Why does bush get the option as to whether he'll testify and whether he'll testify under oath?

Question

Under checks and balances, I believe each branch must provide oversight not overlook of the other two branches. It's their duty and responsibility to do so. But the executive branch seems to think it has a greater priviledge than either of the other two. I believe he never takes the oath because then he can be held legally accountable for his testimony. He thinks this gives him an option to lie when he testifies. When does the impeachment process begin? Every day delayed is justice delayed for all Americans!

Answer 1

Legally, he does not have that option.

There is no exception in the statute for the president or any other individual. Anyone can be compelled to testify, and to testify under oath.

That being said, the chief executive and executive can refuse to answer specific questions, by asserting an appropriate evidentiary privilege. Those questions relate to confidential communications, either with the executive (executive privilege) or with an attorney (attorney-client privilege) etc. Also 5th Amendment self-incrimination privilege still applies.

So, while privileges exist that prevent compelling answers to certain questions, there is NO statutory exemption to the standard requirement to testify under subpoena, or under oath.

CharityG (above) is also correct in that the president can stonewall and refuse to answer without having the actual legal right to do so, because he knows that any resolution through courts is going to take years to process.

Answer 2

There is a legal concept called "Executive Privilege". Clinton used it and most, if not all, previous presidents have used it. It is based on the separation of powers in the US Constitution.

Whether you or I like the way a particular president applies executive privilege, it is a long-established legal doctrine. Similar, the president cannot compel members of congress to appear and explain why they have voted the way they did.

Answer 3

Not sure what your talking about but probably your speaking of his aides. Being President and working for one has certain privilages and the discussions are private.

This is the same as in the private sector companies and there employees can discuss who what and how without having to answer.

Answer 4

He is the President. He does not answer to Congress. We have a separation of powers part to the Constitution. Congress is supposed to stick to their own business and not interfere with the Administration of the government.

Answer 5

He can choose to not testify at all - at that point the dispute would be referred to the court system which could take years. So I suppose he's playing bluff . . .

Answer 6

"Plausible Denial"....JFK was entitled to that when the CIA screwed up in Cuba (Bay of Pigs)