House Files Suit in Contempt Case

The House Judiciary Committee filed a lawsuit in Federal court today, seeking to compel two Bush Administration officials to testify about their roles in the firing of eight United States Attorneys last year. The House voted contempt of Congress charges against White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers last month, after the two refused to answer subpoenas sent them by the Judiciary Committee. The action is a first of its kind. No branch of Congress has ever sued the Executive Branch to enforce a subpoena.

The Justice Department denied a request by House Speaker to impanel a federal grand jury to investigate Bolten and Miers, with Attorney General Michael Mukasey saying that the officials' refusal to testify to the committee, "does not constitute a crime."
Committee Chairman John Conyers (D-MI) was strident in his criticism of the Bush Administration over controversy. He said that the lawsuit was not motivated by partisanship, however, saying it was an unfortunate necessity.

"We will not allow the administration to steamroll Congress. The administration's extreme claims to be immune from the oversight process are at odds with our constitutional principles on which this country was founded, and I am confident the federal courts will agree.

I do not take this step lightly. It is extremely rare that Congress must litigate in order to enforce subpoenas and no compromise can be reached. Unfortunately, this administration simply will not negotiate towards a compromise resolution, so we must proceed.

Meanwhile, a spokesman for House Minority Leader John Boehner (R-OH), issued a statement on his behalf, calling the lawsuit a waste of time.

"This partisan political witch hunt is a complete waste of time when the Democratic leadership should be working with Republicans, and responsible Members of the Democratic Caucus, to protect our country by passing the bipartisan FISA modernization bill. In just a few days, we will recess for a two-week District work period. To do so without making sure our intelligence agencies have the tools they need to protect America would be breathtakingly irresponsible."

House Republicans staged a walkout before the contempt votes in protest over the fact that the Democratic was refusing to bring up the FISA bill but instead was considering the contempt citations.

This situation is unprecedented in Washington, so it is anyone's guess how it will play out. The most likely scenario, barring a settlement, is a victory for the Judiciary Committee in the lower courts with an appeal to the DC Circuit by the Administration. The Bush Administration would then hope to run out the clock on its term in hopes of making the case moot. But Speaker Pelosi has stated recently that she plans to pursue the contempt citations beyond the Bush Administration's tenure. In that case, a Supreme Court case could be filed if the Republican Party keeps the White House this fall.