Rove ignores subpoena, refuses to testify on Hill
WASHINGTON (AP) — Former White House adviser Karl Rove defied a congressional subpoena and refused to testify Thursday about allegations of political pressure at the Justice Department, including whether he influenced the prosecution of a former Democratic governor of Alabama.
Rep. Linda Sanchez, chairman of a House subcommittee, ruled with backing from fellow Democrats on the panel that Rove was breaking the law by refusing to cooperate — perhaps the first step toward holding him in contempt of Congress.
The White House has cited executive privilege as a reason he and others who serve or served in the administration should not testify, arguing that internal administration communications are confidential and that Congress cannot compel officials to testify. Rove says he is bound to follow the White House's guidance, although he has offered to answer questions specifically on the Siegelman case — but only with no transcript taken and not under oath.
Lawmakers subpoenaed Rove in May in an effort to force him to talk about whether he played a role in prosecutors' decisions to pursue cases against Democrats, such as former Alabama Gov. Don Siegelman, or in firing federal prosecutors considered disloyal to the Bush administration.
Rove had been scheduled to appear at the House Judiciary subcommittee hearing Thursday morning. A placard with his name sat in front of an empty chair at the witness table, with a handful of protesters behind it calling for Rove to be arrested.
A decision on whether to pursue contempt charges now goes to the full Judiciary Committee and ultimately to House Speaker Nancy Pelosi.
House Republicans called Thursday's proceedings a political stunt and said if Democrats truly wanted information they would take Rove up on an offer he made to discuss the matter informally.
The House already has voted to hold two of President Bush's confidants in contempt for failing to cooperate with its inquiry into whether the administration fired nine federal prosecutors in 2006 for political reasons.
The case, involving White House chief of staff Josh Bolten and former White House counsel Harriet Miers, is in federal court and may not be resolved before Bush's term ends in January.
Democrats have rejected the offer from Rove to talk with them informally because the testimony would not be sworn and, they say, could create a confusing record.
Rove has insisted publicly that he never tried to influence Justice Department decisions and was not even aware of the Siegelman prosecution until it landed in the news.
Siegelman — an unusually successful Democrat in a heavily Republican state — was charged with accepting and concealing a contribution to his campaign to start a state education lottery, in exchange for appointing a hospital executive to a regulatory board.
He was sentenced last year to more than seven years in prison but was released in March when a federal appeals court ruled Siegelman had raised "substantial questions of fact and law" in his appeal.
Siegelman and others have alleged the prosecution was pushed by GOP operatives — including Rove, a longtime Texas strategist who was heavily involved in Alabama politics before working at the White House. A former Republican campaign volunteer from Alabama told congressional attorneys last year that she overheard conversations suggesting that Rove pressed Justice officials in Washington to prosecute Siegelman.
The career prosecutors who handled Siegelman's case have insisted that Rove had nothing to do with it, emphasizing that the former governor was convicted by a jury.
Karl Rove
Karl Rove, who served as Deputy Chief of Staff to United States President George W. Bush before resigning last year, failed to appear in front of the House Judiciary Committee today, refusing to testify about allegations of misusing his political power.

The congressional panel is trying to determine if Rove had a connection with the prosecution of Don Siegelman, former Democratic governor of Alabama. The committee is also investigating allegations that the former White House adviser dismissed nine federal prosecutors seen as political opponents. Rove has denied ever influencing the decisions of the Department of Justice.

In May, the panel subpoenaed Rove in an attempt to force him to offer testimony. He was scheduled to appear at a committee hearing today, but his lawyer Robert D. Luskin made it clear that he would not attend. Luskin argued that his client was "immune" to the subpoena because of executive privilege, which gives executive officials the right to resist a search from the other two branches of government.

In a letter written to the committee on Wednesday, Luskin said that Rove is "constitutionally immune from compelled congressional testimony", adding that "threatening Mr. Rove with sanctions will not in any way expedite the resolution of the issue." He said Rove would be willing to talk about the Siegelman case as part of an "informal interview", without a transcript and without taking an oath.

Members of the Judiciary Committee argued that executive privilege is not a valid reason to ignore a subpoena. California Rep. Linda Sanchez, who chairs the Subcommittee on Commercial and Administrative Law, said at the hearing, "We are unaware of any proper legal basis for Mr. Rove's refusal to even appear today as required by the subpoena." She cited United States v. Nixon and Clinton v. Jones as legal precedents. 

Sanchez, along with the Judiciary Committee chairman, Michigan Rep. John Conyers, said that Rove's refusal to testify could result in prosecution for being in contempt of Congress. "A refusal to appear in violation of the subpoena could subject Mr. Rove to contempt proceedings, including statutory contempt under federal law and proceedings under the inherent contempt authority of the House of Representatives," Conyers and Sanchez wrote.

If the Judiciary Committee votes to pursue these contempt charges against Rove, they would go to the floor of the House, where Speaker Nancy Pelosi would decide whether to proceed with a final vote. The House has already held two of Bush's advisers in contempt for defying a subpoena: White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers. Their case is currently in federal court.

Republicans have accused Democrats of using these cases as political weapons against George W. Bush. Rep. Chris Cannon, a Republican from Utah, said that "if the majority was serious about getting to the bottom of this issue", they would have accepted Rove's offers to discuss the issue on his terms, informally and without a transcript. "The fact that it hasn't is proof that their efforts amount to a partisan stunt," said Cannon.