WASHINGTON (AP) – President Bush ordered former counsel Harriet Miers to defy a congressional summons, even as a second former aide revealed new details Wednesday about administration dismissals of federal prosecutors.
Contempt citations against both women were a possibility.
House Democrats threatened to cite Miers if she refused to appear as subpoenaed for a Judiciary Committee hearing on today. The White House said she was immune from the subpoena and Bush had directed her not to appear, according to Miers’ lawyer. Democrats said her immunity ended when she left her White House job.
Across the Capitol, meanwhile, former White House political director Sara Taylor found out what Miers may already have known: It’s almost impossible to answer some committee questions but not others without breaching either the subpoena or Bush’s claim of executive privilege.
After first refusing to answer questions about Bush’s possible role in the firings, Taylor later told the Senate Judiciary Committee that she knew of no involvement by the president. Further, she said, she knew of no wrongdoing by administration officials in the controversy that has hobbled the Justice Department and imperiled Attorney General Alberto Gonzales.
The developments whiplashed across Washington as part of a broader dispute over the boundaries of Bush’s executive power and Congress’ oversight duty. Democrats, in control of Congress for the first time in a dozen years, are probing whether the White House ordered the prosecutor firings in ways that might help Republicans in elections.
The Bush administration acknowledges that the firings were clumsily carried out but insists no wrongdoing occurred. Bush has offered to allow his aides, including counselor Karl Rove, Miers and Taylor, to be interviewed by congressional investigators – but only in private and without a transcript.
Democrats on the committees rejected the offer and subpoenaed Miers and Taylor to appear this week, a possible foreshadowing of what’s to come for Rove.
In letters dated Tuesday, White House Counsel Fred Fielding told Miers’ lawyer that Bush had ordered her to stay away from Thursday’s hearing.
“Ms. Miers has absolute immunity from compelled congressional testimony as to matters occurring while she was a senior adviser to the president,” Fielding wrote to Miers’ lawyer, George T. Manning.
“The president has directed her not to appear at the House Judiciary Committee hearing on Thursday, July 12, 2007.”
Manning, in turn, notified committee chairman John Conyers, D-Mich., and Rep. Linda Sanchez, D-Calif., chairwoman of the subcommittee on commercial and administrative law.
Conyers had previously said he would consider pursuing criminal contempt citations against anyone who defied his committee’s subpoenas.
“A refusal to appear before the subcommittee tomorrow could subject Ms. Miers to contempt proceedings,” Conyers and Sanchez, wrote back to Manning. “The subcommittee will convene as scheduled and expects Ms. Miers to appear as required by her subpoena.”
At the same time, Senate Judiciary Committee Chairman Patrick Leahy held open the possibility of contempt proceedings against Taylor if she does not answer follow-up questions posed during his hearing Wednesday.
“That’s a decision yet to be made,” Leahy said.
Taylor, eager to exhibit a willingness to answer questions but refusing to do so on many of them, revealed some details behind the firings.
“I did not speak to the president about removing U.S. attorneys,” she said under stern questioning by Leahy, D-Vt. “I did not attend any meetings with the president where that matter was discussed.”
When asked more broadly whether Bush was involved in any way in the firings, Taylor said, “I don’t have any knowledge that he was.”
She said she did not recall ordering the addition or deletion of names to the list of prosecutors to be fired. Taylor said she had no knowledge that Bush was involved in the planning of whom to fire, an assertion that echoed previous statements by Attorney General Gonzales, his former chief of staff, Kyle Sampson, and Deputy Attorney General Paul McNulty.
Taylor disputed Sampson’s account that she wanted to avoid submitting a new prosecutor, Tim Griffin, through Senate confirmation.
“I expected him to go through Senate confirmation,” Taylor said under questioning by Sen. Dianne Feinstein, D-Calif.
Taylor also issued a stiff defense of her colleagues in the Bush administration.
“I don’t believe there was any wrongdoing by anybody,” she said.
On almost every question, Taylor hesitated as she considered whether answering would cross Bush’s order to not reveal internal White House deliberations.
“I’m trying to be consistent and perhaps have not done a great job of that,” Taylor said. “I have tried.”
The committee’s ranking Republican, Sen. Arlen Specter, said that may not be enough to protect her from a contempt citation for failing to answer many of the committee’s questions.
“There’s no way you can come out a winner,” said Specter, R-Pa. “You might have been on safer legal ground if you’d said absolutely nothing.”
That, in effect, was Bush’s order to Miers – say nothing.
Fielding based his advice to Bush on a Justice Department memo this week that quoted former officials – from former Attorney General Janet Reno to the late Supreme Court Justice William Rehnquist, writing as an assistant attorney general – as saying the president and his immediate advisers are absolutely immune from congressional subpoenas.
The Democrats shot back that those documents referred only to White House advisers currently serving. Miers and Taylor left the White House earlier this year.