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House to Move on Contempt Action Against Bush Aides

Richard B. Schmitt - The Los AngelesTimes

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hn Conyers, D-Mich., said the committee would vote Wednesday on a resolution to hold Bolten and Miers in contempt for refusing to turn over documents and testimony sought by the panel.

The decision ratchets up a battle between Congress and the White House in which the Bush administration has sought to invoke executive privilege to keep documents about the firings under wraps. The resolution would go to the House floor for a vote if, as expected, the committee approves it.

Only twice since the Watergate investigations of the mid-1970s has the full House voted to hold an administration official in contempt of Congress.

In 1982, Environmental Protection Agency administrator Anne Gorsuch refused to turn over documents; a year later, another EPA official, Rita Lavelle, refused to appear before a House committee. The Justice Department refused to prosecute Gorsuch, and Lavelle was acquitted in court.

"This investigation, including the reluctant but necessary decision to move forward with contempt, has been a very deliberative process, taking care at each step to respect the executive branch's legitimate prerogatives," Conyers said.

"I've allowed the White House and Ms. Miers every opportunity to cooperate with this investigation, either voluntarily or under subpoena. It is still my hope that they will reconsider this hard-line position, and cooperate with our investigation so that we can get to the bottom of this matter," he said.

Democrats have seized on the dismissals of the U.S. attorneys, all appointed by Bush, because of evidence that some were removed because they were not pursuing cases that would further Republican Party goals. Attorney General Alberto R. Gonzales is expected to be questioned about his role in the dismissals in an appearance Tuesday before the Senate Judiciary Committee.

Gonzales has been criticized for giving what lawmakers considered to be conflicting explanations about the depth of his involvement in the firings. He is also facing questions about a conversation he had with a former top aide, Monica Goodling, who said he attempted to discuss the firings with her before she was questioned by congressional investigators.

In his prepared testimony for the hearing, distributed Monday by the Justice Department, Gonzales, whose tenure once seemed imperiled by the controversy, said he remained troubled by the allegations of politicization at the department. But he vowed to stay at the department to "fix the problems."

Congressional investigators have reviewed thousands of pages of Justice Department documents and testimony, but the investigation has hit a wall at the White House, which has declined to make officials available for public questioning under oath.

The administration has offered to make some officials available for private questioning without a transcript and without the opportunity for follow-up questions. Lawmakers have said those conditions are unacceptable.

"It seems now that we have a fishing expedition that's woefully short on fish," White House spokesman Tony Snow said Monday. "This is one of these things where Congress can get its facts and do its due diligence without having to get to this point, and we continue to hold open the possibility of accommodation."

Under federal law, being in contempt of Congress is a misdemeanor, and cases are referred to the U.S. Attorney's office for the District of Columbia for prosecution. The penalty is one to 12 months in jail and $100 to $1,000 in fines.

Snow reiterated Monday that the administration likely would attempt to block any effort to prosecute Miers or Bolten. The White House has cited Justice Department legal opinions that contend the law does not allow for criminal proceedings against administration officials who assert executive privilege for refusing to answers lawmakers' questions.

"Certainly the tradition, when it comes to dealing with ... such matters, has been one in which, for separation of powers reasons, the Justice Department has in fact been reluctant to do such things," Snow said, adding that any final decision would be made by the Justice Department.

If the Judiciary Committee passes the contempt resolution Wednesday, it is not clear when it would reach the House floor. With Congress going on summer vacation after next week, some observers said the vote might not happen until after Labor Day.

Miers became White House counsel in February 2005, when plans for replacing some of the U.S. attorneys were formulated. One was told in the middle of last year that he was being replaced and seven lost their jobs on the same day in December. Miers resigned a month later.

Miers, who was called to testify before the Judiciary Committee on July 12, had alerted the committee that she was invoking executive privilege and would not answer questions. Ultimately, she chose not to attend the hearing, citing orders from Bush.

Bolten was the recipient of a subpoena for White House documents pertaining to the investigation. White House counsel Fred Fielding told lawmakers June 28 that the White House considered the documents protected by executive privilege and that officials would not be providing them.