July 25, 2007
Posted: 12:23 PM ET

The House Judiciary Committee is recommending contempt charges for White House aides Harriet Miers, above, and Josh Bolten.

WASHINGTON (CNN) — The House Judiciary Committee on Wednesday voted to recommend that Congress issue contempt citations to a former and a current White House official for failing to comply with subpoenas issued in the investigation into the firings of eight U.S. attorneys last year.

The panel voted 22 to 17 on a resolution to cite former Counsel Harriet Miers and Chief of Staff Joshua Bolten. Their decision now goes to the House floor for a vote.

A Democratic leadership aide told CNN the full House is unlikely to take up the issue before its August recess.

"This is not a step that as chairman I take easily or lightly, but it is one I believe necessary — not only to allow us to gain an accurate picture but to protect our constitutional prerogatives as a co-equal branch of government," said committee Chairman John Conyers, D-Mich., at the start of the meeting.

Miers was President Bush's pick for the U.S. Supreme Court, before she removed herself from consideration in October 2005.

The citations were requested in response to Miers and Bosten's failure to comply with subpoenas issued by the committee for documents and testimony, including Miers' refusal to even appear at her scheduled hearing on July 12.

White House Counsel Fred Fielding alerted the committee on June 28 that the White House would not provide the documents as required by the subpoena, asserting President Bush's executive privilege.

"The investigation did not begin with the White House, but has ended up there only after a review of thousands of pages of documents and obtaining the testimony and interviews of 20 current and former Department of Justice employees," Conyers said.

"We have been open at all times to reasonable compromise, and have been fully respectful and cognizant of the prerogatives of the executive branch."

Filed under: Harriet Miers • Josh Bolten


LQ, Rochester MN   July 26th, 2007 10:18 am ET

The level which Bush and his cronies feel that they are above the law makes me sick!! This woman had once been nominated for a supreme court justice and now she ignores subpoenas?
Unbelievable.
I remember the Watergate hearings, listening to the radio every day while at my first job. I feel this presidency is worse. Not only is this imperial government above the law, but due to its lies, it is responsible for more than 3600 American deaths and who knows how many Iraq civilian deaths. Even Nixon did not start a war.
I don't think anything will come of all these proceedings b/c Dubya can always pardon his cronies. But I agree – it is never a waste of time to do the right thing. To do otherwise, is to agree and support with what is being done by this government.

Jeremy , Gastonia, NC   July 25th, 2007 11:52 pm ET

This Administration has done gone to far with Executive Privilege. I hate to say it this way, but the Bush Administration has done made this look like there is something underneath the smoke, if they are stonewalling.

Jon, Sacramento ~ Ca   July 25th, 2007 8:31 pm ET

*** UPDATE ****

As I posted earlier – the House Panel has contacted the US Attorney's office about pursuing contempt charges. The US Attorney's office immediately responded they would NOT take the contempt charges to court because they (US Attorney) do not agree employees covered under executive privilege can be cited for contempt charges from congress (in this specific instance).

More wasted time… more wasted money…

Go ahead (House of Reps) and vote for the contempt charges. This is only going to be solved through the Federal Courts determining IF executive privilege applies or not. If it does – game over. If not.. the fishing trip will continue.

bprosserme   July 25th, 2007 8:16 pm ET

House is out of control and reaching beyond their job descriptions.

erika morgan black dimond wa   July 25th, 2007 8:09 pm ET

The reason Bush/Chaney know they are above the Law, is because we allowed Nixon to be pardoned by Ford. The example from history is that there is no accountability, office holders will never be held to their "Oath of Office" these things are just empty show.

If we want to be taken seriously by the people of the World and our own Citizens, we must bring every hint of wrong doing by anyone in Government to the full light of day, and extract justice for the individuals who committed the crimes ignoring the office they hold. If we are unable to follow this through at this time we deserve the tyranny of Fascism that results. This we can see now in the over use of executive privilege, by this administration, is the result of our failure to prosecute for justice. It could never be a waste to curb the destruction of the "Bill of Rights" or the Constitution even if its fruition occurs after the office vacated by the suspected criminal.

Mike, HI   July 25th, 2007 7:11 pm ET

S. Jennings:

Claiming the Democrats are destroying the Constitution and then implying that the Patriot Act is legitimate is a little hypocritical, don't you think?

Jon: I agree that, when it comes to the impeachment discussion, there is nothing solid out there yet to justify it. But I think the contempt charges are justified and we should support however far they lead. Personally, I don't think the power of EP is warranted anyway. Obviously, it doesn't prove guilt, but Congress shouldn't have to suffer EP with every attempt at oversight.

Dale G. Los Angeles, Ca.   July 25th, 2007 5:52 pm ET

S.Jennings
AMEN to that!!
The dimwit dems even wanted to protect 'them' by allowing John Doe citizen to be hauled into court by lawyers from the ACLU for CAIR on charges of racial profiling just because they reported suspicious behaviour!
Keep this up and we'll all be on our knees, butts in the air, faces in the carpet five times a day, praying to the moon god allah.

Yes I'm angry!! Look at Europe!!

Conyers is nothing more than a media w–re wanting his face on TV and in the spotlight every day. This is a 'DO NOTHING' congress who should spend my tax dollars legislating and not investigating. Fishing in a fishless pond, what a bunch of losers!

I thank God every day for President Bush, a man who is a president FOR the people even though he knows what he does to protect us will take him lower in the polls.
History will prove him to be right.

MCD, San Francisco   July 25th, 2007 5:30 pm ET

Another thing… at some point the Courts are going to have to say: enough already, not EVERYTHING can be considered either a "state secret" or "executive privilage". The overuse of these categories has reached such a ridiculous level they no longer hold any credibility.
.

Patrick, Overland Park, Kansas   July 25th, 2007 5:25 pm ET

I am so unbelievably sick of this adminstration and its complete lack of respect for the rule of law. For christ's sake they are just making up laws as they go now! First they say that aides to the President can't testify, so Congress votes to hold them in contempt for not showing up. Then in the most shameful and cowardly of moves the White House has moved to block federal prosecutors from actually enforcing the contempt citations. They are trying to prevent law enforcement from actually enforcing the laws. What the **** is going on America? Think this is still a Democracy, let alone a Republic? Apparently George W. Bush does not think so. To him, he's running a dictatorship where noone who works for him is accountable for their actions, well intentioned or otherwise. Unbelievable.

Eugene Elliott, Orlando, FL   July 25th, 2007 5:24 pm ET

The garling error is that this should have done for Chaney 5 years ago. He and his lap dog have stonewalled the investigation into the 2001 thieft of 6 Billion $ in the energy scam that the energy companies in Texas committed against the rate payers in California. One thing the next President should do is release all the papers of this VICE President to the light of day, and a Federal Prosecutor. An responsibly run nation would have impeached Chaney 4 years ago and he would be in prison for the next 20, unless he paid back all the money. Then we could start on the contracts allowing the war profiteering of his chronies in Halliburton. …. Katrina?

Ted Thomas Dillon Beach, CA   July 25th, 2007 5:09 pm ET

I agree with most of the comments on here that state that this is definitely NOT a waste of time. Jon (one of the first comments) has a point, in that this is not going to go very far, but hopefully people will begin to understand that with this administration, combined with the rubber stamp republican congress, there was absolutely no oversight or checks and balances. If the demo's had been in charge of Congress (or the white house) this would never have gone this far. THAT is what has been a waste of time – the Bush Administration's nose-thumbing of the Constitution. It truly turns my stomach to think what this man has done to our great country. Bush should be ashamed of himself, and I am quite certain that history will judge him in kind.

Mrs. America   July 25th, 2007 4:47 pm ET

When Bush feels more backed into a corner than usual, he ups the terrorist fear factor, which he has certainly been doing lately. Even Nixon didn't stoop so low.

J. Abbott   July 25th, 2007 4:13 pm ET

If contempt citations are approved by the House, Speaker Pelosi must NOT refer the matter to the US Attorney for the District of Columbia. Miers, Bolten and any others should be tried in the House itself, for which there is ample precedent. And the rationale: The US Dept of Justice is completetly compromised and inable to carry out its constitutional role in this matter.

Mike, Corpus Christi Texas   July 25th, 2007 4:00 pm ET

Oh and for those who keep on bashing the Congress for low approval ratings and getting nothing done, that's a buch of "BUNK." Remember the Dems control the HOUSE, and they just have a 1 seat majority in the Senate. It takes a majority of both Houses of Congress to pass any legislation, unless of course more Repubs vote with the Dems. It's a matter of playing the numbers game. If you blame the Congress for being inept, remember that Republicans are also part of the Congress, though a minority, they can still keep legislation from passing due to their filibustering! And finally, guess WHO HOLDS THE VETO PEN?!

Allan Hanson 2623 Julie Court Cameron Park, Ca. 95682   July 25th, 2007 3:57 pm ET

You don't have to be MENSA material to know that the top priority of this Administration would be to "get Saadam".
Every speach he made refered to the "Axis of evil" that had to be dealt with. His loading his Cabinet with like thinkers made it more likely.
He had to clear "Daddys" name for not getting Saadam when he drove him out of Kuait.
It had nothing to do with 9-11, oil,or WMB's. It was all ego.
Impeachment would not be a waste of time nor would being tried as a war criminal. Both deserved.

MCD, San Francisco   July 25th, 2007 3:51 pm ET

May not be a waste of time… eventually, the republican reps have to realize that this administration is ruining our country and our way of life. At some point they must act… they have lost a lot of support and power because of bush&co. I would imagine they are going to hear alot about it during the recess while they are back home.

Mike, Corpus Christi Texas   July 25th, 2007 3:44 pm ET

So the repubs hate the Congressional Oversite Committee's, well that's just too bad isn't it?! It's about time for Oversite, since it hasn't been seen in the Congress for the last 6 1/2 years. Wonder why the repubs hate to sit in the hot seat?!………The whole Bush admin. reminds me of the corrupt president in the movie Clear and Present Danger. If you haven't seen it, watch it!!

David, Gilbert Arizona   July 25th, 2007 3:37 pm ET

If the world nations weren't laughing at us before they sure are now.

Jon, Sacramento ~ Ca   July 25th, 2007 3:37 pm ET

IF ~ Colorado writes, "How does one find concrete evidence making impeachment plausible, when same executive privilege you yield to without scrutiny prevents that very evidence from surfacing? These premises seem to cancel each other out."

You're right – it is possible for a President to abuse Executive Privilege in an attempt to cover up possible wrongdoings. However, because a President invokes EP does not either automatically mean something is being hidden.

This probe stems from the Bush Administration firing 8 US Attorneys – suggesting the firings were politically motivated and are being investigated. The previous administration (Clinton) fired 93 US Attorneys and claimed, "All those people are routinely replaced" – even though this level of dismissals was unprecedented.

My point isn't to say "Clinton did it too". Rather to say – if firings are common when new administrations take over… WHY now the intense scrutiny and hearings over these 8?

This administration taking a defensive posture (and the fact I do believe President Bush is attempting to establish the hard boundaries of Executive Privilege) – seem reasonable, just as Clinton did when Republicans were going after him.

IF it were determined the firings of these 8 US Attorneys had some political implications – IS that worthy of impeaching this President? No. Removing Albert Gonzales but not impeaching the President.

The other issue to keep in mind… this is setting a harsh precedent. When the next administration takes office (Presumably Democratic President) – count on hearings, subpoenas, and spending our tax dollars again!

S. Jennings, Hewitt, NJ   July 25th, 2007 3:08 pm ET

Congressional Liberal Democrats should read the Constitution. The EXTREME LEFT Lib leadership constantly tries to usurp the Constitutional powers of the Presidency.
Can anyone tell me what the Democratic leadership has accomplished? Have they helped our servicemen ? How ? By telling the enemy that we've lost !By telling them when we're going to leave ? NO ONE WANTS WAR ! BUT WHAT IS THERE PLAN TO PROTECT THE SECURITY AND INTERESTS OF THE USA? Oh, I forgot. Give constutional rights to terrorists who wnat to kill us and vote against the Patriot Act. Yeah, that's the plan.
What is there plan for the prosperity of the country ? What can or will they do that will make it better for HARD WORKING CITIZENS ? Oh, I forgot. Get rid of the tax cuts ! Raise my taxes, give free services to illegal immigrants, and turn our country into a Socialist state. Yeah , that's the plan !

If I'm not making sense, then maybe they will understand me.

God help us ! Oh, I forgot. Better not say that either.

IF Colorado   July 25th, 2007 3:02 pm ET

Jon, judging by your grammar and punctuation, you seem to be educated.

How does one find concrete evidence making impeachment plausible, when same executive privilege you yield to without scrutiny prevents that very evidence from surfacing? These premises seem to cancel each other out.

The Democrats are far from infallible, and are likely not going to do much since they are already posturing for the 2008 elections. But it seems many of us, perhaps the majority, are dreaming of a government of the people.

Jack Jett   July 25th, 2007 2:58 pm ET

I live in Dallas Texas which is a safe haven for criminals like Miers, Gonzales, and Tom Delay, etc etc etc.

These Texas bubbas are never going to let Mama Miers go testify in front of these evil Democrats. Jesus wouldn't want that.

Jack Jett
http://www.jackejett.com

Jon, Sacramento ~ Ca   July 25th, 2007 2:44 pm ET

Travis writes, "So, if I understand what you’re saying, Jon, it’s that you acknowledge there has been wrongdoing on the part of the executive branch and you acknowledge there will be further wrongdoing because the president will order the US attorney not to prosecute Harriet Miers. Therefore, since those who have been in contempt by refusing to testify will be bailed out because of an truly unethical play by their boss that subverts the independence of the legislative and judicial branches, we should just leave it be?"

Travis – I never suggested or agreed there WAS any wrongdoing or nothing. None of us know – folks only suspect. Could there be something? Sure. Could it simply be that this President is resisting a democratic congress attempting a broad fishing expedition on every decision they disagree? Perhaps.

Point is – this President has not broken the law. Many disagree with his decisions, the Iraq War, his approach to coercing terrorists to talk, etc. But none of this warrants calling him a criminal nor is sufficient for impeachment.

We can yell and shout all day long – for or against the President. It's the courts which will decide legitamacy or illigitamcy of any accusations.

Jon, Sacramento ~ Ca   July 25th, 2007 2:35 pm ET

Les ~ Aurora, IL wrote, "Doing the right thing is never a waste of time. Impeachment that can never pass the senater would not be a waste of time. "

First, Les & Impeach now crowd, you must have concrete evidence this President committed High Crimes and Misdemeanors – not just suspicion or theories. Then you must have articles of Impeachment drawn by the House of Representatives, debated, and voted by the majority.

With Pelosi saying impeachment is off the table, Reid concluding it won't happen, and without evidence… what are you basing your call for impeachment?? Cause you just don't like the guy??

I understand many do not like this administrations pressing the legal system (much like the Clinton Administration did) – but pressing the legal system (executive privilege) is not ILLEGAL. Federal Courts, the Supreme Court, or by negotiation – these issues of testimony or not testifying get resolved.

STAN ~ Houston,

Inherent Contempt might be a threat to your average citizen. Ms. Miers was a memeber of the President's Cabinet and her conversations are protected by Executive Privilege. This matter (executive privilege being properly applied or not) will go through the courts. No one will not be arrested by Mr Conyers – other than Cindy Sheehan.

Aaron denver, co   July 25th, 2007 2:31 pm ET

Conyers is WASTING everyone’s time and the taxpayers money!

Really. So its a waste of money for Congress to fight for our own democracy here at home while we waste even more money failing to install a so called democracy abroad (Iraq). That makes a lot of sense.

kathe oakland ca   July 25th, 2007 2:31 pm ET

TOM and SAM – RIGHT ON to both of you. CNN is showing a bias and Sam yes
Just wish rest of America would wake up especially these republicans who don't seem to understand or do they? I guess it is alright to drag our country down in the pig pen – that is why they voted for Bush again

Sad Dog   July 25th, 2007 2:07 pm ET

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IF Colorado   July 25th, 2007 2:04 pm ET

Wasting time and money? Are we supposed to give up on checks and balances just because Bush ultimately makes his own rules as he goes? This contempt is not likely to advance beyond congress, since, again, those culpable are also in control of the system which would hold them liable. Every time Bush proclaims executive privilege, some semblance of truth has been avoided. Is this really how the constitution should be interpreted?

Restore checks and balances!

P.Grimes Indianapolis, IN   July 25th, 2007 1:50 pm ET

Well then that would be a good time to appoint the special prosecutor that Spector suggested, or impeachment procedings for not vigorously defending the Constitution.

A. Bobotek, Redmond, WA   July 25th, 2007 1:46 pm ET

While the path to prosecuting the contemptuous (ultimately Bush) is arduous, it is proper and to pursue it. How else will contempt be exposed?

DF   July 25th, 2007 1:43 pm ET

So, American Presidents and their entire staff, past and present, really are beyond the reach of any law that they do not voluntarily submit to?

Brendose, Oceanside Ca   July 25th, 2007 1:43 pm ET

I agree that this is a complete waste of time. At the same time, this truly shows that President Hitler has complete power over the whole coverup situation. I think no matter which way Congress tries to go on this issue, the buck stops at the President and the US Attorney……why do you think Alberto won't resign? He is there to cover the President's rear.

John, Kalamazoo, Michigan   July 25th, 2007 1:40 pm ET

I think it is a legitimate issue. Perhaps we should just cancel the next election. I say best wishes to the committee and to the voters in 2008.
The Congress could cancel the recess and stay and get some votes out of the way though.

Travis B Glade Spring, Virginia   July 25th, 2007 1:40 pm ET

Obviously, the thought that legal action will be taken by the US attorney is futile. BUT to sit back and allow the Executive Branch to defy Congress and the American people is unacceptable. This does accomplish pressuring President Bush and the more times you refuse to cooperate the more guilty you appear.

MediaJunkie, Washington DC   July 25th, 2007 1:36 pm ET

This whole thing is a debacle, but I don't know that it should be considered a waste of time or taxpayers money. It's probably a good idea to clarify how far executive privilege can go, and it has to go to the courts for that to be determined. U.S. Attorneys, although appointed by the president, are supposed to be apolitical. Even if Bush doesn't support the contempt charges being brought, he's not supposed to have a say in it. But wait, isn't that what the whole investigation is about? Politically motivated firings of U.S. Attorneys? How is trying to get the bottom of all of this a waste of time and taxpayers' money? Is the fact that many claim to know the outcome of such an investigation a strong enough argument to prevent it from taking place?

Douglas H DeGroat, Wallkill NY   July 25th, 2007 1:34 pm ET

Being this is a US Attorney that will get the contempt charge, I'm 100% positive he's a "Loyal Bushy" so this will not go anyplace. Even if it did Komrade George will Pardon Miers and Bolton. So yeah, this is a waste of time.

Impeachment is the only option to get rid of the kind of stink in the White House, but even that's a waste of time. By the time the whole process is over with, we'll have a new President.

I don't see anything to do but wait out Komrade George at this point.

Jody, Flint, MI   July 25th, 2007 1:34 pm ET

It's better than doing nothing and just accepting imperial rule.

Aaron, Denver CO   July 25th, 2007 1:32 pm ET

If the President intervenes to prevent a U.S. Attorney from prosecuting contempt of Congress charges, the Congress *does* have recourse: Impeachment.

Travis, Maryville, Missouri   July 25th, 2007 1:30 pm ET

So, if I understand what you're saying, Jon, it's that you acknowledge there has been wrongdoing on the part of the executive branch and you acknowledge there will be further wrongdoing because the president will order the US attorney not to prosecute Harriet Miers. Therefore, since those who have been in contempt by refusing to testify will be bailed out because of an truly unethical play by their boss that subverts the independence of the legislative and judicial branches, we should just leave it be?

Stan, Houston, Texas   July 25th, 2007 1:26 pm ET

Executive branch does NOT have de facto immunity here. Two types of Congressional contempt proceedings 1) statuatory, where charges are referred to US Attorney, and 2) inherent contempt, in which the Congress does the prosecution. Serious stuff. Punishment can be imprisonment. See Wikipedia for details.

James Lampert, Fountain Valley, CA   July 25th, 2007 1:25 pm ET

Re: Jon from Sacramento

Not necessarily. While "statutory contempt" has the advantage of persisting beyond the current session, Congress still has the power ("inherent contempt") to send out its Sergeant at Arms to personally arrest an individual held in contempt, and haul that person's butt in front of Congress. And there's not one damn thing the Administration can do about it.

Josh, Ann Arbor, MI   July 25th, 2007 1:24 pm ET

It's worth a shot, if only to demonstrate to the american people the immense and unreasonable amount of power the president is presuming under executive privilege. This is an important step if not to achieve real action, but for the pure act of defiance to an executive branch that has long overstepped it's bounds.

TJ, Orlando, FL   July 25th, 2007 1:24 pm ET

…and we came how close to this serving on our Supreme Court?!?

1 year and she has somehow suddenly lost the respect for the law she at one time claimed she would uphold?

Anonymous   July 25th, 2007 1:21 pm ET

can they appoint a special prosecutor because a conflict of interest exists?

Michael   July 25th, 2007 1:17 pm ET

Au contraire, Jon.
This is not a waste of time. It demonstrates to the nation the unmitigated gall of the Bush administration, who believes they can thumb their noses at Congress when they see fit—especially since the Democrats took over.

It's just too bad that Bush can't be cited for contempt of Congress—we already know he has that contempt!

Les Aurora, Il   July 25th, 2007 1:16 pm ET

Doing the right thing is never a waste of time. Impeachment that can never pass the senater would not be a waste of time. At least let it be recorded for posterity that we noticed a little bit that this administration flaunted our constitution so aggregiously.

Sam, Charlotte, NC   July 25th, 2007 1:14 pm ET

About time Congress is standing up to the Bush Administration. Next will be prosecuting Gonzales for perjury, then impeaching the worst President in the history of this country.

slavin, Richmond VA   July 25th, 2007 1:09 pm ET

Contempt is right. The Bush adminstration has shown nothing but to Congress, the Constitution and the people of the United States. Don't stop at these two, Mr. Conyers!

Erica, Seattle, Washington   July 25th, 2007 1:07 pm ET

I wish that our country didn't have administrative problems as serious as these that threatened the basic structure of how our government works. I wish we could set aside time to deal with seriousl world issues like Global Poverty and not pump our finances (340 billion dollars) in the Iraq War (Borgen Project). Let's fix this together!

Andrew   July 25th, 2007 12:57 pm ET

My question is that if congress issues contempt charges, can't Bush just pardon them immediately. Even if a court does rule down the line in favor of congress in the executive privilege matter what can congress do that the President can't pardon. I guess the founding fathers never imagined two tyrants in the White House.

Jon, Sacramento ~ Ca   July 25th, 2007 12:55 pm ET

Conyers is WASTING everyone's time and the taxpayers money!

Here is the process of a congressional subpoena and contempt charges:

1) A house panel issues a subpoena
2) Individual refuses to show
3) Panel requests contempt charges be filed
4) The full House of Rep must vote to approve the contempt charges (first hurdle)
5) If House approves contempt charges it then gets referred to the US Attorney
6) The US Attorney can refuse to prosecute and can not be coerced by congress. The US Attorney falls under the executive branch (President).

So… Conyers thinks the President it going to support the US Attorney pursuing contempt charges because Harriet Miers won't testify??

BIG WASTE OF TIME AND MONEY, Mr Conyers!

Tom, Decatur, GA   July 25th, 2007 12:34 pm ET

I don't like the Pro-Hillary/Anti Obama bias you've been showing lately. I'm going to be avoiding the CNN site for a few days in hopes that it changes. We don't need another FOX news.

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