Contempt charges may await Miers

WASHINGTON — House Democrats began laying the groundwork for finding former White House counsel Harriet Miers in contempt of Congress on Thursday when, as expected, she failed to appear at a congressional hearing on the firing of nine U.S. attorneys.

In a party-line vote, a House Judiciary subcommittee dismissed claims of executive privilege that Miers invoked through her lawyer in refusing to appear. The 7-5 vote was the first step in a process that could lead to Miers being found in contempt.

"I can't fathom a private citizen getting a subpoena to come before this body and not showing up," said Rep. Steve Cohen, D-Tenn. "What we've got here is an empty chair. I mean, that is as contemptuous as anybody can be of the government, of the process, of the country."

Miers' absence came a day after former White House political-affairs director Sara Taylor, subpoenaed by the Senate Judiciary Committee, answered some questions about the case.

The White House ordered Miers and Taylor to decline to answer questions on grounds of executive privilege. White House counsel Fred Fielding advised Miers on Tuesday that she need not attend the hearing in person.

Democrats have taken up the cause of the fired prosecutors — all of whom were appointed by Bush, including John McKay of Seattle — because of concerns that they were replaced to make way for attorneys who would better serve Republican interests. U.S. attorneys, the Justice Department's top representatives in each state, are expected to enforce federal laws without regard to political loyalties.

Republicans in Congress have countered that Bush has the right to fire U.S. attorneys for any reason and that the investigation has turned up no hard evidence of criminal misconduct.

Miers' empty chair Thursday prompted sometimes-rancorous exchanges. Democrats accused the administration of stonewalling in a way that had not been seen since the Watergate era.

"Nixon ... famously argued that ... 'Everything the president does is legal,' " said Rep. Zoe Lofgren, D-Calif., who had been a Judiciary Committee staffer during the Nixon impeachment inquiry. "It appears that this administration is apparently adding, 'Everything the president, his advisers and his former advisers say or do is privileged.' That is not the state of law."

The panel's ranking Republican, Rep. Chris Cannon, of Utah, accused the majority of orchestrating "a gigantic spin game frittering away the precious time of this 110th Congress."

The White House has offered up Miers and a few other officials for interviews on the condition that they be in private, without an oath, transcript or opportunity for follow-up questions. Democrats have said the conditions are unacceptable.