By Terry Kivlan, CongressDailyPM
© National Journal Group Inc.
Thursday, March 22, 2007

The U.S. Attorney Flap Previous coverage from CongressDaily: • A Constitutional Game Of Chicken (3/21/07) • Miers & Rove Can Be Interviewed But Not Testify (3/20/07)

House Judiciary Chairman John Conyers, D-Mich., Wednesday won the power to subpoena top White House aides to testify about the firings of eight U.S. attorneys but said he would not serve the papers while negotiations with Bush administration officials continued on the issue. The decision to delay serving the subpoenas put off a constitutional showdown between the executive and legislative branches that would probably end up in court.

But the ceasefire might not last long; shortly after Conyers spoke, White House Press Secretary Tony Snow said the offer to allow private interviews but not sworn testimony was not negotiable.

"Are we going to change our conditions? No," Snow said Wednesday afternoon. "They've got a deal before them that enables them to find out what the truth is."

Before the vote, Conyers told Republicans on the Judiciary Commercial and Administrative Law Subcommittee, "Trust me.... We are not going to move in a reckless, angry or temperamental way at all." But the voice vote to approve the authority was audibly divided along party lines.

"It's premature," said Rep. Tom Feeney, R-Fla., during the debate. He argued that subpoenas should not be considered unless the committee turned up evidence of wrongdoing on the part of the administration. The vote came one day after the White House offered to allow private interviews with presidential political adviser Karl Rove, former White House Counsel Harriet Miers and two other officials, but said they would not testify under oath.

Panel Republicans argued the committee should accept the plan, which was outlined in a letter [PDF] Tuesday from White House Counsel Fred Fielding. Rep. Chris Cannon, R-Utah, called the White House proposal a "reasonable offer to get to the heart of the matter." Despite holding off on subpoenas for now, Conyers said he would continue to insist on public testimony under oath. Noting that Fielding also ruled out transcripts, Conyers said the interviews would merely be conversations that "you could have in a pub."

Rep. William Delahunt, D-Mass., said clearing the way for subpoenas put the committee in a position of strength as it negotiated with the White House on access to Rove and others. Democrats contend the prosecutors were fired for political purposes, a view that Feeney seemed to have trouble taking seriously.

"I am shocked, just like in 'Casablanca,' that politics might have been involved," Feeney said. Cannon told reporters that Democrats might end up agreeing to Fielding's offer because issuing subpoenas would be a time-consuming process, especially if President Bush followed through on his vow to invoke executive privilege and challenges the subpoenas in court. Democrats "should take what they can get for now" and consider serving subpoenas later in their investigation, he said.

-- Keith Koffler contributed to this report.