Harriet Miers

White House Scraping the Bottom of the Barrel on Legal Options?

Kate Klonick | August 28, 2008, 9:41AM

Could the White House be getting desperate in its dramatic legal battle with the House Judiciary Committee? It certainly looks that way, as they scramble to delay Harriet Miers' congressional testimony after the court's recent denial of their request for a stay.

Yesterday, HJC Chairman John Conyers (D-MI) set Miers testimony for September 11, but the administration isn't going down without a fight.

From the AP:

The Bush administration had already indicated it would appeal but Justice Department lawyers said Wednesday that they will ask the court to step in quickly and temporarily put Miers' appearance on hold while the appeal plays out. It's a risky move for an administration that has spent years trying to strengthen the power of the presidency.

Yesterday, TPM's David Kurtz caught up with Senate Judiciary Chairman Patrick Leahy (D-VT) at the Democratic National Convention and got his take on the new developments in the Miers case unfolding at the HJC.

Leahy made it clear that this battle wasn't just going to end in the event of an Obama presidency. "I remind them," he said, "I'll still be chairman next year."

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Topics: Harriet Miers, House Judiciary, John Conyers, Senate Judiciary Committee

Harriet Miers

Conyers Sets Date for Production of US Attorney Documents

Zachary Roth | August 27, 2008, 4:10PM

Yesterday, a District Court judge denied the White House's request for a stay on the Congressional testimony of Harriet Miers and Josh Bolten in the US attorney case.

Emboldened by that ruling, House Judiciary Committee chair John Conyers (D-MI) announced in a press release this afternoon that his office has sent a letter to the White House setting a deadline of September 4 to comply with the judge's order to produce documents relating to the case. The letter also says that the date for Miers to appear at a hearing has been postponed until September 11.

The quest to find out the extent of the White House's role in the scandal continues...

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Topics: Harriet Miers, John Conyers, Josh Bolten

John Conyers

Conyers and WH Counsel to Meet as "Early As Next Week"

Kate Klonick | August 8, 2008, 6:48PM

Things are moving right along in the wake of the HJC v. Miers decision last week.

White House Counsel Fred Fielding has already responded to Rep. John Conyer's (D-MI) letter requesting "quick compliance" with the ruling and an answer to the subpoena issued to White House Chief of Staff Joshua Bolten for documents relating to the politicization of the Department of Justice.

Fielding (predictably) demurred, citing the recent motion for appeal, but he did comply to Conyer's other request: a meeting between the two parties to try to "work cooperatively to resolve these issues." From Fielding's letter to Chairman Conyers:

However, the fact that the Executive has noticed an appeal in this matter does not signify that we think further litigation is the exclusive path forward. . . this Administration has responded to more than 650 Congressional inquiries and investigations, and through negotiation and accommodation with Congressional committees has been able to resolve all but a very few of them. . . Toward that end, and hopefully as a prelude to meaningful discussions between us, I propose that members of our respective staffs meet as early as next week to re-commence discussing possibilities for reaching an accommodation between the Branches in this matter.

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Topics: Harriet Miers, House Judiciary, John Conyers, Josh Bolten

Harriet Miers

WH Seeks to Delay Answering Congressional Subpoenas

Kate Klonick | August 7, 2008, 2:38PM

Nothing can ever be easy with these two.

The Justice Department, on behalf of Harriet Miers and Joshua Bolten, filed its request for appeal today in the July 31 ruling in House Judiciary Committee v. Miers et al.

While the appeal is resolved, however, the DOJ also requested that the judge grant a stay on the subpoenas, allowing Miers and Bolten to continue to evade the House Judiciary Committee.

From the AP:

Without a quick stay of the ruling, Miers and Bolten may be forced to testify before an appeal can be heard, the two said in a court filing. Democrats have announced they would schedule hearings in September, at the height of election season.

"Whatever the proper resolution of the extraordinarily important questions presented, the public interest clearly favors further consideration of issues before defendants are required to take actions that may forever alter the constitutional balance of separation of powers," the Bolten and Miers request said.

A stay would also benefit Republicans, since the subpoenas expire at the end of the year, not long before Bush leaves office.

Late Update: Also today, White House Counsel Fred Fielding sent a letter to Sen. Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, saying that despite the court order last week, the White House will wait for the outcome of its appeal before responding to further subpoena request.

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Topics: Harriet Miers, John Conyers, Josh Bolten, Justice Department

John Conyers

Conyers Tells RNC To Turn Over Documents In US Attorney Probe

Andrew Tilghman | August 7, 2008, 2:10PM

Once again, the House Judiciary Committee is trying to get the Republican National Committee to turn over a stack of documents for its probe of the firing of U.S. attorneys for political reasons.

The HJC's interest in the documents comes after previous Justice Department emails revealed that Karl Rove and his aides often used the RNC email accounts to communicate about the U.S. attorneys.

The committee subpoenaed the RNC for the documents last year. The RNC refused and the House Judiciary Committee chair, Rep. John Conyers (D-MI), threatened the chairman of the RNC with contempt of Congress.

Today, Conyers takes up the fight again with a fresh letter to the RNC. Conyers reiterates the request and points to last week's court ruling when a federal judge dismissed the White House claims to blanket immunity from Congressional oversight.

Although the case did not address the RNC specifically, Conyers says the ruling gives the RNC no excuse for not complying with the 13-month-old subpoena.

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Topics: John Conyers, Republican National Committee, subpoena

Harriet Miers

Conyers Tries to Talk Rove Down from Ledge of Contempt Proceedings

Kate Klonick | August 1, 2008, 2:31PM

Following the letter sent by Senate Judiciary Committee Chairman Patrick Leahy (D-VT), House Judiciary Chairman John Conyers (D-MI) sent his own demand for the testimony and documents following the ruling yesterday in House Judiciary Committee v. Harriet Miers et al.

In a letter to White House counsel Fred Fielding, Conyers called for "quick compliance" with the ruling and an answer to the subpoena issued to White House Chief of Staff Joshua Bolten for documents relating to the politicization of the Department of Justice.

Conyers also wrote to Miers attorneys, reminding him that the ruling meant his client was "legally required to testify" in answer to Congress' subpoena.

Lastly, Conyers penned a missive to Robert Luskin, Karl Rove's attorney, informing him that his client had been held in contempt of congress by the House Judiciary Committee, but that in light of the recent decision, he hoped that it would not be necessary to carry out the contempt proceedings:

. . .[T]he "precise legal issue" raised by Mr. Rove's claim of immunity from our subpoena as a former White House official was before Judge Bates in Committee on the Judiciary v. Miers. Yesterday's decision in that case provides an unequivocal answer. . . In his letter to me of July 29, 2008, Committee Ranking Member Lamar Smith also noted the pendency of the District Court case and stated that "mr. Rove assuredly will abide by the court's decision when it issues." I trust that this is correct and that there will be no further need to enforce the subpoena through contempt proceedings in the full House, and have directed my staff to contact you immediately so that we can make arrangements for Mr. Rove to testify in September.

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Topics: Harriet Miers, House Judiciary, John Conyers, Justice Department, Karl Rove, Senate Judiciary Committee