Bush Rejects Congressional Subpoeanas on Attorney Firings

The Bush administration on Monday asserted executive privilege in rejecting Congressional subpoenas seeking information from two former White House aides about the firings of at least eight U.S. attorneys. White House lawyer Fred Fielding sent a letter to Sen. Pat Leahy (D-Vermont) and Rep. John Conyers (D-Michigan), explaining that:

"[T]he assertion of Executive Privilege here is intended to protect a fundamental interest of the Presidency: the necessity that a President receive candid advice from his advisors and that those advisors be able to communicate freely and openly with the President, with each other, and with others inside and outside the Executive Branch."

The letter, which can be read in its entirety here (.pdf), directs former White House political director Sara Taylor and former White House counsel Harriet Miers not to testify before Congress. (Taylor was scheduled to appear before the Senate Judiciary Committee this Wednesday.)

Fielding also claims in the letter that Congress has no authority to request a "privilege log," a detailed list and description of each document withheld. Previous administrations have regularly provided Congress with privilege logs. But Fielding called the demand "unreasonable" and a "substantial incursion into Presidential prerogatives....the Committees have already prejudged the question, regardless of the production of any privilege log. In such circumstances, we will not be undertaking such a project, even as a further accommodation."

Leahy, as expected, blasted the White House's decision, calling it "more stonewalling." He also said the White House has kept more than 66,000 e-mails related to the attorney firings hidden from Congress.

“It is unfortunate that the White House is trying to interfere with Ms. Taylor’s testimony before the Senate and with Congress’s responsibility to get to the truth behind the unprecedented firings of several U.S. Attorneys. There is clear evidence that Ms. Taylor was one of several White House officials who played a key role in these firings and the Administration’s response to cover up the reasons behind them when questions first arose. There is also clear evidence that Ms. Taylor was part of more than 66,000 RNC e-mails that have been kept hidden from the public as part of a White House-wide effort to avoid oversight by ignoring the laws meant to ensure a public record of official government business."