Welcome to Gonzales Watch - Blawging the Ex-Attorney General

George T. Manning (inset, left), a lawyer representing former White House Counsel Harriet Miers in Congress’ attempt to enforce a subpoena for her knowledge of, and communications concerning the firing of U.S. Attorneys, said that President Bush’s claim of executive privilege gives her “absolute immunity” from being made to testify before the Senate.

On June 13, the Senate Judiciary Committee issued a subpoena for Miers. The subpoena 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.”

Since White House Counsel Fred Fielding continues to assert Executive Privilege in his client’s defense, the real question is when the Committee will litigate this issue in Court?

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).

Solicitor General Paul D. Clement advised President Bush yesterday that there was no need for him to comply with subpoenas from the House and Senate seeking documents and testimony from current and former White House staff over the U.S. Attorney firings scandal.

“It is my considered legal judgment that you may assert executive privilege over the subpoenaed documents and testimony,” he advised.

Clement’s rejection of the subpoenas match’s White House Counsel Fred Fielding’s rejection of the subpoenas today (Click here to read Fielding’s letter).

Here are the 8-pages of legal advice and reasoning from Clement to Pres. Bush:

White House Counsel Fred Fielding rejected the Senate Judiciary Committee’s subpoenas served yesterday demanding information about the legal rationale and justifications behind the White House’s warrantless domestic surveillance program, or what President Bush calls the “Terrorist Surveillance Program.”

As anticipated, Fielding is claiming that Executive Privilege exempts the White House from having to comply with the subpoenas, including subpoenas previously served on former White House Counsel Harriet Miers and Political Director Sarah Taylor.

Here is the full text of Fielding’s letter and its legal rationale: