President Bush asserted executive privilege Monday to thwart demands by congressional Democrats to question former White House aides about the firing of eight federal prosecutors.
The White House also chastised Democratic lawmakers for accusing Bush of failing to act in “good faith” and for writing that they wanted to “direct” Bush to comply with the subpoenas.
“Let me begin by conveying a note of concern over your letter’s tone and apparent direction in dealing with a situation of this gravity,” White House Counsel Fred Fielding wrote to the Democratic heads of the Senate and House judiciary committees. “We are aware of no authority by which a congressional committee may ‘direct’ the Executive.”
Fielding was responding to a Democratic deadline of 10 a.m. Monday for Bush to explain why he would not allow public testimony by former White House Counsel Harriet Miers and former political director Sara Taylor. Democrats have refused White House offers to question the aides behind closed doors and without a transcript.
Fielding’s response did not satisfy Rep. John Conyers, chairman of the House Judiciary Committee.
“Contrary what the White House may believe, it is the Congress and the courts that will decide whether an invocation of executive privilege is valid, not the White House unilaterally,” the Michigan Democrat said.
Sen. Patrick Leahy, D-Vt. and chairman of the Senate Judiciary Committee, added, “I have to wonder if the White House’s refusal to provide a detailed basis for this executive privilege claim has more to do with its inability to craft an effective one.”
