By LARA JAKES JORDAN, Associated Press Writer
WASHINGTON - House Speaker Nancy Pelosi asked the Justice Department on Thursday to open a grand jury investigation into whether President Bush’s chief of staff and former counsel should be prosecuted for contempt of Congress.
Pelosi, D-Calif., demanded that the department pursue misdemeanor charges against former White House counsel Harriet Miers for refusing to testify to Congress about the firings of federal prosecutors in 2006 and against chief of staff Josh Bolten for failing to turn over White House documents related to the dismissals.
She gave Attorney General Michael Mukasey one week to respond and said refusal to take the matter to a grand jury will result in the House’s filing a civil lawsuit against the Bush administration.
The Democratic-controlled House voted two weeks ago to hold Bolten and Miers in contempt for failing to cooperate with committee investigations.
“There is no authority by which persons may wholly ignore a subpoena and fail to appear as directed because a president unilaterally instructs them to do so,” Pelosi wrote Mukasey. She noted that Congress subpoenaed Miers to appear before the House Judiciary Committee, which is investigating the firings.
“Surely, your department would not tolerate that type of action if the witness were subpoenaed to a federal grand jury,” Pelosi wrote.
She added: “Short of a formal assertion of executive privilege, which cannot be made in this case, there is no authority that permits a president to advise anyone to ignore a duly issued congressional subpoena for documents.”
Pelosi sent an additional letter to U.S. Attorney Jeff Taylor, the chief federal prosecutor for the District of Columbia, whose office would oversee the grand jury. The letters point to sections of federal law that require the Justice Department to bring the House contempt citations before a grand jury to investigate.
The chairman of the House Judiciary Committee, Rep. John Conyers, said he hoped Pelosi’s demand would spur the department to “put the partisan manipulation of our system of justice behind it” and take the issue to a grand jury. “To do otherwise would turn on its head the notion that we are all equally accountable under the law,” said Conyers, D-Mich.
The letter was the latest chapter in a yearlong saga that began with the firings of nine federal prosecutors and led to Alberto Gonzales’ resignation as attorney general last August.
The House voted 223-32 this month to hold Miers and Bolten in contempt for failing to cooperate with an inquiry into whether the prosecutors’ firings were politically motivated. Angry Republicans boycotted the vote and staged a walkout. More…
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