Suit Escalates Battle Between Branches
Escalating the years-long battle between the branches over the scope of executive power, the House Judiciary Committee filed suit today in federal court to force two White House officials to comply with subpoenas seeking documents and testimony on the firings of nine U.S. attorneys last year.

The lawsuit could prove to be a key test of the scope of executive privilege, and of Congress' ability to make sure its subpoenas and contempt citations carry weight. The legislative and executive branches have fought on a variety of fronts since President Bush took office, with the administration arguing that long-eroded executive powers must be strengthened and members of Congress -- mostly Democrats -- complaining that their ability to conduct oversight has been weakened.

The lawsuit was filed in the U.S. District Court for the District of Columbia by the House General Counsel on behalf of the Judiciary panel, which issued contempt citations last year against White House chief of staff Josh Bolten and former White House counsel Harriet Miers. The full House approved the citations last month.

Bolten and Miers have both refused to cooperate with the committee's investigation of the prosecutor firings and other allegations of politicization at the Justice Department. The Bush administration has cited executive privilege in its decision not to make Bolten and Miers available for sworn testimony, though it has offered to let the two speak to the committee as long as their statements are not under oath and not transcribed. House Democrats have refused to take that deal.

... (WaPo 3-10-08)