Bush Denies Congress Access to Aides

In this photo provided by CBS, Sen. Orrin Hatch, R-Utah, appears on CBS's "Face the Nation" in Washington, Sunday, July 8, 2007. (AP Photo/CBS Face the Nation, Karin Cooper) (Karin Cooper - AP)

Just before Congress left town, Bush invoked executive privilege on subpoenas lawmakers filed for any documents Taylor and Miers received or generated about the firings. On Monday, Bush again invoked privilege on the women's scheduled testimony for this week. Through their attorneys, Bush instructed the pair not to testify on the firings.

Lawmakers said they had plenty of questions to ask the women outside the privilege claim.

Both officials were included on e-mails about the firings released earlier this year by the Justice Department, and Miers at one point suggested the firings of all 93 federal prosecutors. Taylor also could have sent e-mails on a Republican National Committee account outside the White House, according to Senate Judiciary Committee Chairman Patrick Leahy, who insisted those communications were not covered by executive privilege.

The dispute squeezes Miers and Taylor between the president's instructions and the possibility of being held in contempt of Congress. Their lawyers did not respond to requests for comment, but Leahy said he expects Taylor to appear before his panel Wednesday, as scheduled. It was unclear if Miers would appear before Conyers' committee the next day.

Fielding invoked executive privilege in dismissing a Monday morning deadline set by Conyers and Leahy for the White House to explain and list which documents it was withholding from their committees.

"We are aware of no authority by which a congressional committee may `direct' the executive to undertake the task of creating and providing an extensive description of every document covered by an assertion of executive privilege," he wrote.

Bush's counsel, a veteran of executive privilege disputes, cloaked his tough rejoinder to the Democratic committee chairmen in gentlemanly language. But his message was unequivocal: The White House won't back down.

He argued that the committees' "open-ended" investigation into the firings had no constitutional basis, in large part because the president has the right to hire and fire his own political appointees.

Fielding cast the impasse as a natural constitutional tension between branches of government and complained that Leahy, D-Vt., and Conyers had accused the White House of acting in something other than good faith. He called for "a presumption of goodwill on all sides."

Democrats didn't bite.

"The president seems to think that executive privilege is a magic mantra that can hide anything, including wrongdoing," said New York Sen. Chuck Schumer, chairman of the Senate Democrats' 2008 election campaign operation.