Profile: Joshua Bolten

Bush and Cheney in private discussion. [Source: Washington Post]Vice President Cheney, having just taken the oath of office minutes before, has a brief discussion of his new position with former Vice President Dan Quayle, who had served under George H. W. Bush. In 2007, Quayle will recall the discussion: “I said, ‘Dick, you know, you’re going to be doing a lot of this international traveling, you’re going to be doing all this political fundraising… you’ll be going to the funerals.’ I mean, this is what vice presidents do. I said, ‘We’ve all done it.’” Cheney “got that little smile,” Quayle will recall, and replies, “I have a different understanding with the president.” Quayle adds, “He had the understanding with President Bush that he would be—I’m just going to use the word ‘surrogate chief of staff.’” Bush policy director Joshua Bolten will later say that Cheney wants, and is given, a mandate by Bush that gives him access to “every table and every meeting,” making his voice heard in “whatever area the vice president feels he wants to be active in.” [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Dan Quayle, George Herbert Walker Bush, Richard (“Dick”) Cheney, Joshua Bolten

Timeline Tags: Civil Liberties

Vice President Dick Cheney sees the second plane hitting the World Trade Center live on television while meeting with his speechwriter John McConnell. He later claims that several other officials then come and join him in his White House office: National Security Adviser Condoleezza Rice, political adviser Mary Matalin, and his chief of staff, I. Lewis “Scooter” Libby, who has come across from the Old Executive Office Building next door to the White House. [Meet the Press, 9/16/2001] According to journalist and author Stephen Hayes, “As word of the attacks spread throughout the West Wing, many White House officials migrated to Cheney’s office.” As well as Rice, Libby, and Matalin, these include Sean O’Keefe, the deputy director of the Office of Management and Budget; Josh Bolten, the deputy White House chief of staff; and counterterrorism “tsar” Richard Clarke. [Hayes, 2007, pp. 332] However, other accounts contradict this. Clarke claims that when he arrives at the White House shortly after 9:03, he sees the vice president and Rice, but the two are “alone in Cheney’s office” (see (9:05 a.m.) September 11, 2001). (It is possible, though, that the other officials only arrive after Clarke ends his brief visit to the vice president’s office.) [Clarke, 2004, pp. 1-2] In numerous interviews where she discusses her actions this morning, Rice makes no mention of heading to Cheney’s office after the second tower is hit. [O, the Oprah Magazine, 2/1/2002; BBC Radio 4, 8/1/2002 ; Australian Broadcasting Corporation, 9/11/2002; MSNBC, 9/11/2002; New York Times, 9/11/2002] Also, according to some accounts, the Secret Service evacuates Cheney from his office shortly after the second attack occurs (see (9:10 a.m.) September 11, 2001). [New York Times, 9/13/2001; ABC News, 9/14/2002] Cheney claims that President Bush phones him around this time, while he is still in his office. [Meet the Press, 9/16/2001] But according to White House adviser Karl Rove, who is with the president in Florida, Bush is unable to reach the vice president because Cheney is being evacuated from his office (see (9:16 a.m.-9:29 a.m.) September 11, 2001). [MSNBC, 9/11/2002]

Entity Tags: Lewis (“Scooter”) Libby, Joshua Bolten, John McConnell, Mary Matalin, Richard (“Dick”) Cheney, Sean O’Keefe, Condoleezza Rice, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney in the White House bunker, speaking to administration officials including (from left) Joshua Bolten, Karen Hughes, Mary Matalin (standing), Condoleezza Rice and I. Lewis ‘Scooter’ Libby. [Source: David Bohrer / White House] (click image to enlarge)The Secret Service, viewing projected path information about Flight 93, rather than actual radar returns, does not realize that Flight 93 has already crashed. Based on this erroneous information, a military aide tells Vice President Dick Cheney and others in the White House bunker that the plane is 80 miles away from Washington. Cheney is asked for authority to engage the plane, and he quickly provides it. The aide returns a few minutes later and says the plane is 60 miles out. Cheney again gives authorization to engage. A few minutes later and presumably after the flight has crashed or been shot down, deputy White House chief of staff Josh Bolten suggests Cheney contact President Bush to confirm the engage order. Bolten later tells the 9/11 Commission that he had not heard any prior discussion on the topic with Bush, and wanted to make sure Bush knew. Apparently, Cheney calls Bush and obtains confirmation (see 10:18 a.m.-10:20 a.m. September 11, 2001). [9/11 Commission, 6/17/2004] However, there is controversy over whether Bush approved a shootdown before this incident or whether Cheney gave himself the authority to make the decision on the spot. As Newsweek notes, it is a moot point in one sense, since the decision was made on false data and there is no plane to shoot down. [Newsweek, 6/20/2004]

Entity Tags: Secret Service, Joshua Bolten, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism “tsar” Richard Clarke, who is in the White House Situation Room, is informed that Vice President Dick Cheney wants him to come down to the Presidential Emergency Operations Center (PEOC), located below the East Wing of the White House. Clarke heads down and, after being admitted by Cheney’s security detail, enters the PEOC. In addition to the vice president and his wife Lynne Cheney, the PEOC contains National Security Adviser Condoleezza Rice, political adviser Mary Matalin, Cheney’s chief of staff I. Lewis “Scooter” Libby, deputy White House chief of staff Josh Bolten, and White House counselor Karen Hughes. Clarke can see the White House Situation on a screen. But Army Major Mike Fenzel, who is also in the PEOC, complains to him, “I can’t hear the crisis conference [that Clarke has been leading] because Mrs. Cheney keeps turning down the volume on you so she can hear CNN… and the vice president keeps hanging up the open line to you.” Clarke later describes that Lynne Cheney is, like her husband, “a right-wing ideologue,” and is offering her advice and opinions while in the PEOC. When Clarke asks the vice president if he needs anything, Cheney replies, “The [communications] in this place are terrible.” His calls to President Bush keep getting broken off. By the time Clarke heads back upstairs to the Situation Room, it is 12:30 p.m. [Clarke, 2004, pp. 17-19]

Entity Tags: Richard (“Dick”) Cheney, Richard A. Clarke, Mike Fenzel, Lynne Cheney, Condoleezza Rice, Joshua Bolten, Mary Matalin, Karen Hughes, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The House of Representatives votes to hold White House Chief of Staff Joshua Bolten and former White House counsel Harriet Miers in contempt of Congress. Bolten and Miers have refused to testify to a House committee investigating the firing of several US attorneys. Many House Republicans walk off the House floor before the vote is cast, ostensibly because they want to work on reauthorizing the Protect America Act (see August 5, 2007) rather than deal with the contempt citation. Minority Leader John Boehner complains, “We have space on the calendar today for a politically charged fishing expedition, but no space for a bill that would protect the American people from terrorists who want to kill us.” [Associated Press, 2/14/2008] “We will not stand for this, and we will not stay for this. And I would ask my House Republican colleagues and those who believe we should be protecting the American people, to not vote on this bill. Let’s just get up and leave.” [Think Progress, 2/14/2008] (Before they walk out, Lincoln Diaz-Balart (R-FL) attempts to disrupt the memorial service for the recently deceased Tom Lantos (D-CA), taking place in Statuary Hall just a few steps from the House chambers, by calling for a procedural vote during the memorial service. An MSNBC reporter says Diaz-Balart’s action is apparently the result of “pique.”) [MSNBC, 2/14/2008] The contempt citation will be forwarded to the US Attorney for the District of Columbia. The two resolutions passed hold Bolten and Miers in contempt, and allow for the House to file a civil suit against the Bush administration to compel the aides’ testimony. “I hope this administration will realize this Congress is serious about its constitutional role of oversight,” says House Speaker Nancy Pelosi (D-CA). Pelosi says she “had hoped that this day would never have come,” and adds that if the White House instructs Justice Department attorneys not to prosecute the contempt citations, “we will have power to go to federal court and seek civil enforcement of our subpoenas.” [The Hill, 2/14/2008; Associated Press, 2/14/2008]
White House Conditions 'Beyond Arrogance' - The White House has already said it will not allow the Justice Department to pursue the contempt charges, claiming that the information is off-limits because of executive privilege, and that Bolten and Miers are immune from prosecution. House Democrats such as Judiciary Committee chairman John Conyers (D-MI) had tried for months to work with the White House to win its approval for the aides’ testimony, but were unwilling to accept the White House’s restrictive conditions—investigators would not have been allowed to make transcripts of the testimony, to copy documents presented in the testimony, or to seek any more information after the single session. Pelosi said of the White House’s conditions, “This is beyond arrogance. It’s hubris taken to the ultimate degree.”
Republicans Say Testimony Would 'Undermine' Power of Executive Branch - Republicans such as David Dreier (R-CA) warn that such a case might “undermine the power of the first [executive] branch of government.” [The Hill, 2/14/2008; Associated Press, 2/14/2008]
Miller: Bush Attempting to 'Decide by Decree' - Representative Brad Miller (D-NC) says during the deliberations, “The president cannot decide by decree. The president cannot announce with absolute unreviewable authority what information the administration will provide or withhold. The framers of our Constitution had just fought a war against an autocratic king. It is inconceivable that they intended to create an executive branch with the power the Bush administration now claims and that the minority now supports.” [Speaker of the House, 2/14/2008]

Entity Tags: Harriet Miers, Bush administration, John Boehner, Joshua Bolten, Brad Miller, US Department of Justice, Tom Lantos, Nancy Pelosi

Timeline Tags: Civil Liberties

Attorney General Michael Mukasey refuses to refer a House contempt citation against two of President Bush’s top officials to a federal grand jury. The House has found former White House counsel Harriet Miers and White House Chief of Staff Joshua Bolten in contempt of Congress for refusing to answer Congressional subpoenas (see February 14, 2008), but Mukasey says neither Bolten nor Miers have committed any crimes. House Speaker Nancy Pelosi (D-CA) has, in return, given the House Judiciary Committee the authority to file a lawsuit against Miers and Bolten in federal court. Mukasey says Bolten and Miers were right to ignore the subpoenas because both were acting at President Bush’s behest. Pelosi retorts: “The American people demand that we uphold the law. As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that.” Democrats want the filing to move swiftly so that a judge might rule before the November elections; a key tenet of Democratic political strategy is the accusation that the Bush administration has abused its executive powers and considers itself above the law. Bolten and Miers were subpoenaed to testify about the possible political motivations behind the 2006 firings of nine US attorneys. Mukasey agrees with the Bush administration in saying that neither Miers nor Bolten, as officials of the executive branch, are required to answer to Congress for their actions, “The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president’s claim of executive privilege,” he writes. “Accordingly, the department has determined that the noncompliance by Mr. Bolten and Ms. Miers with the Judiciary Committee subpoenas did not constitute a crime.” Judiciary Committee chairman John Conyers (D-MI) says of Mukasey’s decision: “Today’s decision to shelve the contempt process, in violation of a federal statute, shows that the White House will go to any lengths to keep its role in the US attorney firings hidden. In the face of such extraordinary actions, we have no choice but to proceed with a lawsuit to enforce the committee’s subpoenas.” [Associated Press, 2/29/2008]

Entity Tags: House Judiciary Committee, Bush administration, George W. Bush, John Conyers, Harriet Miers, Michael Mukasey, Joshua Bolten, Nancy Pelosi

Timeline Tags: Civil Liberties

The House Judiciary Committee asks a federal judge to compel two White House officials to testify about the firings of eight US attorneys in 2007. Former White House counsel Harriet Miers and current White House Chief of Staff Joshua Bolten have both refused to testify, ignoring subpoenas from the Judiciary Committee (see February 14, 2008), and Attorney General Michael Mukasey has refused to enforce the subpoenas (see February 29, 2008). The White House steered the refusals. Judge John D. Bates, a federal district court judge in Washington, is overseeing the case. The suit says that neither Miers nor Bolten may avoid testimony by citing executive privilege, as both they and the White House have asserted. White House press secretary Dana Perino calls the suit “partisan theater,” and adds, “The confidentiality that the president receives from his senior advisers and the constitutional principle of separation of powers must be protected from overreaching, and we are confident that the courts will agree with us.” Judiciary Committee chairman John Conyers (D-MI) vehemently disagrees, saying, “The administration’s extreme claim to be immune from the oversight processes are at odds with our constitutional principles.” Conyers warns, “We will not allow the administration to steamroll Congress.” House Minority Leader John Boehner (R-OH) calls the suit a waste of time and accuses the committee of “pandering to the left-wing swamps of loony liberal activists.” The case is central to the ongoing tension between the White House and Congress over the balance of power between the two branches. Constitutional law professor Orin S. Kerr says the case raises fresh issues. While the Supreme Court recognized executive privilege in 1974, it acknowledged that executive privilege was not absolute and could be overturned in some instances, such as a criminal investigation. No court has ruled whether a claim of executive privilege outweighs a Congressional subpoena. According to lawyer Stanley Brand, who is involved in the suit for the Democrats, the committee turned to the legal system to avoid the possibility of charging Miers and Bolten with contempt and trying them in Congress on the charges. Such an action, Brand says, would be unseemly. [House Judiciary Committee v. Miers & Bolten, 3/10/2008 ; New York Times, 3/11/2008]

Entity Tags: House Judiciary Committee, Dana Perino, Harriet Miers, John Boehner, John Conyers, Orin S. Kerr, John D. Bates, Joshua Bolten, Michael Mukasey, Stanley Brand

Timeline Tags: Civil Liberties