The right of Congress to demand explanations imposes on the president, and on inferior executive officers who speak for him, the obligation to be truthful. An attorney general called before Congress to discuss the workings of the Justice Department can claim the protection of “executive privilege” and, if challenged, can defend the (doubtful) legitimacy of such a claim in the courts. But having elected to testify, he has no right to lie, either by affirmatively misrepresenting facts or by falsely claiming not to remember events. Lying to Congress is a felony — actually three felonies: perjury, false statements and obstruction of justice.
A false claim not to remember is just as much a lie as a conscious misrepresentation of a fact one remembers well. Instances of phony forgetfulness seem to abound throughout Mr. Gonzales’s testimony, but his claim to have no memory of the November Justice department meeting at which he authorized the attorney firings left even Republican stalwarts like Jeff Sessions of Alabama gaping in incredulity. The truth is almost surely that Mr. Gonzales’s forgetfulness is feigned — a calculated ploy to block legitimate Congressional inquiry into questionable decisions made by the Department of Justice, White House officials and, quite possibly, the president himself.
Even if perjury were not a felony, lying to Congress has always been understood to be an impeachable offense. As James Iredell, later a Supreme Court justice, said in 1788 during the debate over the impeachment clause, “The president must certainly be punishable for giving false information to the Senate.” The same is true of the president’s appointees.
President Bush via FP blog;
The question is, ‘Who ought to make that decision, the Congress or the commanders?,’’ Mr. Bush said. “As you know, my position is clear – I’m the commander guy.”
See also constitutional law scholar Jonathan Turley at Countdown.
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