WASHINGTON — Lawyers for the White House and Congress sparred in federal court Monday over whether lawmakers can force top presidential advisers to testify or produce documents for a legislative committee, in a case that marks an unusual conflict between the two branches of government.
The House Judiciary Committee, which is investigating the firing of U.S. attorneys in 2006, filed a lawsuit in March seeking to force former White House counsel Harriet Miers to testify about a possible White House role in the dismissals. She has refused to appear, citing executive privilege.
The committee also sued to force White House Chief of Staff Joshua Bolten to produce documents that he contends are protected by executive privilege.
U.S. District Judge John Bates, a Bush appointee, seemed hesitant to grant the White House a right to defy congressional subpoenas but also peppered House lawyers with questions about whether the courts could even intervene in the matter.
The committee’s lawsuit marks the first time in U.S. history that either chamber of Congress has sued the president to force compliance with a subpoena.
The House committee has been investigating the controversial firings for a year and a half.
