Byrd is a stern constitutional scholar who has always stood up for the legislative branch in its role in checking the power of the White House. Byrd: Obama in power grab

Sen. Robert Byrd (D-W.Va.), the longest-serving Democratic senator, is criticizing President Obama’s appointment of White House “czars” to oversee federal policy, saying these executive positions amount to a power grab by the executive branch.

In a letter to Obama on Wednesday, Byrd complained about Obama’s decision to create White House offices on health reform, urban affairs policy, and energy and climate change. Byrd said such positions “can threaten the Constitutional system of checks and balances. At the worst, White House staff have taken direction and control of programmatic areas that are the statutory responsibility of Senate-confirmed officials.”


While it's rare for Byrd to criticize a president in his own party, Byrd is a stern constitutional scholar who has always stood up for the legislative branch in its role in checking the power of the White House. Byrd no longer holds the powerful Appropriations chairmanship, so his criticism does not carry as much weight these days. Byrd repeatedly clashed with the Bush administration over executive power, and it appears that he's not limiting his criticism to Republican administrations.

Byrd also wants Obama to limit claims of executive privilege while also ensuring that the White House czars don’t have authority over Cabinet officers confirmed by the Senate.

“As presidential assistants and advisers, these White House staffers are not accountable for their actions to the Congress, to cabinet officials, and to virtually anyone but the president,” Byrd wrote. “They rarely testify before congressional committees, and often shield the information and decision-making process behind the assertion of executive privilege. In too many instances, White House staff have been allowed to inhibit openness and transparency, and reduce accountability.”

The West Virginia Democrat on Wednesday asked Obama to “consider the following: that assertions of executive privilege will be made only by the president, or with the president’s specific approval; that senior White House personnel will be limited from exercising authority over any person, any program, and any funding within the statutory responsibility of a Senate-confirmed department or agency head; that the president will be responsible for resolving any disagreement between a Senate-confirmed agency or department head and White House staff; and that the lines of authority and responsibility in the administration will be transparent and open to the American public.”

Obama faces a decision as early as next week on whether to support a claim of executive privilege made by former President Bush in refusing to allow Karl Rove, the former deputy White House chief of staff, to be deposed by the House Judiciary Committee on the White House’s role in the 2006 firing of nine U.S. attorneys.

Bush claimed “absolute immunity” for top advisers in resisting such subpoenas, but Rep. John Conyers (D-Mich.), chairman of the Judiciary Committee, filed a lawsuit over the issue. The case is on appeal, and the Obama administration is scheduled to file a motion next week laying out its stance on the issue.