http://firstread.msnbc.msn.com/archi...09/262797.aspx
Former White House Aides My Still Be Required To Appear Before Congress
From NBC's Mike Viqueira
Democrats involved with the two Hill investigations into the firing of the federal prosecutors are insisting that former White House aides Sara Taylor and Harriet Miers show up as requested this week at hearings -- regardless of today's claim of executive privilege. Their arguments can be summarized like this:
- The subpoena requires two things: 1) to show up and 2) to testify. Invoking privilege does not excuse a subpoenaed witness from appearing. The House Judiciary is telling Miers to show up no matter what, and they are proceeding as if she will. She is due before House Judiciary Committee on Thursday. Taylor was summoned to appear Wednesday before the Senate committee.
- Privilege would be properly invoked when the witness was asked specific questions during testimony.
- The White House is motivated by a desire avoid a picture of Taylor and Miers before the committee, being sworn in and invoking privilege.
- The documents requested do not fit into a claim of executive privilege, which pertain to the president's decision-making process. "However, numerous witnesses before both House and Senate Committees have testified that the President did not decide which U.S. Attorneys should be fired," the Senate committee asserts.