Washington – House Democrats on Thursday took the first step toward holding former White House counsel Harriet Miers in contempt of Congress after she defied a subpoena – at President Bush’s order – and skipped a hearing on the firing of U.S. attorneys.
Over the strenuous objections of Republicans, a subcommittee cleared the way for contempt proceedings by voting 7-5 to reject Bush’s claim of executive privilege. He says his top advisers, current or former, cannot be summoned by Congress.
“Those claims are not legally valid,” Rep. Linda Sanchez, D-Calif., said of Bush’s declaration. “Ms. Miers is required pursuant to the subpoena to be here now.”
Republicans complained that Democrats were choosing showy, televised proceedings and the threat of court action to force the testimony rather than agree to Bush’s offer of private, off-the-record interviews.
In the absence of an agreement with the administration, House leaders and committee members were likely to pursue contempt proceedings against Miers but were still talking about when, according to some Democratic officials.
“We would not be discharging our responsibility today if we were to simply drop this,” Rep. Zoe Lofgren, D-Calif., said during the hearing.
The White House showed no sign of giving in.
“If the House Judiciary Committee wants to avoid confrontation, it should withdraw its subpoenas,” said White House spokesman Tony Fratto. “The committee is rejecting accommodation because they prefer just the kind of political spectacle they’re engaged in now.”
Miers’ testimony emerged as the battleground for a broader scuffle between the White House and Congress over the limits of executive privilege.
Bush’s invocation of executive privilege comes during the Democrats’ probe of whether the firings were really an effort by the White House to replace federal prosecutors in ways that might help Republican candidates. Democrats say testimony by numerous aides that Bush was not involved in deciding whom to fire undercuts his privilege claim.
Administration officials acknowledge that the firings were botched in their execution, but they insist there was no improper motive for them.
