Upholding the Constitution
On February 14, 2008, the House approved H.Res. 982, which provides for the adoption of H.Res. 979, recommending that the House of Representatives find Harriet Miers, former White House Counsel, and Joshua Bolten, the White House Chief of Staff, in contempt of Congress for refusal to comply with subpoenas issued by the Judiciary Committee. These subpoenas were issued as part of the Committee's investigation into the firings of a number of United States Attorneys and matters concerning the politicization of the Justice Department. This resolution also provides for adoption of H.Res. 980 - Authorizing the Committee on the Judiciary to initiate or intervene in judicial proceedings to enforce certain subpoenas.
Since February of last year the House Judiciary Committee has been investigating the firings of a number of United States Attorneys and related matters concerning the politicization of the Justice Department. After months of trying to secure crucial information voluntarily, the Judiciary Committee served subpoenas on former White House Counsel Harriet Miers and on White House Chief of Staff Josh Bolten. Yet both refused to comply, asserting executive privilege, and Ms. Miers refused to appear at the Judiciary Committee’s hearing. The Judiciary Committee approved a contempt resolution that the House must now take up along with the accompanying resolution to authorize civil litigation to enforce the subpoenas. Congress has a responsibility and a duty to hold the Administration accountable and cannot allow the Administration to refuse to appear before Congress.
The subpoenaed information is crucial to the Committee’s ongoing investigation because:
- There likely is significant evidence of wrongdoing;
- White House personnel apparently played a key role in launching and supervising the U.S. Attorney firings;
- The information is not available from any other source.
A vote for these resolutions would direct the Speaker to refer the criminal contempt charges to the U.S. Attorney for the District of Columbia
- The USA is required by law to present them to a grand jury. The Administration has indicated it may nevertheless forbid the U.S. Attorney from following the law, which is one reason for the companion resolution authorizing the filing of civil litigation to enforce the Committee’s subpoenas.
- The civil litigation resolution will allow a court to order that the White House and Miers produce the information sought regardless of whether criminal contempt is prosecuted. In fact, a court is more likely to order such relief if prosecution is refused. Even after the matter is referred to the U.S. Attorney, the Committee will urge the White House to cooperate voluntarily.
Read the Judiciary Committee report on contempt>>