Legal News

Rove Resists Subpoena from House Dems

By Dan Slater

The White House is calling it “political theater,” a mere “ground hog day replay of the same issues that are already the subject of litigation.” But the House Judiciary Committee, in issuing a subpoena yesterday for former Bush adviser Karl Rove to testify about his alleged role in the U.S. attorney firings and the prosecution of Alabama’s former democratic governor, Don Siegelman, disagrees.

“It is unfortunate that Mr. Rove has failed to cooperate with our requests,” said House Judiciary Chairman John Conyers, in a statement. “Although he does not seem the least bit hesitant to discuss these very issues weekly on cable television and in the print news media, Mr. Rove and his attorney have apparently concluded that a public hearing room would not be appropriate.” Here are stories on the Rove subpoena from the WaPo, the NYT and the AP.

But the Rove camp refuses to roll over. Rove’s lawyer, Robert D. Luskin, accused House Democrats of “provoking a gratuitous confrontation” and of refusing reasonable offers in which Rove would have provided written answers to questions. “The decision about when, where and what a former assistant to the President may testify about raise issues of Executive Privilege and separation of powers that Mr. Rove does not control,” Luskin reportedly wrote in a letter dated May 21 that was released yesterday.

The Committee also seeks info on what role, if any, Rove played in the prosecution of former Alabama governor Don Siegelman. Siegelman, a Democrat, was convicted on fraud charges but was released from prison in March pending the results of his appeal. In recent weeks, Siegelman has intensified his accusations that the Bush administration targeted him for political reasons. And separately, Conyers disclosed yesterday that the DOJ’s Office of Professional Responsibility has opened an investigation of possible selective prosecution of Siegelman and at least three others, at the request of the House Judiciary panel.

AG Michael Mukasey has rejected allegations of political motivation by department lawyers.

For more on Siegelman’s appeal (and the brief he filed in the 11th Circuit), as well as the DOJ’s investigation, click here for commentary from the White Collar Crime Prof Blog’s Ellen Podgor.

Full post as published by Law Blog - WSJ.com on May 23, 2008 (boomark / email).