Dems subpoena WH officials (but not Rove)

Apparently, the emails released last night convinced congressional Dems that it’s time for the White House to stop playing games, end the delay tactics, and start answering questions.

Two congressional committees are issuing subpoenas for testimony from former White House counsel Harriet Miers and former political director Sara Taylor on their roles in the firings of eight federal prosecutors, according to two officials familiar with the investigation.

Democrats probing whether the White House improperly dictated which prosecutors the Justice Department should fire also are subpoenaing the White House for all relevant documents, said the officials, who spoke on condition of anonymity because the decision had not yet been made public.

The Senate Judiciary Committee’s subpoena for Taylor compels her to testify on July 11, while the House Judiciary Committee’s subpoena for Miers compels her testimony the next day.

Frankly, this seems like a no-brainer. Last night’s revelations furtherer substantiated Taylor’s and Miers’ role in managing the U.S. Attorney purge, and it’s clear that the investigation needs their “input.”

You’ll notice, of course, that Rove was not listed among those who will receive subpoenas today. Given what we’ve seen, that seems preliminary — the new evidence released last night bring Taylor and Miers into the controversy, so Dems are subpoenaing Taylor and Miers. Should their testimony further implicate Rove, one suspects Rove will be the next to get a subpoena. It’s incrementalism at its finest.

That is, if there’s actual testimony. As I understand it, CNN reported that the White House will invoke executive privilege for both Taylor and Miers, even though both have already left their positions at the White House and are no longer part of the administration.

CNN’s legal analyst Jeffrey Toobin reports, “The White House has made clear it will cite executive privilege for conversations that took place within the White House on the U.S. attorney matter, and if the people with those conversations happen to have subsequently left the White House, that doesn’t matter. They’re still going to cite executive privilege, and these people are not going to be allowed to testify anytime soon, it appears, if the White House remains as it has been…. Even if they want to testify.”

The fight over this is likely to get fierce.

And Paul Kiel explains the many gaps these White House aides can help fill.

The Justice Department, in a letter vetted by the White House, wrote Congress back in February that Karl Rove didn’t play “any role” in Griffin’s nomination — a statement the Department has since admitted was false. And how: emails have shown that Rove’s aides worked closely with Monica Goodling and Kyle Sampson at the Justice Department to get Griffin in the spot, and that Sampson, working with Rove’s aides, plotted to keep Griffin in place despite objections from Arkansas’ senators, stringing them along with the promise that another nomination would be made if Sens. Mark Pryor (D-AR) and Blanche Lincoln (D-AR) objected. A little-noticed provision in the USA PATRIOT Act enabled the attorney general to appoint U.S. attorneys for indefinite terms without Senate confirmation.

Sampson testified to congressional investigators that Taylor, formerly Rove’s top aide (she resigned last month), was “upset” when Alberto Gonzales finally decided not to follow Sampson’s plan in January. From a January 25th email, it appears that Taylor was still committed to Sampson’s plan of stringing the senator’s along at that late date. Reacting to a draft of a Justice Department letter to Sen. Pryor, Taylor wrote “I’m concerned we imply that we’ll pull down Griffin’s nomination should Pryor object.”

The emails released last night show how worked up Taylor was about Griffin’s nomination.

This is going to keep a lot of lawyers very busy for a while.

In either case, Dems just ratcheted up the seriousness of this scandal, and are making it clear that White House intransigence isn’t acceptable.

Stay tuned.

I don’t think the fact that they’ve left the administration really factors into it. To the extent any privilege exists, it would still be intact after they leave. The fact that an attorney-client relationship has been terminated does not terminate the attorney-client privilege.

What they’re going to argue is that Miers was counsel and so any conversations she had on the issue are automatically privileged. Then any conversations that anyone else had on those same topics are privileged as well because they were done at the direction of Miers or to further the legal advice that she gave. Therefore the privilege attaches to those other communications as well.

Does any of these really matter? I mean, if the president did it, isn’t it automatically legal?

  • I think the real issue is whether the executive privilege is even applicable in this instance for any of these people. All legal authority on the topic, including the supreme court’s own analysis, indicate strongly that it will not. And on top of that is the issue of waiver of the privilege–use of RNC accounts probably constitutes a waiver. There will be a fight, but this one strongly favors Congress.

  • My concern is that the courts are going to be the ultimate arbiter of this controversy between the WH and Congress. The courts have lately been jam packed, especially the SC, with Republican nominees. Will there be honest Republican judges who are willing to see beyond the short-term political gains and the greater national interest in the constitutional imbroglio? Such a confrontation will only serve to weaken both Congress and the WH, no matter how it is ultimately decided.

  • Something tells me that this issue is never going to catch fire with the public or the moron-infested media. If Scooter Libby’s case didn’t get the average American to wonder loudly and often “why hasn’t Bush been impeached yet?”, then this one sure won’t. So Bush’s people lied about putting some friend of Rove’s into an office somewhere. So what?

    I’m not saying this isn’t a big issue, and congress will pursue it (IMO because the plot threatened their political asses), but Dems need to find something simple on Bush and go after that until he’s impeachable. Something like lying about the reasons to go to war.

    Where’s Phase 2 at, anyway?

  • My question would be if executive privilege is invoked, what recourse would the investigators have?

  • And of course, the reason that the Loyal Bushie Brownshirt Cabal will cite for invoking “executive privilege” will be (drumroll please)… “national security” — the last refuge of these cowardly criminals.

    It really doesn’t matter anyway. The SCOTUS will ultimately affect the final act of this Orwellian play that they so disgracefully began in 2000 and rule in favor of their ReThug masters.

  • Homer #1, if there’s so much privilege attaching to Miers, Taylor and everyone associated, then what’s the point of the Presidential Records Act (that’s the Act that’s been violated by diverting official White House emails through a political party server)?

    It seems they want it both ways: dodge the PRA (why?) and then claim privilege. Wouldn’t you say that they’ve already lost their claim to privilege by circumventing PRA? Or does attorney-client privilege trump all others?

    And what about the disclosures they’ve already made voluntarily (all their claims and comments to date, basically)? Haven’t they forfeited privilege by already volunteering such information?

  • I really do not believe that even this SCOTUS will come to the rescue of the 28% administration (new polls with new lows out today), not on the facts surrounding this mess. Remember, those screwed over in this scandal were solid, upstanding Republicans. And I really do not believe that SCOTUS, knowing the odds of a 2009 Dem president, will want to add protections that will benefit such a president.

  • What executive privilege would they have against compelled testimony? They can’t use that against a subpoena. There shouldn’t be any privilege here.

  • Rian, I think certain privileges have priority over subpoena powers/the ability of courts/others to compel testimony.

  • Isn’t the point of executive privilege to protect the quality of communications with the President? Are they saying the President was involved with the Griffin affair?

    I don’t see how privilege can apply for conversations between White House staffers and the DOJ, particularly for emails sent through a Republican Party server, (since that couldn’t possibly be official government business, or it would be on government servers, and preserved in accordance with law, right?)

    They can try to use the big scary Executive Privilege claim like it was The Mighty Oz, but I have a feeling it’s pretty easy to pull aside that curtain. And Leahy, for one, is angry enough to go for it.

  • The final assault on Fortress Bu$hylvania is about to begin. I guess we now know why they lawyered up with all those Ivy-League types—the “ambulance chasers” from Regent are fodder for the guns….

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