"The president, no less than members of Congress and federal judges, needs the protection of a principle that shields his close advisors from open-ended inquiry by another branch of government," Fielding wrote to Sen. Patrick J. Leahy (D-Vt.), and Rep. John Conyers Jr. (D-Mich.), each the chairman of his chamber's judiciary committee.
"The question remains whether the committees have demonstrated that the information sought here is demonstrably critical to the responsible fulfillment of the committees' legislative functions," Fielding wrote.
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.
Administration officials admit missteps but say the probe has become a political exercise with no hard evidence of wrongdoing that would justify penetrating the veil of executive secrecy.
Fielding also said Bush was instructing former White House Counsel Harriet E. Miers and former political affairs director Sara M. Taylor not to testify about the firings.
And Fielding rejected as "unreasonable" the committees' demand that the White House describe in detail each document it was withholding. Leahy and Conyers said they sought the "privilege logs" to assess the justification of Bush's privilege claims.
Taylor, who has been subpoenaed to testify Wednesday before the Senate Judiciary Committee, is still expected to appear as scheduled. So is Miers, who is to appear before the House panel Thursday. But they are expected to assert the presidential privilege and decline comment about the firings, congressional aides said.
"The White House seems to be throwing up every stonewalling technique they know to run down the clock on their time in office," Rep. Linda T. Sanchez (D-Lakewood) said of Fielding's letter.
Leahy asked: "What is the White House hiding? Was the president involved, and were his earlier statements to the American people therefore misleading? Or is this simply an effort by the White House legal team to protect White House political operatives whose partisan machinations have been discovered in a new set of White House horrors?"
Leahy said he still hoped to reach "some sort of accommodation" with the White House.
"Previous administrations have found ways to work with Congress," he said. "This administration seems only to obstruct and obfuscate."
A prominent Republican on the Senate Judiciary Committee, Arlen Specter of Pennsylvania, said Monday that he favored a compromise giving congressional lawmakers access to at least some information. A court battle "is going to outlast the president's term," he said.
