You have forgotten about it but back in June the House Judiciary committee, led by Rep. John Conyers, issued subpoenas for the testimony of Harriet Miers and White House chief-of-staff Josh Bolten. They refused to appear, using a frivolous executive privilege claim. The HJC then voted to cite them for contempt. But that citation must be ratified by the full House for it to become legally meaningful. And the House leadership chose not to bring the citation up for a vote. That may soon change.
House Democratic leaders have begun privately surveying their members to determine their support for a criminal contempt resolution against White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers for shunning congressional subpoenas in the U.S. attorney investigation.
House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) said the contempt motion could be brought to the House floor “as early as next week,” but Democratic leadership aides cautioned that Speaker Nancy Pelosi (D-Calif.) has not yet made any final decision on a vote. And one House aide close to the situaton said a vote was “more likely” in two weeks.
If a criminal contempt resolution were approved against Miers and Bolten, it would represent a dramatic escalation in the battle between the White House and Congress over the extent of executive privilege and the president’s right to shield senior aides from Congress.
Several Democratic lawmakers, speaking on the condition of anonymity, said they had been “whipped” on the contempt issue in the last several days, and all said they would back the measure if it came to the floor.
Rep. Brad Miller (D-N.C.) was asked by the leadership to conduct the “informal” whip count, said one Democratic insider. But the congressman could not be reached for comment.
Democratic leadership aides said Pelosi would be able to round up the 218 votes needed to push through the resolution from Democrats alone, and assumed that no Republicans would cross the aisle and buck the White House.
I confess that I am skeptical that the Dems will be able to pass this citation with no Republican support. But they certainly should be able to pass it. As Conyers explains:
“We have to do something,” insisted Conyers, pointing out that his House panel had issued a valid subpoena that should be enforced. Otherwise, he said, the Congress would be severely hampered in its ability to conduct effective oversight over the executive branch.
Conyers said the contempt battle was not aimed at seeking criminal sanctions against Bolten and Miers personally, but would nonetheless surely spark a long legal fight over the reach of executive privilege.
“Remember — no handcuffs,” Conyers said in an interview Thursday, noting that contempt of Congress is a misdemeanor.
No handcuffs? The Frog is disappointed.