Subpoenas for Bush Aides
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WASHINGTON (AP) – Two congressional committees are issuing subpoenas for testimony from former White House counsel Harriet Miers and former political director Sara Taylor on their roles in the firings of eight federal prosecutors, according to two officials familiar with the investigation.
Democrats probing whether the White House improperly dictated which prosecutors the Justice Department should fire also are subpoenaing the White House for all relevant documents, said the officials, who spoke on condition of anonymity because the move had not yet been formally made public.
Senate Senator Leahy of Vermont, the chairman of the Judiciary Committee, issued Ms. Taylor’s subpoena for her testimony July 11. His counterpart in the House, Judiciary Committee Chairman John Conyers of Michigan, issued a subpoena for Ms. Miers’ testimony the next day.
The White House has repeatedly refused to make current and former officials involved in the firings available except in private interviews, without transcripts. Congressional investigators have refused that offer.
“The committees can easily obtain the facts they want without a confrontation by simply accepting our offer for documents and interviews,”White House spokeswoman Dana Perino said Wednesday. “But it’s clear that Sen. Leahy and Rep. Conyers are more interested in drama than facts.”
Ms. Miers left the White House Jan. 4, while Ms. Taylor’s last day was May 30.
The House and Senate chairmen implicitly threatened a constitutional showdown if the White House does not comply – or strike a deal.
“The breadcrumbs in this investigation have always led to 1600 Pennsylvania,” said Mr. Conyers. “This investigation will not end until the White House complies with the demands of this subpoena in a timely and reasonable manner so that we may get to the bottom of this.”
“The White House cannot have it both ways – it cannot stonewall congressional investigations by refusing to provide documents and witnesses, while claiming nothing improper occurred,” Mr. Leahy added.
Technically, if the showdown between the White House and Congress is not resolved, the matter could end up with House and Senate contempt citations and a session in federal court.
Congressional officials knowledgeable about the probe painted a dark picture of what the Democratic-led committees might do if the White House refuses to comply.
One option, these officials said, are votes in committee and on the House and Senate floors on contempt citations against any subjects of the subpoenas who don’t comply. Another, according to one aide, is a subpoena for White House Counsel Fred Fielding, compelling him to testify publicly about the Bush administration’s reasons if the subpoenas are ignored.
Senator Specter, Republican of Pennsylvania, pointed out that a resolution without a constiututional showdown is in both sides’ interests.
“I don’t believe in threats,” he said in a telephone interview, adding that he hopes to negotiate with Mr. Fielding later in the day. “I believe in taking it a step at a time.”
The subpoenas come a day after newly-released Justice Department documents revealed that Ms. Taylor was closely involved in the firings. In a Feb. 16 e-mail, Ms. Taylor described a U.S. attorney in Arkansas who was fired last year as “lazy” – “which is why we got rid of him in the first place,” according to to the documents.
Former prosecutor Bud Cummins, reached Tuesday night for comment, responded: “I’m sure I have some faults, but my work ethic hasn’t been one them.” Taylor also complained that Deputy Attorney General McNulty told senators that Cummins was replaced at the urging of Miers, then White House counsel.
It’s the first time during the five-month investigation that Congress is compelling testimony from White House insiders over the firings. Not yet on the subpoena list is President Bush’s top political adviser, Karl Rove, but only because Democrats have not yet finished interviewing those below him, the officials said.
Democrats say the firings are evidence that Attorney General Gonzales allowed his traditionally independent federal law enforcement agency to be run, in effect, by the White House.
Republicans point out that U.S. attorneys serve at the president’s pleasure and can be fired for any reason, or none at all. Former and current top Justice Department officials have said the list of the eight fired was drawn up on the advice of several senior officials. E-mails made public have shown that Ms. Miers, Ms. Taylor, and Mr. Rove were looped into the decisionmaking process and attended meetings on the firings.