WASHINGTON — President Bush's decision to defy congressional demands for documents and testimony in the U.S. attorneys case leaves Democrats with a difficult choice of lowering their sights in the investigation or facing a long and uncertain court fight.
The White House told congressional leaders Monday that Bush was asserting executive privilege in refusing them access to senior officials and documents about the firing of eight U.S. attorneys last year. The sweeping declaration said that turning over such evidence would harm the president's ability to obtain candid advice from aides.
For The Record
Los Angeles Times Wednesday July 11, 2007 Home Edition Main News Part A Page 2 National Desk 1 inches; 38 words Type of Material: Correction
Attorney firings: An article in Tuesday's Section A on President Bush's claim of executive privilege in response to congressional subpoenas said that Harriet E. Miers resigned as White House counsel in February 2005. Miers resigned in January 2007.
The apparent unwillingness of the White House to engage in the sort of political compromise that has marked such subpoena battles in the past has put the tug-of-war in uncertain terrain. Congress is left having to decide whether to move forward with rancorous contempt proceedings against administration officials or accept a limited offer of cooperation that White House Counsel Fred F. Fielding renewed Monday in a letter to congressional leaders.
Bush has offered to make White House officials, including political strategist Karl Rove, available to Congress on condition that the meetings be closed, not under oath and with no transcripts.
"Whether out of arrogance or principled conviction, the current administration has seemed all but oblivious to the political downside of insisting on executive-branch secrecy," said Peter M. Shane, an expert on executive privilege at the Ohio State law school. "Given that no one in the White House is seeking reelection, it is unclear whether they will compromise, short of receiving some extraordinary pressure from congressional Republicans who may be more concerned than the president with appearing to represent the 'party of cover-up.' "
The subpoenas are part of a probe into whether the Justice Department and the White House orchestrated the firing of several top prosecutors last year for improper political reasons. Democrats believe that some of the U.S. attorneys were fired because of disagreements over public-integrity or voter-fraud cases that could have aided Republicans.
The administration has said that the firings may have been indelicately handled but were motivated by legitimate factors such as differences over law enforcement policy.
Citing the "exclusive character of the president's appointment and removal power," Fielding wrote Monday that Congress had failed to make a compelling case for greater White House cooperation.
