Democrats may introduce a resolution that would give the top lawyer for the House of Representatives the power to bring a civil suit against the White House and officials who refuse to cooperate in an investigation of last year’s firings of U.S. attorneys.
The move assumes the Justice Department makes good on its intention not to prosecute two White House officials for contempt of Congress for failing to testify and provide documents. House Democrats could vote as early as next week on a rarely used resolution that would find the officials in contempt.
House Judiciary Committee Chairman John Conyers Jr., D-Mich., sent a letter Monday to White House counsel Fred Fielding outlining a “final proposed compromise solution” to the ongoing battle between the White House and Congress over testimony and documents relating to the firings that many Democrats have called politically motivated.
In particular, Conyers wants the White House to allow the House Judiciary Committee to interview Chief of Staff Joshua Bolten and former legal counsel Harriet Miers. Conyers also wants the White House to turn over related documents.
Fielding has said the information is protected under executive privilege. Conyers says he believes the White House cannot assert executive privilege because Congress is investigating potential government wrongdoing.
Conyers has given Fielding until Friday to comply with the new offer.
If he doesn’t, the Democrat-led House will likely pass a contempt resolution, and House Speaker Nancy Pelosi, D-Calif., would forward the charge to the D.C. district attorney’s office, which reports to the Justice Department.
What happens next, however, is a matter of yet another dispute between congressional Democrats and the White House. Officials with the district attorney’s office have indicated they will not act upon a contempt charge. Democrats believe the law compels them to refer the matter to a grand jury.
White House press secretary Dana Perino said Monday the administration has already turned over thousands of documents and Democrats have refused an offer to interview senior staff.
“It’s very clear this is a futile attempt on their part because they know it won’t go anywhere,” Perino said.
That iswhy, one aide said, Democrats are giving “serious consideration” to the civil suit.
