Brian Beutler Reports:
Earlier this month, the House Judiciary Committee filed a motion (PDF file) against current and former Bush administration figures in civil court, with the limited aims of securing testimony and documents regarding the firings of nine U.S. attorneys by the Justice Department under the watch of then-Attorney General Alberto Gonzales. Acting on White House orders, both White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers have refused to comply with the committee's subpoenas. And Attorney General Michael Mukasey recently blocked the Justice Department from prosecuting the White House staff members for criminal contempt of Congress. This means it's up to the House of Representatives to pursue the contempt citations, which could set a legal precedent that would make it more difficult for future presidents to defy the will of Congress. When the full House votes to issue statutory contempt citations against individuals who impede congressional investigations, the criminal charges are usually referred to, and prosecuted by, the Justice Department. But the Justice Department, like all executive branch agencies, is ultimately controlled by the president and his appointees, and this time around, with current and former federal officials under the microscope, the White House is refusing to abide by the rules. The House Judiciary Committee's attempt to have its case heard in civil court, bypassing the Justice Department, marks a departure from past practice -- but the maneuver could provide Congress with a new recourse in any future attempt by the executive branch to stymie congressional oversight.
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--The Editors
