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Associated PressWASHINGTON - President Bush's refusal to let two confidants provide information to Congress about fired federal prosecutors represents the most expansive view of executive privilege since Watergate, the House Judiciary Committee told a federal judge Thursday.
Lawyers for the Democratic-led panel argued in court documents that Bush's chief of staff, Josh Bolten, and former White House counsel Harriet Miers are not protected from subpoenas last year that sought information about the dismissals.
The legal filing came in lawsuit that pits the legislative branch against the executive in a fight over a president's powers.
The committee is seeking the testimony as it tries to make a case that the White House directed the firing of nine U.S. attorneys because they were not supportive enough of Republicans' political agenda.
The White House says such information is private and covered by executive privilege, the doctrine intended to protect the confidentiality of presidential communications.
House lawyers told U.S. District Judge John D. Bates that subpoenaed White House officials cannot simply skip hearings as Miers did during the committee's investigation. Further, they said, any documents or testimony believed to be covered by the privilege must be itemized for Congress' assessment.
Executive privilege is not a right spelled out in the Constitution, so the legal issues are murky and disputes are normally resolved politically. The suit is risky for both sides. Courts have not been kind to the presidency in fights over subpoenas; Congress could have its power to demand information curtailed permanently.
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He also did not provide a privilege log, arguing that revealing the information sought would compromise the president's access to candid advice.
The result, the committee wrote, is White House defiance of congressional oversight unseen since the presidential intransigence that led to Richard Nixon's resignation.
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