Miller on White House Aides Who Refuse to Testify

Today, the U.S. House of Representatives General Counsel filed a civil lawsuit on behalf of the House Judiciary Committee to enforce subpoenas issued by the committee seeking information on the U.S. Attorney firings. The defendants in the case are former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten who were cited by the House for contempt of Congress last month. Contrary to federal law, the Department of Justice (DOJ) refused to present the House-passed contempt citations to a grand jury.

“The Bush Administration’s claim of executive privilege goes well beyond any privilege recognized by any court decision,” said Rep. Brad Miller (D-NC) who worked closely with House leadership to help pass the contempt resolution. The Republic will survive a court decision on the narrow question of the exact extent of executive privilege. But courts must decide. The President cannot decide by decree. The President cannot announce with absolute, unreviewable authority what information the Administration will provide or withhold.”

The civil lawsuit is the latest step in the year-long investigation into the firings of nine U.S. Attorneys and related matters. Nearly one dozen DOJ officials have resigned since evidence in the investigation became public, including former Attorney General Alberto Gonzales. Documents turned over by DOJ suggest that the White House may have played a substantial role in the development and execution of the plan to force U.S. Attorneys to resign.

“The allegations here are very serious,” Miller added. “Decisions to bring criminal investigations cannot be used to reward political friends or punish enemies. Elections have consequences, but elections in America must never have those consequences. Criminal prosecutions guided by political concerns are fundamentally incompatible with democracy and the rule of law.”

Miers and Bolten violated their obligations under Committee subpoenas by refusing to appear before the Committee or to provide subpoenaed documents. The lawsuit was filed this morning in the United States District Court for the District of Columbia and will be served on Ms. Miers and Mr. Bolton.