Democrats Move Toward Bolten Censure

WASHINGTON — House Democrats, escalating a battle with the White House, took the first step in seeking to hold President Bush's chief of staff in contempt of Congress for defying a subpoena requesting documents on the firing of eight U.S. prosecutors.

Voting 7–3 along party lines, a House Judiciary subcommittee approved a resolution rejecting executive privilege claims made by Joshua Bolten in refusing to turn over e-mails and memos on the firings. The panel adopted a similar measure last week after ex-White House Counsel Harriet Miers declined to testify about the dismissals.

Mr. Bolten was subpoenaed in June because as chief of staff he is the custodian of the White House's records. The next step for the panel would be to vote on a contempt resolution. If that is adopted by the full House, the U.S. attorney in Washington, a Bush appointee, would be asked to pursue a prosecution.

Rep. Linda Sanchez, a Democrat of California who heads the commercial and administrative law subcommittee, said yesterday, "We're hoping the administration understands we're serious about this" and will negotiate an agreement to avoid contempt charges. Tony Fratto, a White House spokesman, called the vote "unfortunate" and said the administration's executive privilege claim "rests on solid legal ground." The panel "is less successful at getting facts than headlines," he added.

Mr. Bush has offered to let White House aides be interviewed by congressional investigators, but not under oath or with a transcript. Democrats have rejected that approach.

The House and Senate Judiciary Committees are investigating whether the Justice Department's decision to fire the U.S. attorneys last year was for political reasons. The controversy has provoked calls from Democrats and a few Republicans for Attorney General Gonzales to step down.

The congressional action brings the Democratic-led Congress closer to a constitutional showdown with the Bush administration over the privilege claims. Mr. Bush contends the privilege protects presidential advisers from being forced to testify about confidential White House matters. Republicans on the panel said Democrats failed to produce evidence of wrongdoing in the prosecutor firings.