To ward off subpoenas, White House offers Rove, Miers testimony behind closed doors
 House Judiciary Chairman John Conyers, Jr. (D-MI) and Subcommittee Chairwoman Linda Sanchez called a meeting this morning to authorize subpoenas for five current and former White House and Justice Department officials, RAW STORY has learned. Later in the day, the White House offered to allow a few officials to give limited testimony "behind closed doors."
According to a press release, "The Subcommittee on Commercial and Administrative Law (CAL) will meet TOMORROW, March 21st at 10:15 am in 2141 Rayburn House Office Building to consider subpoenas for Kyle Sampson, Karl Rove, Harriet Miers, William Kelley, and Scott Jennings, as well as White House and Justice Department documents, which have not been provided to date."
Late afternoon, White House counsel Fred Fielding offered to allow Rove and Miers to give unsworn testimony behind closed doors, according to a report on MSNBC, and later confirmed on CNN. The pair would not be testifying under oath, and the White House also doesn't want transcripts made of the testimony.
Not very happy with the offer, Senator Chuck Schumer (D-NY) called it a "very clever proposal," and said that it will be considered by the Congressional committee leaders. Democrats have been calling for on-the-record testimony by Rove, Miers and others, and the Senate may issue its own subpoenas.
"We'll proceed with subpoenas on Thursday," Schumer told MSNBC.
CNN.com reports that Schumer "told reporters after the meeting with Fielding that the offer from the White House 'is incomplete.'"
"Although Fielding indicated that he was not prepared to negotiate in the matter, Schumer said lawmakers would try to get tougher requirements for the interviews," the CNN article continues. "'He wanted this to be a conversation rather than a hearing, but let's have a conversation under oath and with a transcript,' Schumer said."
CNN's report adds, "Schumer and House Judiciary Committee head Rep. John Conyers said both committees will move forward to approve the use of subpoenas to get White House officials to testify.That would not mean that subpoenas would be issued immediately, only that the committees would be able to use them."
According to a CNN correspondent, at least one Republican lawmaker thought that the offer would suffice.
Later, on Fox News Channel, anchor Shepard Smith also reported that Conyers was planning to continue to pursue the subpoenas, despite the offer.
Fielding letter
In a letter addressed to Chairman Leahy, Chairman Conyers, Ranking Member Specter, Ranking Member Smith and Congresswoman Sanchez, Fielding writes that the White House wishes "to reach a reasonable accomodation so as to provide your Committees the information they are seeking in a way that will allow this President, and future Presidents, to continue to discharge their constitutional responsibilities effectively."
According to Fielding, the "more than 3,000 pages of documents" that the Department of Justice released late last night "do not reflect that any U.S. Attorney was replaced to interfere with a pending or future criminal investigation or for any improper reason."
"Congress, in short, is receiving a virtually unprecedented window into personnel decision-making within the Executive Branch," Fielding says of the documents released and "interviews to be provided by Department officials."
The President's Counsel adds that "the President must remain faithful to the fundamental interests of the Presidency and the requirements of the constitutional separation of powers."
"In response to the invitations for interviews extended by the Committees, I am prepared to agree to make available for interviews the President's former Counsel [Miers]; current Deputy Chief of Staff and Senior Advisor [Rove]; Deputy Counsel [William Kelley]; and a Special Assistant in the Office of Political Affairs [J. Scott Jennings]," Fielding writes. "We are prepared to agree to the following terms, which, considering applicable constitutional principles relating to the Presidency and your Committees' interests, we believe are fair, reasonable, and respectful."
The letter continues, "We believe that such interviews should be a last resort, and should be conducted, if needed, only after Congress has heard from Department of Justice officials about the decision to request the resignations of the U.S. Attorneys."
"Such interviews may cover, and would be limited to, the subject of (a) communications between the White House and persons outside the White House concerning the request for resignations of the U.S. Attorneys in question; and (b) communications between the White House and Members of Congress concerning those requests," Fielding writes. "Those interviews should be conducted by both Committees jointly. Questioning of White House officials would be conducted by a Member or limited number of Members, who would be accompanied by committee staff."
However, Fielding writes, "Such interviews would be private and conducted without the need for an oath, transcript, subsequent testimony, or the subsequent issuance of subpoenas," and "a representative of the Office of the Counsel to the President would attend those interviews and personal counsel to the invited officials may be present at their election."
"We trust and believe that the accommodation we offer here, in addition to what the Department of Justice has provided, should satisfy the Committees' interests," Fielding's letter concludes.
FULL FIELDING LETTER CAN BE READ AT THIS PDF LINK
Conyers press release excerpts:
#
WHO: House Judiciary CAL Subcommittee
WHAT: Authorizing Subpoenas for White House, Justice Officials and Documents
WHEN: TOMORROW, March 21st, 10:15 am
WHERE: 2141 Rayburn HOB
#
|
