July 9, 2007

White House Counsel: Executive Privilege Protects Against Subpoenas

White House Counsel Fred Fielding rejected subpoenas from Congress seeking documents and testimony from former White House aides to President Bush in the Justice Department’s U.S. Attorney firings scandal .

The full text of Fielding’s letter can be read below.

On June 13th, the Senate and House subpoenaed former White House Counsel Harriet Miers and White House Political Director Sarah Taylor.

The subpoena for ex-White House Counsel Harriet Miers sought “[c]omplete and unredacted versions, including paper and electronic versions, of any and all documents in your possession, custody or control related to the Committee’s investigation into the preservation of prosecutorial independence and the Department of Justice’s politicization of the hiring and firing of United States Attorneys.”

Fielding tells Senate Judiciary Committee Chairman Patrick Leahy (Dem. - Vt.) and House Committee on the Judiciary Chairman John Conyears (Dem. - Mich.) that Executive Privilege protects Pres. Bush from having to respond to the subpoenas: “where the President’s authority to appoint and remove U.S. Attorneys is at stake, the institutional interest of the Executive Branch is very strong.”

Using litigator’s language, Fielding stressed that “the President’s assertion of [Executive Privilege] here comports with prior practices in similar contests, and that it has been appropriately documented.(emphasis added).

White House Counsel Fielding claims Executive Privilege protects President Bush’s ex-aides from subpoenas
White House Counsel Fielding claims Executive Privilege protects President Bush’s ex-aides from subpoenas
White House Counsel Fielding claims Executive Privilege protects President Bush’s ex-aides from subpoenas