West Wing Aides Cited for Contempt

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House Republicans Walk Out on Contempt Vote

Angry House Republicans walked out on a vote to hold two presidential confidants in contempt for failing to cooperate with an inquiry into whether federal prosecutors were ousted for political reasons.

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Attorney General Michael B. Mukasey has told Congress that current and former White House officials who have refused to testify in a congressional inquiry probably did so based on the Justice Department's ruling that Bush's assertion of executive privilege was proper. That means that the Justice Department cannot now criminally charge someone for defying Congress based on its own previous legal advice, he said.

Yesterday, an aide to Mukasey, who is traveling overseas, said the attorney general will review the situation but is likely to stand by that position.

House Democrats had looked ahead. They included in yesterday's resolution a second provision that allows the House general counsel to file a civil lawsuit in federal courts to compel Bolten's and Miers's testimony.

Democrats hope that this strategy will let them push the matter into federal courts, where they think they have a chance of at least establishing a legal precedent on executive privilege.

"I think we still have to establish what the law is," said Rep. Brad Miller (D-N.C.), who has helped lobby rural and moderate Democrats for five months to support the contempt motions.

Republicans said the House Judiciary Committee should accept the White House's offer of limited testimony to learn as much as they can before Bush leaves office next year. "I don't think throwing the president's chief of staff in jail is going to do the trick," said Rep. F. James Sensenbrenner Jr. (Wis.).

Many Republicans accused the Democrats of avoiding the more important business on an expiring surveillance law. "It's security for America versus partisan politics," said Rep. Eric Cantor (Va.).

Ultimately, most Republicans stormed off the floor and refused to vote on the contempt citations. Only three Republicans -- Reps. Walter B. Jones (N.C.), Wayne T. Gilchrest (Md.) and Ron Paul (Tex.) -- supported the contempt citations.