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Bush Won't Supply Subpoenaed Documents

The president also had offered to make Miers, Taylor, political strategist Karl Rove and their aides available to be interviewed by the Judiciary committees in closed-door sessions, without transcripts and not under oath. Leahy and Conyers rejected that proposal.

The Senate Judiciary Committee's senior Republican, Arlen Specter of Pennsylvania, said the House and Senate panels should accept Bush's original offer.


*Vice President Dick Cheney and President Bush stand in the Rose Garden of the White House in Washington in this Nov. 9, 2006, file photo.  The Senate subpoenaed the White House and Vice President Dick Cheney's office, Wednesday, June 27, 2007, demanding documents and elevating the confrontation with President Bush over the administration's warrant-free eavesdropping on Americans.  (AP Photo/Ron Edmonds, files)
*Vice President Dick Cheney and President Bush stand in the Rose Garden of the White House in Washington in this Nov. 9, 2006, file photo. The Senate subpoenaed the White House and Vice President Dick Cheney's office, Wednesday, June 27, 2007, demanding documents and elevating the confrontation with President Bush over the administration's warrant-free eavesdropping on Americans. (AP Photo/Ron Edmonds, files) (Ron Edmonds - AP)

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Impatient with the "lagging" pace of the investigation into the U.S. attorney firings, Specter said he asked Fielding during a phone call Wednesday night whether the president would agree to transcripts on the interviews. Fielding's answer: No.

"I think we ought to take what information we can get now and try to wrap this up," Specter told reporters. That wouldn't preclude Congress from reissuing subpoenas if lawmakers do not get enough answers, Specter said.

Fielding explained Bush's position on executive privilege this way: "For the president to perform his constitutional duties, it is imperative that he receive candid and unfettered advice and that free and open discussions and deliberations occur among his advisers and between those advisers and others within and outside the Executive Branch."

This "bedrock presidential prerogative" exists, in part, to protect the president from being compelled to disclose such communications to Congress, Fielding argued.

In a slap at the committees, Fielding said, "There is no demonstration that the documents and information you seek by subpoena are critically important to any legislative initiatives that you may be pursuing or intending to pursue."

It was the second time in his administration that Bush has exerted executive privilege, said White House deputy press secretary Tony Fratto. The first instance was in December 2001, to rebuff Congress' demands for Clinton administration documents.

The most famous claim of executive privilege was in 1974, when President Nixon went to the Supreme Court to avoid surrendering White House tape recordings in the Watergate scandal. That was in a criminal investigation, not a demand from Congress. The court unanimously ordered Nixon to turn over the tapes.

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On the Net:

Senate Judiciary Committee: http://judiciary.senate.gov/

House Judiciary Committee: http://judiciary.house.gov/

White House: http://www.whitehouse.gov


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© 2007 The Associated Press