Rep. John Conyers, chairman of the House Judiciary Committee, has won a major
battle in his ongoing war against the Bush administration and could compel
Republican operatives Harriet Miers and Karl Rove to testify this fall.
Last week, a federal judge ruled that senior White House advisers can be served subpoenas and gave Congress the green light to investigate the Bush administration stemming from the firing of nine federal prosecutors.
As a result of the unprecedented ruling, Democrats said they will move forward to schedule hearings in September as the presidential campaign reaches a fever pitch.
United States District Court Judge John Bates ruled that former White House counsel Harriet Miers is not immune from congressional subpoena and is required to testify on the U.S. Attorney scandal in the Department of Justice.
Conyers called the landmark ruling “a ringing reaffirmation of the fundamental principle of checks and balances and the basic American idea that no person is above the law.”
“Judge Bates’ decision makes clear that the Congress had the right to subpoena Harriet Miers to learn of her role in the U.S. Attorney firings, that her claim to be immune from subpoena was invalid and that the Committee was entitled to challenge that claim in Court,” Conyers said in a statement.
“We look forward to the White House complying with this ruling and to scheduling future hearings with Ms. Miers and other witnesses who have relied on such claims,” Conyers said. “We hope that the defendants will accept this decision and expect that we will receive relevant documents and call Ms. Miers to testify in September.”
Peter C. Groff, a Colorado state senator, publisher of Blackpolicy.org, and the founder and executive director of the University of Denver Center for African-American Policy, commended Conyers but questioned his reasoning.
“Rep. Conyers earns quite a bit of credit for this - after all, he's been after the president for a long time and may finally get him, Rove and Meirs,” Groff told BlackAmericaWeb.com. “But one has to wonder to what end?
“The legal victory may serve him and future chairmen; however, the political points you score by investigating a lame duck president are pretty low now since they are out of office in five months,” Groff said.
“At this point, he could be chasing political ghosts,” he added. “You would think after the Jena 6 incident, the Sean Bell shooting and other police brutality cases the chairman would set his gavel on other pressing issues such as police brutality and miscarriages of justice.”
But Craig Kirby, a Democratic strategist, said Conyers is on the right track.
“I congratulate Congressman Conyers in his perseverance to inform not only the Congress but also the American electorate of the arrogance of Mr. Rove and Ms. Miers," Kirby told BlackAmericaWeb.com.
Meanwhile, House Speaker Nancy Pelosi said the House could soon vote on a contempt citation against Rove, formerly Bush's top adviser.
“It certainly strengthens our hand,” she said. “This decision should send a clear signal to the Bush administration that it must cooperate fully with Congress and that former administration officials, Harriet Miers and Karl Rove, must testify before Congress.”
But the White House is signaling its resistance.
“We disagree with the district court's decision,” White House spokeswoman Dana
Perino said.
“I have not yet talked with anyone at the White House ... and don't expect that this matter will be finally resolved in the very near future,” Rove attorney Robert Luskin told reporters.
The case marked the first time Congress ever has gone to court to demand the testimony of White House aides.
“Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena,” Bates wrote. “That simple yet critical fact bears repeating: The asserted absolute immunity claim here is entirely unsupported by existing case law.”
Congress will recess for five weeks of summer vacation and Republicans said there was no reason to rush.
“I'm sure it will be appealed and it will go on into next year,” said House GOP Leader John Boehner of Ohio, “and it will become a moot issue.”