CQ TODAY – LEGAL AFFAIRS
June 13, 2007 – Updated 8:08 p.m.
Panels Issue Subpoenas to White House, Former Aides in Prosecutor Probe

Democrats have ratcheted up their confrontation with President Bush over the firings of nine U.S. attorneys last year, issuing subpoenas to the White House and two of the president’s former key aides.

The House Judiciary Committee on Wednesday sent a subpoena to White House Chief of Staff Joshua B. Bolten for documents related to the firings, with a June 28 deadline. The committee also subpoenaed former White House counsel Harriet Miers for documents and testimony before its Commercial and Administrative Law Subcommittee on July 12.

The Senate Judiciary Committee subpoenaed former White House aide Sara M. Taylor for documents and testimony before the committee July 11. The Senate panel also sent its own subpoena to Bolten, also with a June 28 deadline.

Until Wednesday, Democrats had confined themselves to probing current and former Justice Department officials and documents, sometimes with subpoenas, and making requests for voluntary cooperation from the White House. Now Democrats have directly confronted Bush with a move that most likely will spark a legal battle over the limits of executive privilege.

“Let me be clear: This subpoena is not a request, it is a demand on behalf of the American people for the White House to make available the documents and individuals we are requesting to help us answer the questions that remain,” said House Judiciary Chairman John Conyers Jr., D-Mich. “The bread crumbs in this investigation have always led to 1600 Pennsylvania.”

In March, Bush offered to make his aides available for private, non-transcribed interviews. Bush also offered to give Democrats copies of communications between the White House and the Justice Department or third parties, but not internal White House communications about the issue. Democrats rejected that offer.

In a June 7 letter to leading Democrats, White House counsel Fred F. Fielding said, “It is our strong hope that the committees will not feel compelled to elevate the stakes by pursuing the path of subpoenas and compulsory process referred to in your recent letters, which will only prolong this debate.”

On Wednesday, White House spokesman Tony Snow said it was “way premature” to speculate about whether the subpoenas will lead to a protracted legal battle. He said administration officials would review the subpoenas and respond “appropriately.”

Charles E. Schumer, D-N.Y., who is leading the Senate probe into the firings, said, “It’s now up to the president. Is the White House going to cooperate with an investigation that has rocked the Justice Department, or will they continue to stonewall?”

Subpoena Vote

Meanwhile, the Senate Judiciary Committee is scheduled Thursday to consider a motion authorizing Chairman Patrick J. Leahy, D-Vt., to subpoena the Justice Department for documents related to the National Security Agency warrantless surveillance program.

The vote is likely to be postponed under a committee rule that allows any member to delay action on a matter for a week. But Leahy is moving toward subpoenas to increase pressure on the department to hand over documents related to the administration’s analysis of the legality of the surveillance program.

On May 21, Leahy and Arlen Specter of Pennsylvania, the panel’s top Republican, wrote to Attorney General Alberto R. Gonzales to request the documents. They set a June 5 deadline, which Gonzales did not meet.

The Senate Judiciary Committee is scheduled to consider an authorization of subpoenas in connection with the investigation of the legal basis for the NSA’s warrantless surveillance program at 10 a.m. Thursday in 226 Dirksen.

First posted June 13, 2007 10:57 a.m.

Source: CQ Today
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