House Democrats take step toward holding former aide in contempt

A witness chair sits empty on Capitol Hill in Washington on Thursday during a House Judiciary Committee hearing on the firing of eight U. S. attorneys. The House panel began clearing the way Thursday for contempt proceedings against former White House counsel Harriet Miers after she obeyed President Bush and skipped a hearing on the firings.

? House Democrats on Thursday took the first step toward holding former White House counsel Harriet Miers in contempt of Congress after she defied a subpoena – at President Bush’s order – and skipped a hearing on the firing of U.S. attorneys.

Over the strenuous objections of Republicans, a subcommittee cleared the way for contempt proceedings by voting 7-5 to reject Bush’s claim of executive privilege. He says his top advisers, whether current or former, cannot be summoned by Congress.

“Those claims are not legally valid,” Rep. Linda Sanchez, D-Calif., said of Bush’s declaration. “Ms. Miers is required pursuant to the subpoena to be here now.”

Republicans complained that Democrats were choosing showy, televised proceedings and the threat of court action to force the testimony rather than agree to Bush’s offer for private, off-the-record interviews.

In the absence of an agreement with the administration, House leaders and committee members were likely to pursue contempt proceedings against Miers but were still talking about when, according to some Democratic officials.

“We would not be discharging our responsibility today if we were to simply drop this,” Rep. Zoe Lofgren, D-Calif., said during the hearing.

The White House showed no sign of giving in.

“If the House Judiciary Committee wants to avoid confrontation, it should withdraw its subpoenas,” said White House spokesman Tony Fratto. “The committee is rejecting accommodation because they prefer just the kind of political spectacle they’re engaged in now.”

Miers chose to skip the House hearing Thursday, citing White House Counsel Fred Fielding’s letter to her attorney conveying Bush’s order not to show up. In letters sent the night before to Judiciary Committee Chairman John Conyers and Sanchez, Bush and Fielding cited several legal opinions that they said indicated that the president’s advisers had absolute immunity from congressional subpoenas.

Incensed, Democrats held the hearing anyway. Addressing an empty chair at the witness table with a nameplate reading “Ms. Miers,” Sanchez and Conyers left little doubt that contempt proceedings by the full Judiciary Committee – and later the full House – would be the next step unless Miers and the administration change their positions.

“What we’ve got here is an empty chair. I mean, that is as contemptuous as anybody can be of the government,” said Rep. Steve Cohen, D-Tenn. “I resent the fact that this lady is not here.”