Harriet Miers and Sara Taylor, a Rove junior, were served yesterday in the U.S. attorney firings matter. While the White House is trying to fight, consider this:
One constitutional-law expert said yesterday that the White House is in a difficult legal position, with little ability to refuse the subpoenas. "They're in the unsustainable position of refusing to explain the increasing evidence of a coverup," said Charles Tiefer of the University of Baltimore Law School.They're getting closer to the big kahuna, and I don't mean Mr. 29%.
Tiefer, a former deputy House counsel, said the White House does not have standing to try to quash the subpoenas preemptively. That leaves White House counsel Fred F. Fielding with the choice of a negotiated settlement or a showdown in federal court.
If the White House refuses the subpoenas, Leahy and Conyers could move to hold the White House in contempt, then forward those citations to the full House and Senate for approval. The contempt citations would then be sent to the U.S. attorney for the District of Columbia, Jeffrey A. Taylor, who is required to empanel a grand jury to consider indictments. Taylor may have to recuse himself because of his involvement in events as a U.S. attorney.
The top Republican on the Senate panel, Arlen Specter (Pa.), said that he supports the decision by Leahy and Conyers to issue the subpoenas.