For
Immediate Release
June 13, 2007
Tracy Schmaler (w/ Leahy) 202-224-2154
Melanie Roussell (w/ Conyers) 202-225-5543
Judiciary
Chairmen Leahy, Conyers Issues Subpoenas For White House Officials, Documents
…Senate,
House Judiciary Panels Compel Former White House Officials To Provide
Testimony, Information
In
Connection With Investigations Of
WASHINGTON (Wednesday, June 13) – Senate Judiciary Committee
Chairman Patrick Leahy, D-Vt., and House Judiciary Committee Chairman John
Conyers, D-Mich., today issued subpoenas to two former White House officials
compelling them to provide testimony and related information as part of ongoing
congressional investigations into the mass firings of well-performing federal
prosecutors and the politicization of hiring and firing within the Department
of Justice.
The Senate Judiciary Committee issued three subpoenas, two
seeking the documents and testimony of Sara M. Taylor, former Deputy Assistant
to the President and Director of Political Affairs, and another seeking White
House documents relevant to the panel’s ongoing investigation.
The House Judiciary Committee issued two subpoenas, one
seeking the documents and testimony of Harriet Miers, former White House
Counsel, and another seeking White House documents relevant to the panel’s
ongoing investigation.
“By refusing to cooperate with congressional committees, the
White House continues its pattern of confrontation over cooperation, and those
who suffer most in this case are the public and the hard-working people at the
Department of Justice,” said Chairman Leahy. “The White House cannot
have it both ways -- it cannot stonewall congressional investigations by
refusing to provide documents and witnesses, while claiming nothing improper
occurred. The involvement of the White House’s political operation in
this project, including former Political Director Sara Taylor and her boss Karl
Rove, has been confirmed by information gathered by congressional committees.
Some at the White House may hope to thwart our constitutional oversight efforts
by locking the doors and closing the curtains, but we will keep asking until we
get to the truth.”
“Let me be clear: this subpoena is
not a request, it is a demand on behalf of the American people for the White
House to make available the documents and individuals we are
requesting to help us answer the questions that remain," said
Chairman Conyers. "The breadcrumbs in this investigation have always led
to 1600
Included below and attached are relevant documents,
including:
* * * * *
June 13, 2007
Ms. Sara M. Taylor
Former Deputy Assistant to the President and Director of
Political Affairs
c/o W. Neil Eggelston
Debevoise & Plimtpon LLP
Dear Ms. Taylor:
I received no response from you to my April 11 letter
seeking your voluntary cooperation with the Senate Judiciary Committee’s
ongoing investigation of the firings and replacements of a number of United
States Attorneys. Similar letters to the White House Counsel from the
Committee have also failed to elicit cooperation.
It is now clear from the evidence gathered by the
investigating Committees of the Senate and House that, at the time you were
White House Director of Political Affairs, you and other White House officials
played a significant role in originating, developing, coordinating and
implementing the plan and the Justice Department’s response to congressional
inquiries about it.
In particular, according to documents and testimony we have
heard so far, you were involved in the discussions and planning that led to the
removal of Bud Cummins and bypassing the Senate confirmation process to install
Tim Griffin, another former aide to Mr. Karl Rove, as U.S. Attorney in the
Eastern District of Arkansas. You were also were part of a group that
discussed using the Attorney General’s expanded authority under the Patriot Act
reauthorization to avoid the opposition of the Arkansas Senators by appointing
Mr. Griffin as interim indefinitely. In addition, documents and testimony
show that you played a role in approving the plan for firing multiple U.S.
Attorneys on December 7, 2006, and were involved in subsequent discussions
regarding congressional testimony of Department officials and the
Administration’s response to the growing scandal surrounding the firings.
Yet, to date the White House has not produced a single
document or allowed you or any other White House official involved to be
interviewed, apart from an unacceptable “take it or leave” offer to do so
off-the-record without a transcript or opportunity to follow-up. As a
result, I am issuing the enclosed subpoenas compelling your production of
documents in your possession, custody, or control related to the Committee’s
investigation by June 28, 2007 and your appearance to testify under oath before
the Committee on July 11, 2007.
I look forward to your compliance with the June 28 return
date for the Judiciary Committee’s subpoena for documents and to your
appearance before the Committee on July 11 so we can take a step towards
learning the truth about these firings and the erosion of independence at the
Justice Department.
Sincerely,
PATRICK LEAHY
Chairman
* * * * * * *
Taylor Testimony Subpoena
Congress
of the
To Sara M. Taylor, Former Deputy Assistant to the
President and Director of Political Affairs, Greeting:
Pursuant
to lawful authority, YOU ARE HEREBY COMMANDED to appear before
the Committee on the Judiciary of the Senate of the United States, on July 11,
2007, at 10:00 o’clock a.m., at their committee room 226 Dirksen Senate Office
Building, then and there to testify what you know relative to the Committee’s inquiry
into the preservation of prosecutorial independence and the Department of
Justice’s politicization of the hiring and firing of United States Attorneys.
Hereof
fail not, as you will answer your default under the pains and penalties in such
cases made and provided.
To
any Committee staff member or U.S. Senate Sergeant at Arms to serve and return.
Given
under my hand, by authority vested
in
me by the Committee, on this day
of
,
20____.
Senator
Patrick Leahy
Chairman,
Committee on the Judiciary
* * * * *
Taylor Document Subpoena
Congress
of the
To Sara M. Taylor, Former Deputy Assistant to the
President and Director of Political Affairs, Greeting:
Pursuant
to lawful authority, YOU ARE HEREBY COMMANDED to appear before the
Committee on the Judiciary of the Senate of the United States, on June 28,
2007, at 10:00 o’clock a.m., at their committee room 226 Dirksen Senate Office
Building, then and there to testify what you know relative to the Committee’s
inquiry into the preservation of prosecutorial independence and the Department
of Justice’s politicization of the hiring and firing of United States
Attorneys, and to bring with you the documents described in Attachment A under
the terms and conditions stated therein. A personal appearance at the
above-referenced date and time will not be necessary if the documents described
in Attachment A are delivered to the Committee’s offices prior to the scheduled
return.
Hereof
fail not, as you will answer your default under the pains and penalties in such
cases made and provided.
To
any Committee staff member or U.S. Senate Sergeant at Arms to serve and return.
Given
under my hand, by authority vested
in
me by the Committee, on this day
of
,
20____.
Senator
Patrick Leahy
Chairman,
Committee on the Judiciary
* * * * *
Taylor Subpoena Attachment
Attachment
A
Documents Subpoenaed
1.
Complete and unredacted versions, including complete paper and electronic
versions, of any and all documents in your possession, custody or control
related to the Committee’s investigation into the preservation of prosecutorial
independence and the Department of Justice’s politicization of the hiring and
firing of United States Attorneys, including possible misrepresentations to
Congress and other violations of federal law. The documents produced
shall include, but not be limited to:
A.
Any and all documents related to the: 1) evaluation of or decision to
dismiss former U.S. Attorneys David Iglesias, H.E. “Bud” Cummins, John McKay,
Carol Lam, Daniel Bogden, Paul Charlton, Kevin Ryan, Margaret Chiara, Todd
Graves, or any other U.S. Attorney(s) dismissed since President Bush’s
re-election (hereinafter “dismissed U.S. Attorneys”); 2) evaluation of any U.S.
Attorney(s) considered for dismissal since President Bush’s re-election
(hereinafter “U.S. Attorneys considered for dismissal”); 3) the implementation
of the dismissal and replacement of the dismissed U.S. Attorneys; and 4) the
selection, discussion and evaluation of any possible replacement or
interim or acting appointment to fill any vacancy with respect to dismissed
U.S. Attorneys and U.S. Attorneys considered for dismissal.
B.
Any and all documents related to the testimony of any official at the
Department of Justice to the United States Congress regarding any of the
matters set forth in paragraph A, above.
Instructions
1.
In complying with this subpoena, you are required to produce all responsive
documents that are in your possession, custody, or control, whether held by you
or your past or present agent, employee, or representative acting on your
behalf. You are also required to produce documents that you have a legal
right to obtain, that you have a right to copy, or to which you have access, as
well as documents that you have placed in the temporary possession, custody, or
control or any third party.
2.
No documents as defined herein called for by this request shall be destroyed,
modified, removed, transferred, or otherwise made inaccessible to the
Committee. If you have knowledge that any subpoenaed document as defined
herein has been destroyed, discarded, or lost, identify the subpoenaed document
and provide an explanation of the destruction, discarding, loss or disposal and
the date at which then document was destroyed, discarded or lost.
3.
This subpoena is continuing in nature. Any document not produced because
it has not been located or discovered by the return date shall be provided
immediately upon location or discovery subsequent thereto with an explanation
of why it was not located or discovered by the return date.
4.
If you believe any responsive documents are protected by a privilege, please
provide a privilege log which (1) identifies any and all responsive documents
to which the privilege is asserted, (2) sets forth the date, type,
addressee(s), author(s) (and, if different, the preparer and signatory),
general subject matter, and indicated or known circulation of the document, and
(3) states the privilege asserted in sufficient detail to ascertain the
validity of the claim of privilege.
5.
Production with respect to each document shall include all electronic versions
and data files from email applications as well as from word processing,
spreadsheet, or other electronic data repositories applicable to any
attachments, and shall be provided to the Committee where possible in its
native file format and shall include all original metadata for each electronic
documents or data file. Productions shall be provided on CD, DVD, or USB
external hard drive.
6.
Any draft, preliminary version, modification, revision, or amendment of a
document, and any version that otherwise differs in any respect, such as having
marginalia, markings, other notations or attachments, or otherwise, shall be
considered a separate document and shall also be furnished as responsive.
7.
Documents shall be produced as they are kept in the usual course of your
business, including with any file labels, dividers, or other identifying
markers with which they were associated when this subpoena was served.
Also identify to which paragraph from the subpoena such documents are
responsive.
8.
All documents shall be bates‑stamped sequentially and produced
sequentially, with an indication as to which paragraph of the schedule it is
responsive.
Definitions
1.
The term “document” as used in this subpoena includes all emails, memoranda,
reports, agreements, notes, correspondence, files, records, and other
documents, data, information or memorialization in any form, whether physical
or electronic, maintained on any digital repository or electronic media, and
should be construed as it is used in the Federal Rules of Civil
Procedure.
2.
The terms “related” and “relating” with respect to any given subject, shall be
construed broadly to mean anything that constitutes, contains, embodies,
reflects, identifies, concerns, states, refers to, deals with or is in any
manner whatsoever pertinent to the subject.
3.
The terms “including” and “includes,” with respect to any given subject, shall
be construed broadly so that specification of any particular matter shall not
be construed to exclude any documents that you have reason to believe the
Committee might regard as responsive.
4.
The terms “Department of Justice” and “Department” includes without limitation,
anyone presently or formerly employed there, suspended from employment there,
or on administrative leave from employment there.
5.
The term “White House” includes, without limitation, anyone presently or
formerly employed there, suspended from employment there, or on administrative
leave from employment there.
* * * * *
Letter to Fred Fielding on White House Documents
June 13, 2007
Fred Fielding, Esq.
Counsel to the President
The White House
Dear Mr. Fielding:
I have sent you a half dozen letters in the past three
months seeking voluntary cooperation from the White House with the Judiciary
Committee’s investigation into the mass firings and replacements of U.S. Attorneys
and politicization at the Department of Justice. It is now clear from the
evidence gathered by the investigating Committees of the Senate and House that
White House officials played a significant role in originating, developing,
coordinating and implementing the plan and the Justice Department’s response to
Congressional inquiries about it. Yet, to date the White House has not
produced a single document or allowed even one White House official involved in
these matters to be interviews.
In the two and half months since Democratic and Republican
members of the Committee rejected your “take it or leave it” offer of
off-the-record, backroom interviews as unacceptable, you have not made any
effort to work with us on a voluntary business. In response to our
efforts to narrow our dispute by gaining access to documents you agreed to
produce as part of your offer for off-the-record interviews or to information
that forms the basis of the President’s conclusion that no wrongdoing has
occurred, you have merely restated your initial, unacceptable offer.
The White House cannot have it both ways -- it cannot
withhold documents and witnesses and thereby stonewall the investigation and,
at the same time, claim that the facts about the White House’s improper
influence over federal law enforcement have not been revealed in detail.
The White House’s continued stonewalling leads to the obvious conclusion that
the White House is hiding the truth because there is something to hide.
Because the White House has continued its refusal to provide the requested
information to the Senate Judiciary Committee on a voluntary basis, I am
issuing subpoenas.
Enclosed please find a subpoena for all documents in the
possession, custody or control of the White House related to the Committee’s
investigation into the preservation of prosecutorial independence and the
Department of Justice’s politicization of the hiring and firing of United
States Attorneys. The documents compelled by the subpoena include
documents related to the Administration’s evaluation of and decision to
dismiss former U.S. Attorneys David Iglesias, H.E. “Bud” Cummins, John McKay,
Carol Lam, Daniel Bogden, Paul Charlton, Kevin Ryan, Margaret Chiara, Todd
Graves, or any other U.S. Attorney dismissed or considered for dismissal since
President Bush’s re-election, the implementation of the dismissal and
replacement of the dismissed U.S. Attorneys, and the selection, discussion and
evaluation of possible replacements. Among these documents are documents
related to the involvement of Karl Rove, Harriet E. Miers, William Kelley, J.
Scott Jennings, Sara M. Taylor, or any other current or former White House
employees or officials in the firings and replacements as well as documents
related to the testimony of Justice Department officials to Congress regarding
this matter.
The subpoenaed documents include those related to
communications between the White House and the Department or any third
parties. These are documents that you previously agreed to produce in conjunction
with the unacceptable off-the-record interviews in your March 20, 2007, letter
to me, Chairman Conyers, Ranking Member Specter, Ranking Member Smith, and
Congresswoman Sanchez of March 20, 2007. The subpoena also includes
documents related to the “reviews by White House staff” that led the President
to publicly conclude as of March 20, 2007, that there was no wrongdoing in the
mass firings and replacements of U.S. Attorneys, including any information that
has led the President to discount evidence gathered by the investigating
Committees.
I am disappointed that I have to turn to this subpoena in
order to obtain information needed by the Committee to learn the truth about
these firings and the erosion of independence at the Justice Department.
However, the evidence that White House officials were deeply involved leaves me
know choice in light of your lack of voluntary cooperation. I look
forward to your compliance with the Judiciary Committee’s subpoena by the June
28 return date.
Sincerely,
PATRICK LEAHY
Chairman
* * * * * *
* * * *
* *
White
House Document Subpoena
Congress
of the
To Joshua Bolten, White House Chief of Staff, or
appropriate custodian of records, Greeting:
Pursuant
to lawful authority, YOU ARE HEREBY COMMANDED to appear before the
Committee on the Judiciary of the Senate of the United States, on June 28,
2007, at 10:00 o’clock a.m., at their committee room 226 Dirksen Senate Office
Building, then and there to testify what you know relative to the Committee’s
inquiry into the preservation of prosecutorial independence and the Department
of Justice’s politicization of the hiring and firing of United States
Attorneys, and to bring with you the documents described in Attachment A under
the terms and conditions stated therein. A personal appearance at the
above-referenced date and time will not be necessary if the documents described
in Attachment A are delivered to the Committee’s offices prior to the scheduled
return.
Hereof
fail not, as you will answer your default under the pains and penalties in such
cases made and provided.
To
any Committee staff member or U.S. Senate Sergeant at Arms to serve and return.
Given
under my hand, by authority vested
in
me by the Committee, on this day
of
,
20____.
Senator
Patrick Leahy
Chairman,
Committee on the Judiciary
* * * * *
White House Document Subpoena Attachment
Attachment
A
Documents Subpoenaed
1.
Complete and unredacted versions, including complete paper and electronic
versions, of any and all documents in the possession, custody or control of the
White House related to the Committee’s investigation into the preservation of
prosecutorial independence and the Department of Justice’s politicization of
the hiring and firing of United States Attorneys, including possible
misrepresentations to Congress and other violations of federal law. The
documents produced shall include:
A.
Any and all documents the White House Counsel agreed in the March 20, 2007,
letter of Fred F. Fielding, Counsel to the President, to Chairman Leahy,
Chairman Conyers, Ranking Member Specter, Ranking Member Smith, and
Congresswoman Sanchez to produce in conjunction with off-the-record
interviews, including documents consisting of or relating to all communications
between any official or employee of the White House and any official or
employee of the Department of Justice or any third party “concerning the
request for resignations of the U.S Attorneys in question.”
B.
Any and all documents related to the: 1) evaluation of or decision to
dismiss former U.S. Attorneys David Iglesias, H.E. “Bud” Cummins, John McKay,
Carol Lam, Daniel Bogden, Paul Charlton, Kevin Ryan, Margaret Chiara, Todd
Graves, or any other U.S. Attorney(s) dismissed since President Bush’s
re-election (hereinafter “dismissed U.S. Attorneys”); 2) evaluation of any U.S.
Attorney(s) considered for dismissal since President Bush’s re-election
(hereinafter “U.S. Attorneys considered for dismissal”); 3) the implementation
of the dismissal and replacement of the dismissed U.S. Attorneys; and 4) the
selection, discussion and evaluation of any possible replacement or interim
or acting appointment to fill any vacancy with respect to dismissed U.S.
Attorneys and U.S. Attorneys considered for dismissal.
C.
Any and all documents related to the involvement of Karl Rove, Harriet E.
Miers, William Kelley, J. Scott Jennings, Sara M. Taylor, or any other current
or former White House employee or official, in matters set forth in paragraph
B, above.
D.
Any and all documents related to the testimony of any official at the
Department of Justice to the United States Congress regarding any of the
matters set forth in paragraph B, above.
E.
Any and all documents related to the “reviews by White House staff” that led
the President to conclude as of March 20, 2007, and to reiterate as recently as
June 11, 2007, that there was no wrongdoing in the mass firings and
replacements of U.S. Attorneys since President Bush’s re-election, including
any information that has led the President to discount evidence obtained by the
investigating Committees in documents and hearing
testimony.
Instructions
1.
In complying with this subpoena, you are required to produce all responsive
documents that are in your possession, custody, or control, whether held by you
or your past or present agent, employee, or representative acting on your
behalf. You are also required to produce documents that you have a legal
right to obtain, that you have a right to copy, or to which you have access, as
well as documents that you have placed in the temporary possession, custody, or
control or any third party.
2.
No documents as defined herein called for by this request shall be destroyed,
modified, removed, transferred, or otherwise made inaccessible to the
Committee. If you have knowledge that any subpoenaed document as defined
herein has been destroyed, discarded, or lost, identify the subpoenaed document
and provide an explanation of the destruction, discarding, loss or disposal and
the date at which then document was destroyed, discarded or lost.
3.
This subpoena is continuing in nature. Any document not produced because
it has not been located or discovered by the return date shall be provided
immediately upon location or discovery subsequent thereto with an explanation
of why it was not located or discovered by the return date.
4.
If you believe any responsive documents are protected by a privilege, please
provide a privilege log which (1) identifies any and all responsive documents
to which the privilege is asserted, (2) sets forth the date, type,
addressee(s), author(s) (and, if different, the preparer and signatory),
general subject matter, and indicated or known circulation of the document, and
(3) states the privilege asserted in sufficient detail to ascertain the
validity of the claim of privilege.
5.
Production with respect to each document shall include all electronic versions
and data files from email applications as well as from word processing,
spreadsheet, or other electronic data repositories applicable to any attachments,
and shall be provided to the Committee where possible in its native file format
and shall include all original metadata for each electronic documents or data
file. Productions shall be provided on CD, DVD, or USB external hard
drive.
6.
Any draft, preliminary version, modification, revision, or amendment of a
document, and any version that otherwise differs in any respect, such as having
marginalia, markings, other notations or attachments, or otherwise, shall be
considered a separate document and shall also be furnished as responsive.
7.
Documents shall be produced as they are kept in the usual course of your
business, including with any file labels, dividers, or other identifying
markers with which they were associated when this subpoena was served.
Also identify to which paragraph from the subpoena such documents are
responsive.
8.
All documents shall be bates‑stamped sequentially and produced
sequentially, with an indication as to which paragraph of the schedule it is
responsive.
Definitions
1.
The term “document” as used in this subpoena includes all emails, memoranda,
reports, agreements, notes, correspondence, files, records, and other
documents, data, information or memorialization in any form, whether physical
or electronic, maintained on any digital repository or electronic media, and
should be construed as it is used in the Federal Rules of Civil
Procedure.
2.
The terms “related” and “relating” with respect to any given subject, shall be
construed broadly to mean anything that constitutes, contains, embodies,
reflects, identifies, concerns, states, refers to, deals with or is in any
manner whatsoever pertinent to the subject.
3.
The terms “including” and “includes,” with respect to any given subject, shall
be construed broadly so that specification of any particular matter shall not
be construed to exclude any documents that you have reason to believe the
Committee might regard as responsive.
4.
The terms “Department of Justice” and “Department” includes without limitation,
anyone presently or formerly employed there, suspended from employment there,
or on administrative leave from employment there.
5.
The term “White House” includes, without limitation, anyone presently or
formerly employed there, suspended from employment there, or on administrative
leave from employment there.
6.
The terms “you” and “your” include you individually, in your capacity as Chief
of Staff [or White House Counsel] or custodian of records, as well as the White
House, and, without limitation, anyone presently or formerly employed there,
suspended from employment there, or on administrative leave from employment
there.
* * * * *
House and
Senate Investigations Revealed Significant White House Involvement In US
Attorney Firings
# # # # #