Attorney General Michael B. Mukasey yesterday rejected a request by House Speaker Nancy Pelosi to file with a federal grand jury contempt charges against two White House aides, one current and one former.
Mrs. Pelosi, California Democrat, said in response that she will instruct the House Judiciary Committee to file a civil lawsuit seeking enforcement of the contempt citations against White House Chief of Staff Joshua B. Bolten and former White House Counsel Harriet E. Miers.
In a letter sent to Mrs. Pelosi late yesterday afternoon, Mr. Mukasey said Mr. Bolten and Miss Miers had the legal authority to ignore a request from Congress for documents and testimony regarding the 2006 firings of several U.S. attorneys. Mr. Mukasey said he agreed with the White House’s position that the roles of Mr. Bolten and Miss Miers in the attorney firings are protected under executive privilege.
“The [Justice] Department has determined that the noncompliance by Mr. Bolten and Ms. Miers with the [House] Judiciary Committee subpoenas did not constitute a crime,” Mr. Mukasey wrote. “Therefore the department will not bring the congressional contempt citations before a grand jury or take any other action to prosecute Mr. Bolten or Ms. Miers.”
But House Democrats disagree, saying the president is constitutionally bound to allow the two to testify as part of a congressional inquiry.
“There is no authority by which persons may wholly ignore a subpoena and fail to appear as directed because a president unilaterally instructs them to do so,” Mrs. Pelosi said.
The speaker added that even if a subpoenaed witness intends to assert executive privilege, the witness is not at liberty to disregard the subpoena and fail to appear in court as requested.
Mrs. Pelosi sent the request to Mr. Mukasey on Thursday in accord with a measure overwhelmingly passed in the House on Feb. 14. Most Republicans boycotted the 223-32 vote over an unrelated issue.
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