolerated, that position encourages government officials bent on lawbreaking to use their cell phones for their illicit purposes -- with impunity.

Chairman Upton is now backing off his demand for President Obama’s cell phone records that may provide evidence of lawbreaking.

Upton is reported as saying, “Our request for documents is reasonable – we are not demanding the President’s blackberry messages as we are respectful of Executive Privilege.”

The Constitution itself creates no such “executive privilege.” That is a judge-made doctrine. In The Law That Governs Government, Richard Viguerie and I write about how judge-made doctrines are abused to protect government lawbreaking.

Contrast the judge-made Executive Privilege with a privilege for Members of Congress that is actually the law because it is written into the Constitution.

The Speech and Debate Clause, as it is known, is found at Article I, Section 6, Clause 1 of the Constitution. It is a legal privilege for Members of Congress who:



shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.



In other words, there is an express constitutional basis for this privilege. There is no express basis for Executive Privilege, and there is no need to concede it as a basis to protect lawbreaking.

Fred Upton, an old hand in Washington who’s been there since the Reagan administration and is part of the political establishment, seems too willing to concede to the notion that Executive Privilege protects high official lawbreaking done via cell phones.

Upton’s ban on incandescent light bulbs shows he’s more willing to abuse the law to violate the free market rights of citizens than tackle lawbreaking in Washington. And I wonder whether he profited from his “green” legislation that actually mandated the sale and purchase of toxic light bulbs.

We need to replace the Fred Uptons in Congress with constitutionally faithful representatives who will restore the rule of law on government.

Any senator who has been in office more than two terms,

or representative more than three terms, should step down immediately!  Wouldn't that be a great decision to make for the good of our country!!!!  And, as mentioned below, take each and every member of their staff with them!!!!!!!!!!!!

Of course, expecting them to do so...when they believe they are above reproach and know better than anyone else what the rest of the hundreds of millions of Americans should do, is a big joke!  Do as we say, NOT as we do!  And never question why...because we will never tell you why!

If anyone was listening to Jack Abramoff tonight...saying that he 'owned' over 100 congressional offices by getting their staff to do as he wished for his clients...it was enough to make you want to throw up!

Our founding fathers never anticipated we would become so corrupt...they thought they had conceived a good document that would prevent us from following the paths of European governments...how sad we have fallen so far after all their efforts...and after all the blood shed by brave men who valued LIBERTY!

Congress needs to be retooled - the barnacles need to be scraped from the bottom of the ship of state so we can go forward once again with honor.

And...Congressman Upton, since you don't seem to have the backbone to DEMAND records from the White House that would implicate the administration in illegal activities that have cost the American taxpayers billions of dollars, how about trying once again to ensure the 100-watt incandescent bulb remains legal to own!!!!  What an asinine idea that was!