[House Report 110-423]
[From the U.S. Government Publishing Office]




 
   110th Congress 1st 
         Session        HOUSE OF REPRESENTATIVES        Report
                                                       110-423
_______________________________________________________________________

                                                 House Calendar No. 145

RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND HARRIET 
 MIERS AND JOSHUA BOLTEN, CHIEF OF STAFF, WHITE HOUSE, IN CONTEMPT OF 
   CONGRESS FOR REFUSAL TO COMPLY WITH SUBPOENAS DULY ISSUED BY THE 
                       COMMITTEE ON THE JUDICIARY

                               ----------                              

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                             together with

                  ADDITIONAL VIEWS AND MINORITY VIEWS




     November 5, 2007.--Referred to the House Calendar and ordered 
                             to be printed
RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND HARRIET 
 MIERS AND JOSHUA BOLTEN, CHIEF OF STAFF, WHITE HOUSE, IN CONTEMPT OF 
   CONGRESS FOR REFUSAL TO COMPLY WITH SUBPOENAS DULY ISSUED BY THE 
                       COMMITTEE ON THE JUDICIARY
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110th Congress 
 1st Session            HOUSE OF REPRESENTATIVES                 Report
                                                                110-423
_______________________________________________________________________

                                     

                                                 House Calendar No. 145

RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND HARRIET 
 MIERS AND JOSHUA BOLTEN, CHIEF OF STAFF, WHITE HOUSE, IN CONTEMPT OF 
   CONGRESS FOR REFUSAL TO COMPLY WITH SUBPOENAS DULY ISSUED BY THE 
                       COMMITTEE ON THE JUDICIARY

                               __________

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY

                        HOUSE OF REPRESENTATIVES

                             together with

                  ADDITIONAL VIEWS AND MINORITY VIEWS




     November 5, 2007.--Referred to the House Calendar and ordered 
                             to be printed
                                                 House Calendar No. 145
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-423

======================================================================


RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND HARRIET 
 MIERS AND JOSHUA BOLTEN, CHIEF OF STAFF, WHITE HOUSE, IN CONTEMPT OF 
   CONGRESS FOR REFUSAL TO COMPLY WITH SUBPOENAS DULY ISSUED BY THE 
                       COMMITTEE ON THE JUDICIARY

                                _______
                                

  November 5, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Conyers, from the Committee on Judiciary, submitted the following

                              R E P O R T

                             together with

                  ADDITIONAL VIEWS AND MINORITY VIEWS

                  [Including Committee Cost Estimate]

    The Committee on the Judiciary, having considered this 
Report, reports favorably thereon and recommends that the 
Report be approved.
    The form of Resolution that the Committee on the Judiciary 
would recommend to the House of Representatives for citing 
former White House Counsel Harriet Miers and White House Chief 
of Staff Joshua Bolten for contempt of Congress pursuant to 
this Report is as follows:
    Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, 
the Speaker of the House of Representatives shall certify the 
report of the Committee on the Judiciary, detailing the refusal 
of former White House Counsel Harriet Miers to appear before 
the Subcommittee on Commercial and Administrative Law of the 
Committee on the Judiciary as directed by subpoena, to the 
United States Attorney for the District of Columbia, to the end 
that Ms. Miers be proceeded against in the manner and form 
provided by law; and be it further
    Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, 
the Speaker of the House of Representatives shall certify the 
report of the Committee on the Judiciary, detailing the refusal 
of former White House Counsel Harriet Miers to testify before 
the Subcommittee on Commercial and Administrative Law of the 
Committee on the Judiciary as directed by subpoena, to the 
United States Attorney for the District of Columbia, to the end 
that Ms. Miers be proceeded against in the manner and form 
provided by law; and be it further
    Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, 
the Speaker of the House of Representatives shall certify the 
report of the Committee on the Judiciary, detailing the refusal 
of former White House Counsel Harriet Miers to produce 
documents to the Subcommittee on Commercial and Administrative 
Law of the Committee on the Judiciary as directed by subpoena, 
to the United States Attorney for the District of Columbia, to 
the end that Ms. Miers be proceeded against in the manner and 
form provided by law; and be it further
    Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, 
the Speaker of the House of Representatives shall certify the 
report of the Committee on the Judiciary, detailing the refusal 
of White House Chief of Staff Joshua Bolten to produce 
documents to the Committee on the Judiciary as directed by 
subpoena, to the United States Attorney for the District of 
Columbia, to the end that Mr. Bolten be proceeded against in 
the manner and form provided by law.

                       Background and Explanation

BACKGROUND OF COMMITTEE INVESTIGATION AND REQUESTS FOR INFORMATION FROM 
                   THE WHITE HOUSE AND HARRIET MIERS

A. House Judiciary Committee Hearings
    Beginning in March 2007, the House Judiciary Committee and 
its Subcommittee on Commercial and Administrative Law have held 
a number of hearings on the U.S. Attorney terminations and 
related issues. These have included:
    U.S. Attorneys & William Moschella. On March 6, 2007, six 
of the terminated U.S. Attorneys \1\ and William E. Moschella, 
Principal Associate Deputy Attorney General, U.S. Department of 
Justice, among others, testified before the Subcommittee.\2\ At 
this hearing (and in private briefings on February 28 and March 
5 to Subcommittee members and staff that preceded it), Mr. 
Moschella testified, inter alia, as to the Justice Department's 
then-claimed reasons for firing these U.S. Attorneys. The 
terminated U.S. Attorneys testified, inter alia, that they had 
not been given reasons for their firing and, among other 
matters, responded to some of the Department's asserted reasons 
for their firing, and discussed political and other factors 
that may have been related to their firing.
---------------------------------------------------------------------------
    \1\ H.R. 580, Restoring Checks and Balances in the Confirmation 
Process of U.S. Attorneys: Hearing Before the Subcomm. on Commercial 
and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. (2007) 
(prepared statement of Carol C. Lam et al.). The six former U.S. 
Attorneys who testified were Ms. Lam, Mr. Iglesias, Mr. Cummins, Mr. 
McKay, Mr. Bogden and Mr. Charlton.
    \2\ The other witnesses included the following: Representative 
Darrell Issa (R-CA); former Representative Asa Hutchinson (R-AR); John 
A. Smietanka, a former United States Attorney for the Western District 
of Michigan; George Terwilliger, former Deputy Attorney General of the 
U.S. Department of Justice; T.J. Halstead, Legislative Attorney, 
American Law Division, Congressional Research Service; and Atlee W. 
Wampler, III, President of the National Association of Former United 
States Attorneys.
---------------------------------------------------------------------------
    Ensuring Executive Branch Accountability. On March 29, 
2007, the Subcommittee heard testimony about the validity of 
White House assertions concerning executive privilege in the 
U.S. Attorney controversy.\3\ Beth Nolan, former White House 
Counsel under President Clinton, indicated that she testified 
four times before congressional Committees on matters directly 
related to her White House duties, including three times while 
she was serving in that position.\4\
---------------------------------------------------------------------------
    \3\ Ensuring Executive Branch Accountability: Hearing Before the 
Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 
110th Cong. (2007). The witnesses at the hearing included John Podesta, 
former White House Chief of Staff to President Bill Clinton; Beth 
Nolan, former White House Counsel to President Bill Clinton; Frederick 
A.O. Schwarz, Jr., Senior Counsel, Brennan Center for Justice; and Noel 
J. Francisco, former Associate Counsel to President George W. Bush.
    \4\ Id. (testimony of Beth Nolan, former White House Counsel to 
President Bill Clinton).
---------------------------------------------------------------------------
    James Comey. On May 3, 2007, former Deputy Attorney General 
James Comey testified before the Subcommittee.\5\
---------------------------------------------------------------------------
    \5\ The Continuing Investigation into the U.S. Attorneys 
Controversy: Hearing Before the Subcomm. on Commercial and Admin. Law 
of the H. Comm. on the Judiciary, 110th Cong. (2007) (testimony of 
James Comey, former Deputy Attorney General).
---------------------------------------------------------------------------
    Alberto Gonzales. On May 10, 2007, Attorney General 
Gonzales appeared before the full Judiciary Committee for an 
oversight hearing that focused on the U.S. Attorneys 
controversy.\6\
---------------------------------------------------------------------------
    \6\ Oversight Hearing on the United States Department of Justice: 
Before the H. Comm. on the Judiciary, 110th Cong. (2007) (testimony of 
Attorney General Alberto Gonzales).
---------------------------------------------------------------------------
    Monica Goodling. After a grant of limited use immunity, 
Monica Goodling, former Senior Counsel to Attorney General 
Alberto Gonzales and the Department's White House Liaison, 
appeared before the full Committee on May 23, 2007.\7\
---------------------------------------------------------------------------
    \7\ The Continuing Investigation into the U.S. Attorneys 
Controversy and Related Matters: Hearing Before the H. Comm. on the 
Judiciary, 110th Cong. (2007) (testimony of Monica Goodling, former 
Senior Counsel to Attorney General Alberto Gonzales and White House 
Liaison, U.S. Department of Justice).
---------------------------------------------------------------------------
    Paul McNulty. On June 21, 2007, Deputy Attorney General 
Paul McNulty testified before the Subcommittee.\8\
---------------------------------------------------------------------------
    \8\ The Continuing Investigation into the U.S. Attorneys 
Controversy and Related Matters: Hearing Before the Subcomm. on 
Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. 
(2007) (testimony of Paul McNulty, Deputy Attorney General).
---------------------------------------------------------------------------
    Harriet Miers. Former White House Counsel Harriet Miers 
refused to comply with a subpoena requiring her appearance 
before the Subcommittee on July 12, 2007.\9\ Ms. Miers not only 
failed to provide testimony or documents, but she also failed 
even to appear for the hearing. Subcommittee Chair Sanchez 
proceeded to overrule Ms. Miers' claims of immunity and 
privilege and her ruling was sustained by Subcommittee members 
in a recorded vote of 7-5.\10\
---------------------------------------------------------------------------
    \9\ The Continuing Investigation into the U.S. Attorneys 
Controversy and Related Matters: Hearing Before the Subcomm. on 
Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. 
(2007).
    \10\ Id.
---------------------------------------------------------------------------
B. Justice Department Documents and Staff Interviews
    On March 8, 2007, Chairman Conyers and Subcomittee Chair 
Sanchez wrote to the Attorney General requesting documents and 
interviews with Department of Justice personnel concerning the 
U.S. Attorney matter.\11\ Pursuant to that request, the 
Committee has received and reviewed thousands of pages of 
Justice Department documents. Many documents were initially 
produced only in redacted form, with Committee staff being 
granted a limited right to review the unredacted documents on 
Department premises. Additional Committee efforts to obtain 
additional documents voluntarily, including letters of March 
22, March 28, and April 2, 2007, were not successful.\12\ On 
April 10, 2007, the Committee issued a subpoena to the 
Department for full production of all relevant documents in 
unredacted form. Negotiations to secure full compliance with 
the subpoena are continuing. A large number of additional 
documents have been produced as a result, and Committee staff 
expect a limited number of additional documents to be produced 
by the Department.
---------------------------------------------------------------------------
    \11\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Linda Sanchez, Chair, Subcomm. on Commercial and Admin. 
Law, to Alberto Gonzales, Att'y Gen. of the United States (Mar. 8, 
2007) (on file with the H. Comm. on the Judiciary).
    \12\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Linda Sanchez, Chair, Subcomm. on Commercial and Admin. 
Law, to Alberto Gonzales, Att'y Gen. of the United States (Mar. 22, 
2007) (on file with the H. Comm. on the Judiciary); Letter from John 
Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sanchez, 
Chair, Subcomm. on Commercial and Admin. Law, to Alberto Gonzales, 
Att'y Gen. of the United States (Mar. 28, 2007) (on file with the H. 
Comm. on the Judiciary); and Letter from John Conyers, Jr., Chairman, 
H. Comm. on the Judiciary, to Richard Hertling, Acting Assistant Att'y 
Gen., Office of Legislative Affairs, U.S. Department of Justice (Apr. 
2, 2007) (on file with the H. Comm. on the Judiciary).
---------------------------------------------------------------------------
    In addition to the initial Committee requests, Chairman 
Conyers, Subcommittee Chair Sanchez, Representative Zoe 
Lofgren, and Representative Keith Ellison have sent further 
requests for information pertinent to the U.S. Attorney 
controversies in Missouri \13\ and Minnesota \14\. On July 17, 
2007, Chairman Conyers, Subcommittee Chair Sanchez, 
Representative Artur Davis, and Representative Tammy Baldwin 
requested documents and information about several prominent 
prosecutions and convictions of Democratic officials or 
operatives in various parts of the country, in light of 
extensive allegations of selective, politically influenced 
prosecutions.\15\ In addition, Majority and Minority staff from 
both the House and Senate Judiciary Committees have so far 
jointly conducted on-the-record interviews of twelve current 
and former Department of Justice officials.\16\
---------------------------------------------------------------------------
    \13\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, Linda Sanchez, Chair, Subcommittee on Commercial and Admin. 
Law, and Zoe Lofgren, Chair, Subcomm. on Immigration, Citizenship, 
Refugees, Border Security, and International Law, to Alberto Gonzales, 
Att'y Gen. of the United States (May 15, 2007) (on file with the H. 
Comm. on the Judiciary).
    \14\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Keith Ellison, Member, H. Comm. on the Judiciary, to 
Alberto Gonzales, Att'y Gen. of the United States (May 8, 2007) (on 
file with the H. Comm. on the Judiciary).
    \15\ Letter from John Conyers, Jr., Chair, H. Comm. on the 
Judiciary, Linda Sanchez, Chair, Subcomm. on Commercial and Admin. Law, 
Artur Davis, Member, Comm. on the Judiciary, and Tammy Baldwin, Member, 
Comm. on the Judiciary, to Alberto Gonzales, Att'y Gen. of the United 
States (July 17, 2007) (on file with the H. Comm. on the Judiciary).
    \16\ The Committee is also seeking to obtain documents from the 
Republican National Committee in this matter, consisting of e-mails on 
RNC servers sent by White House officials using RNC e-mail accounts, 
pursuant to a request on April 12, 2007, and a subpoena issued on July 
13, 2007. See Memorandum from Subcommittee Chair Sanchez to Members of 
Subcomm. on Commercial and Admin. Law Re. Meeting to Consider the 
Issuing of a Subpoena to the Republican National Committee (July 11, 
2007) (on file with the H. Comm. on the Judiciary).
---------------------------------------------------------------------------
C. Requests for Information from the White House and Subpoenas Issued 
        to Joshua Bolten and Harriet Miers
    On March 21, 2007, the Subcommittee on Commercial and 
Administrative Law authorized Chairman Conyers to issue 
subpoenas to J. Scott Jennings, Special Assistant to the 
President, Office of Political Affairs; William Kelley, Deputy 
White House Counsel; Harriet Miers, former White House Counsel; 
Karl Rove, Deputy Chief of Staff and Senior Advisor to the 
President; Joshua Bolten, White House Chief of Staff; and Fred 
Fielding, White House Counsel, to obtain testimony and 
documents.\17\ Both before and after March 21, letters were 
exchanged between the Committee and the White House to seek to 
resolve voluntarily the Committee's requests for information 
from the White House, but those efforts were not successful. 
Committee letters (some of which were sent by Chairman Conyers 
and Senate Judiciary Committee Chairman Leahy) included letters 
of March 9, March 22, March 28, and May 21, 2007.\18\
---------------------------------------------------------------------------
    \17\ Meeting to Consider Subpoena Authorization Concerning the 
Recent Termination of United States Attorneys and Related Subjects 
Before the Subcomm. on Commercial and Admin. Law of the H. Comm. on the 
Judiciary, 110th Cong. (2007). In addition, the Subcommittee authorized 
Chairman Conyers to issue a subpoena for D. Kyle Sampson, former Chief 
of Staff to the Attorney General. Mr. Sampson has thus far voluntarily 
cooperated with the Committee's investigation.
    \18\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Linda Sanchez, Chair, Subcomm. on Commercial and Admin. 
Law, to Fred Fielding, Counsel to the President (Mar. 9, 2007); Letter 
from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda 
Sanchez, Chair, Subcomm. on Commercial and Admin. Law, to Fred 
Fielding, Counsel to the President (Mar. 22, 2007); Letter from John 
Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Patrick Leahy, 
Chairman, S. Comm. on the Judiciary, to Fred Fielding, Counsel to the 
President (Mar. 28, 2007); and Letter from John Conyers, Jr., Chairman, 
H. Comm. on the Judiciary, and Linda Sanchez, Chair, Subcomm. on 
Commercial and Admin. Law, to Fred Fielding, Counsel to the President 
(May 21, 2007). All of these letters are on file with the House 
Committee on the Judiciary.
---------------------------------------------------------------------------
    On June 13, 2007, Chairman Conyers and Senate Judiciary 
Committee Chairman Patrick Leahy issued subpoenas to Joshua 
Bolten, White House Chief of Staff, or appropriate custodian, 
for relevant White House documents. The subpoenas were 
returnable on June 28, 2007. On June 13, the Chairmen also 
issued subpoenas to two former White House staffers: White 
House Counsel Harriet Miers was subpoenaed by Chairman Conyers 
for testimony and to produce documents before the Subcommittee 
on July 12, 2007, and White House Political Director Sara 
Taylor was subpoenaed by Chairman Leahy for testimony and to 
produce documents before the Senate Judiciary Committee on July 
11, 2007.
    On June 28, 2007, White House Counsel Fred Fielding wrote 
that the White House would refuse to produce any documents 
pursuant to the subpoena issued to Mr. Bolten based on 
executive privilege.\19\ Chairman Conyers and Chairman Leahy 
requested that the White House provide a privilege log to set 
forth the factual and legal basis for any claims of privilege 
as to each document being withheld, as well as a signed 
statement by the President asserting any privilege by July 9, 
2007.\20\ In a letter dated July 9, 2007, Mr. Fielding 
declined.\21\
---------------------------------------------------------------------------
    \19\ Letter from Fred Fielding, Counsel to the President, to John 
Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Patrick Leahy, 
Chairman, S. Comm. on the Judiciary (June 28, 2007) (on file with the 
H. Comm. on the Judiciary).
    \20\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Patrick Leahy, Chairman, S. Comm. on the Judiciary, to 
Fred Fielding, Counsel to the President (June 29, 2007) (on file with 
the H. Comm. on the Judiciary).
    \21\ Letter from Fred Fielding, Counsel to the President, to John 
Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Patrick Leahy, 
Chairman, S. Comm. on the Judiciary (July 9, 2007) (on file with the H. 
Comm. on the Judiciary).
---------------------------------------------------------------------------
    On July 9, Ms. Miers' counsel wrote to Chairman Conyers and 
Ranking Minority Member Smith stating that pursuant to letters 
received from Mr. Fielding, Ms. Miers intended not to produce 
any documents in her possession and not to provide testimony, 
as Mr. Fielding stated, concerning ``White House consideration, 
deliberations, or communications, whether internal or external, 
relating to the possible dismissal or appointment of United 
States Attorneys.'' \22\ Chairman Conyers and Subcommittee 
Chair Sanchez wrote letters to counsel for Harriet Miers 
reiterating their understanding that Ms. Miers was required to 
appear before the Subcommittee as provided in the subpoena. On 
July 10, Ms. Miers' counsel wrote that pursuant to another 
letter from Mr. Fielding, Ms. Miers would not appear at the 
hearing at all, based on a claim of absolute immunity raised by 
Mr. Fielding.\23\ In fact, she failed to appear, 
notwithstanding a July 11 letter from Chairman Conyers and 
Subcommittee Chair Sanchez urging that she appear, explaining 
that specific assertions of privilege would be considered at 
the hearing, and warning of the possibility of contempt,\24\ 
and despite the fact that Sara Taylor had appeared before the 
Senate Judiciary Committee in compliance with her subpoena the 
day before.
---------------------------------------------------------------------------
    \22\ Letter from Fred Fielding, Counsel to the President, to George 
Manning, Attorney for Harriet Miers (July 9, 2007), quoted in and 
enclosed with Letter from George Manning to John Conyers, Jr., 
Chairman, H. Comm. on the Judiciary, and Lamar Smith, Ranking Member, 
H. Comm. on the Judiciary (July 9, 2007) (on file with the H. Comm. on 
the Judiciary). Mr. Manning's July 9 letter also enclosed a June 28 
letter from Mr. Fielding indicating that documents in Ms. Miers' 
possession should not be produced.
    \23\ Letter from George Manning, Attorney for Harriet Miers, to 
John Conyers, Jr., Chairman, H. Comm. on the Judiciary and Linda 
Sanchez, Chair, Subcomm. on Commercial and Admin. Law (July 10, 2007) 
(on file with the H. Comm. on the Judiciary).
    \24\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Linda Sanchez, Chair, Subcomm. on Commercial and Admin. 
Law (July 11, 2007) (on file with the H. Comm. on the Judiciary).
---------------------------------------------------------------------------
    On July 12, the Subcommittee met as scheduled. At that 
meeting, when Ms. Miers failed to appear, Subcommittee Chair 
Sanchez issued a ruling that rejected Ms. Miers' privilege and 
immunity claims, and the Subcommittee, by a vote of 7 to 5, 
sustained that ruling.\25\ The ruling specifically covered Ms. 
Miers' refusal to appear at all (as now reflected in the first 
count of the Resolution), her refusal to testify (as now 
reflected in the second count of the Resolution), and her 
refusal to produce documents (as now reflected in the third 
count of the Resolution), as required by the subpoena issued to 
her. Chairman Conyers and Subcommittee Chair Sanchez sent Ms. 
Miers' counsel a letter enclosing a copy of the ruling, and 
again urging compliance and warning of the possibility of 
contempt.\26\ On July 17, 2007, Ms. Miers' counsel reiterated 
his client's refusal to comply.\27\
---------------------------------------------------------------------------
    \25\ The Continuing Investigation Into the U.S. Attorneys 
Controversy and Related Matters: Hearing Before the Subcomm. on 
Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. 
(2007).
    \26\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, to George Manning, Attorney for Harriet Miers, (July 13, 
2007) (on file with the H. Comm. on the Judiciary).
    \27\ Letter from George Manning, Attorney for Harriet Miers, to 
John Conyers, Jr., Chairman, H. Comm. on the Judiciary (July 17, 2007) 
(on file with the H. Comm. on the Judiciary).
---------------------------------------------------------------------------
    On July 17, 2007, Chairman Conyers and Subcommittee Chair 
Sanchez wrote to Mr. Fielding, notified him that the 
Subcommittee would formally consider the White House's 
privilege claims with regard to White House documents at a July 
19, 2007 meeting, and again urged compliance with the June 13 
subpoena.\28\ Notwithstanding that letter, Mr. Bolten still did 
not comply with his subpoena. The Subcommittee met on July 19, 
Subcommittee Chair Sanchez ruled against the privilege claims 
with respect to Mr. Bolten's refusal to produce any documents 
pursuant to the subpoena issued to him (as now reflected in the 
fourth count of the Resolution), and that ruling was upheld by 
a 7-3 vote.\29\ Chairman Conyers wrote to Mr. Fielding on July 
19 enclosing a copy of the ruling, urging compliance, warning 
again of the possibility of contempt, and stating that the 
Committee would assume that Mr. Bolten would not comply unless 
Mr. Fielding notified him otherwise by the morning of Monday, 
July 23, 2007.\30\ On July 23, Mr. Fielding wrote Chairman 
Conyers and stated that the White House position remained 
unchanged.\31\
---------------------------------------------------------------------------
    \28\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, and Linda Sanchez, Chair, Subcomm. on Commercial and Admin. 
Law, to Fred Fielding, White House Counsel (July 17, 2007) (on file 
with the H. Comm. on the Judiciary).
    \29\ The Continuing Investigation Into the U.S. Attorneys 
Controversy and Related Matters: Hearing Before the Subcomm. on 
Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. 
(2007).
    \30\ Letter from John Conyers, Jr., Chairman, H. Comm. on the 
Judiciary, to Fred Fielding, Counsel to the President (July 19, 2007) 
(on file with the H. Comm. on the Judiciary).
    \31\ Letter from Fred Fielding, Counsel to the President, to John 
Conyers, Jr., Chairman, H. Comm. on the Judiciary (July 23, 2007) (on 
file with the H. Comm. on the Judiciary).
---------------------------------------------------------------------------

                 II. AUTHORITY AND LEGISLATIVE PURPOSE

    The Committee on the Judiciary is a standing Committee of 
the House of Representatives, duly established pursuant to the 
Rules of the House of Representatives, which are adopted 
pursuant to the Rulemaking Clause of the Constitution.\32\ 
House Rule X grants to the Committee legislative and oversight 
jurisdiction over, inter alia, ``judicial proceedings, civil 
and criminal,'' and ``criminal law enforcement''; the 
``application, administration, execution, and effectiveness of 
laws and programs addressing subjects within its 
jurisdiction''; the ``operation of Federal agencies and 
entities having responsibilities for the administration and 
execution of laws and programs addressing subjects within its 
jurisdiction''; and ``any conditions or circumstances that may 
indicate the necessity or desirability of enacting new or 
additional legislation addressing subjects within its 
jurisdiction.'' \33\
---------------------------------------------------------------------------
    \32\ U.S. Const., art. I, Sec. 5, cl. 2.
    \33\ House Rule X(1)(k)(1) and (7); House Rule X(2)(b)(1)(A)-(C).
---------------------------------------------------------------------------
    House Rule XI specifically authorizes the Committee and its 
subcommittees to ``require, by subpoena or otherwise, the 
attendance and testimony of such witnesses and the production 
of such books, records, correspondence, memoranda, papers, and 
documents as it considers necessary.'' \34\ The Rule also 
provides that the ``power to authorize and issue subpoenas'' 
may be delegated to the Committee chairman.\35\ The subpoenas 
discussed in this report were issued pursuant to this 
authority.
---------------------------------------------------------------------------
    \34\ House Rule XI(2)(m)(1)(B).
    \35\ House Rule XI(2)(m)(3)(A)(I).
---------------------------------------------------------------------------
    The investigation into the U.S. Attorney matter and related 
concerns is being undertaken pursuant to the authority 
delegated to the Committee under rule X as described above.
    The legislative purposes of this investigation fall into 
two categories: (1) investigating and exposing any possible 
malfeasance, abuse of authority, or violation of existing law 
on the part of the Executive Branch related to these concerns, 
and (2) considering whether the conduct uncovered may warrant 
additions or modifications to existing Federal law, such as 
more clearly prohibiting the kinds of improper political 
interference with prosecutorial decisions as have been alleged 
here.

                                Hearings

    In its investigation into U.S. Attorney terminations and 
related matters, the Committee's Subcommittee on Commercial and 
Administrative Law held 5 days of hearings, on March 6, March 
29, May 3, June 21, and July 12, 2007. In addition, the full 
Committee held 2 days of hearings, on May 10 and May 23, 2007. 
More discussion of these hearings is contained in the 
background section of this Report.

                        Committee Consideration

    On July 25, 2007, the Committee met in open session and 
ordered this Report favorably reported, without amendment, by a 
vote of 22 to 17, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following recorded votes took place:
    1. An amendment by Mr. Cannon to insert information into 
the Report concerning the names of present and former 
Department of Justice officials interviewed, with excerpts from 
the interviews. Defeated by a vote of 23 to 14.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................                              X
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................                              X
Ms. Waters......................................................                              X
Mr. Delahunt....................................................                              X
Mr. Wexler......................................................                              X
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................                              X
Ms. Sutton......................................................                              X
Mr. Gutierrez...................................................                              X
Mr. Sherman.....................................................                              X
Ms. Baldwin.....................................................                              X
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Mr. Davis.......................................................                              X
Ms. Wasserman Schultz...........................................                              X
Mr. Ellison.....................................................                              X
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................
Mr. Chabot......................................................              X
Mr. Lungren.....................................................              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................             14              23
----------------------------------------------------------------------------------------------------------------

    2. An amendment by Mr. Forbes to insert a description of 
the Committee's legislative and oversight jurisdiction under 
House Rule 10. Defeated by a vote of 22 to 16.

                                                   ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................                              X
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................                              X
Ms. Waters......................................................                              X
Mr. Delahunt....................................................                              X
Mr. Wexler......................................................
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................                              X
Ms. Sutton......................................................                              X
Mr. Gutierrez...................................................                              X
Mr. Sherman.....................................................                              X
Ms. Baldwin.....................................................                              X
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Mr. Davis.......................................................                              X
Ms. Wasserman Schultz...........................................                              X
Mr. Ellison.....................................................                              X
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................              X
Mr. Lungren.....................................................              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Mr. Pence.......................................................
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................             16              22
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this Report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this Report does not 
provide new budgetary authority or increased tax expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee believes that 
the cost incurred in carrying out the Report will be 
negligible.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Report will assist the Committee and the House of 
Representatives in vindicating Congress's responsibility to 
conduct appropriate oversight of the Executive Branch and 
vindicating the rule of law.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this Report in article 1, section 1 of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this Report does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
               Additional Views of Chairman Conyers and 
                       Subcommittee Chair Sanchez



                             Minority Views



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