The White House said today it would not comply with congressional subpoenas for documents and testimony relating to the firings of federal prosecutors last year, setting up a potential constitutional confrontation over its claim of executive privilege.
In a letter to the chairmen of the House and Senate judiciary committees, President Bush’s counsel, Fred F. Fielding, said the White House would not turn over documents that were subpoenaed by the two committees on June 13. The deadline for handing over most of them was today.
"I write at the direction of the President to advise and inform you that the President has decided to assert executive privilege and therefore the White House will not be making any production in response to these subpoenas for documents," Fielding wrote in the letter to Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee, and Rep. John Conyers (D-Mich.), chairman of the House Judiciary Committee.
"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," Fielding said. "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."
This is not an issue of whether they are willing to provide answers on these oversight issues, but whether they can dictate terms to another branch of government. They want to short circuit the checks and balances that ensure real oversight and true accountability.
I will look at the President’s broad claim of executive privilege. Since we have heard so much testimony that the President did not personally make these decisions on the firings and was not personally involved, it is difficult to imagine that there is much basis to these claims. They cannot have it both ways.
I am disappointed that we had to resort to issuing subpoenas in order to obtain information needed by the Committees to learn the truth about these firings and the erosion of independence at the Justice Department. I am even more disappointed now by this Nixonian stonewalling. We will take the necessary steps to enforce our subpoenas backed by the full force of law so that Congress and the public can get to the truth behind this matter.
The President’s response to our subpoena shows an appalling disregard for the right of the people to know what is going on in their government. The executive privilege assertion is unprecedented in its breadth and scope, and even includes documents that the Adminstration previously offered to provide as part of their ‘take it or leave it’ proposal. This response indicates the reckless disrepect this Administration has for the rule of law. The charges alleged in this investigation are serious – including obstruction of justice and misleading Congress – and the White House should be as committed to this investigation as the Congress. At this point, I see only one choice in moving forward, and that is to enforce the rule of law set forth in these subpoenas.
If you can get a day pass for Salon.com check out Sydney Bluminthal’s opinion ( I know I mispelled the authors name) piece. It’s about Cheney and his comment about the WPseries.
And Leahy has repsonded:
http://leahy.senate.gov/press/200706/062807.html
Just called Leahy’s office in D.C. and said thanks for everything your doing.