16 November 2008

Can Congress Subpeona Bush as Former President?

What happens if the Democrat-controlled Congress wishes to order President Bush, once he becomes former-President Bush, to appear before a Congressional committee to answer for some of the things he did while President? It is clear that the idea of separation of powers in the Constitution precludes Congress from ordering a sitting President to appear. But a former President? The New York Times addressed this question a few days ago, and dragged out this quote from former President Harry Truman:

If the doctrine of separation of powers and the independence of the presidency is to have any validity at all, it must be equally applicable to a president after his term of office has expired,” Truman wrote to the committee.

Could it be that even former Presidents can exercise Executive Power? I see Truman's point, but could this apply equally to all of Bush's advisers? I have no doubt Bush would make this argument considering how expansively he has interpreted Executive Privilege.