[Dialogue] Bush Won't Supply Subpoenaed Documents

[Harry Wainwright]

Published on Thursday, June 28, 2007 by the Associated Press
<http://www.ap.org>  

Bush Won't Supply Subpoenaed Documents

by Terence Hunt

President Bush, moving toward a constitutional showdown with Congress,
asserted executive privilege Thursday and rejected lawmakers' demands for
documents that could shed light on the firings of federal prosecutors.

 <http://www.commondreams.org/archive/wp-content/photos/0628_01.jpg> Bush's
attorney told Congress the White House would not turn over subpoenaed
documents for former presidential counsel Harriet Miers and former political
director Sara Taylor.

In reaction, Senate Judiciary Chairman Patrick Leahy accused the
administration of shifting "into Nixonian stonewalling" and revealing
"disdain for our system of checks and balances."

"With respect, it is with much regret that we are forced down this
unfortunate path which we sought to avoid by finding grounds for mutual
accommodation," White House counsel Fred Fielding said in a letter to Leahy
and the chairman of the House Judiciary Committee. "We had hoped this matter
could conclude with your committees receiving information in lieu of having
to invoke executive privilege. Instead, we are at this conclusion."

Thursday was the deadline for surrendering the documents. The White House
also made clear that Miers and Taylor would not testify next month, as
directed by the subpoenas, which were issued June 13. The stalemate could
end up with House and Senate contempt citations and a battle in federal
court over separation of powers.

"Increasingly, the president and vice president feel they are above the
law," said Leahy, D-Vt., after getting the news from Fielding in an
early-morning phone call. "In America no one is above law."

In his letter, Fielding said Bush had "attempted to chart a course of
cooperation" by releasing more than 8,500 pages of documents and sending
Gonzales and other senior officials to testify before Congress. The White
House also had offered a compromise in which Miers, Taylor, White House
political strategist Karl Rove and their deputies would be interviewed by
Judiciary Committee aides in closed-door sessions, without transcripts.
Democrats Patrick Leahy of Vermont and John Conyers of Michigan, the chairs
of the Senate and House Judiciary Committees, have rejected that offer.

On the other hand, Fielding said Bush "was not willing to provide your
committees with documents revealing internal White House communications or
to accede to your desire for senior advisors to testify at public hearings.

"The reason for these distinctions rests upon a bedrock presidential
prerogative: for the President to perform his constitutional duties, it is
imperative that he receive candid and unfettered advice and that free and
open discussions and deliberations occur among his advisors and between
those advisors and others within and outside the Executive Branch," Fielding
said.

"The doctrine of executive privilege exists, at least in part, to protect
such communications from compelled disclosure to Congress, especially where,
as here, the president's interests in maintaining confidentiality far
outweigh Congress's interests in obtaining deliberative White House
communications," Fielding said.

"Further, it remains unclear precisely how and why your committees are
unable to fulfill your legislative and oversight interests without the
unfettered requests you have made in your subpoenas," Fielding said. "Put
differently, there is no demonstration that the documents and information
you seek by subpoena are critically important to any legislative initiatives
that you may be pursuing or intending to pursue."

It was the second time in his administration that Bush has exerted executive
privilege, said White House deputy press secretary Tony Fratto. The first
instance was in December, 2001, to rebuff Congress' demands for Clinton
administration documents.

Tensions between the administration and the Democratic-run Congress have
been building for months as the House and Senate Judiciary panels have
sought to probe the firings of eight federal prosecutors and the
administration's program of warrantless eavesdropping. The investigations
are part of the Democrats' efforts to hold the administration to account for
the way it has conducted the war on terrorism since the Sept. 11, 2001,
attacks.

Democrats say the firings of the prosecutors over the winter was an example
of improper political influence. The White House says U.S. attorneys are
political appointees who can be hired and fired for almost any reason.

Democrats and even some key Republicans have said that Attorney General
Alberto Gonzales should resign over the U.S. attorney dismissals, but he has
steadfastly held his ground and Bush has backed him.

Just Wednesday, the Senate Judiciary Committee subpoenaed the White House
and Vice President Dick Cheney's office, demanding documents pertaining to
terrorism-era warrant-free eavesdropping.

Separately, that panel also is summoning Gonzales to discuss the program and
an array of other matters - including the prosecutor firings - that have
cost a half-dozen top Justice Department officials their jobs.

The Judiciary panels also subpoenaed the National Security Council. Leahy
added that, like House Judiciary Committee Chairman John Conyers, D-Mich.,
he would consider pursuing contempt citations against those who refuse.

Associated Press Writer Deb Riechmann contributed to this story.

Copyright C 2007 The Associated Press

Article printed from www.CommonDreams.org 

URL to article: http://www.commondreams.org/archive/2007/06/28/2152/

 

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