Rove may be forced to testify as Obama's lawyers get involved

02/14/2009 @ 10:22 am

Filed by John Byrne



Bush proxies now negotiating with new administration

  http://rawstory.com/news/2008/Bushs_lawyer_now_encouraging_Rove_to_0214.html

White House counsel Gregory Craig issued a statement late Friday 
encouraging former Deputy White House Chief of Staff Karl Rove to cut 
a deal with Congress, an indication the new administration has begun 
to put pressure on President George W. Bush's former chief adviser.

"The president is very sympathetic to those who want to find out what 
happened," Obama's White House counsel Gregory Craig 
<http://www.washingtonpost.com/wp-dyn/content/article/2009/02/13/AR2009021303093.html>said
 
in a statement yesterday to The Washington Post's Carrie Johnson. 
"But he is also mindful as president of the United States not to do 
anything that would undermine or weaken the institution of the 
presidency. So, for that reason, he is urging both sides of this to 
settle."

Moreover, the Obama White House is now trying to work out an 
agreement with former Bush administration staff -- seemingly going 
over the head of the man some once dubbed "Bush's brain."

Craig's statement does, however, seem to suggest that Bush's former 
adviser will be granted some leeway as to the form of his deposition 
to Congress in lieu of President George W. Bush's claim that Rove is 
protected by executive privilege.

President Bush's former White House counsel Fred Fielding told Rove 
last month not to testify to Congress in a letter issued to Rove's 
attorney, Robert Luskin.

In the letter, Fielding told Rove that President George W. Bush would 
not allow Rove to testify about the firing of nine US Attorneys, a 
matter which has raised the hackles of Democrats, who contend the 
firings were political.

"Please advise Mr. Rove (i) that the President continues to direct 
him not to provide information (whether in the form of testimony or 
documents) to the Congress in this matter... and not to appear before 
Congress in this matter," then-White House Counsel Fielding wrote, 
citing "absolute" presidential immunity.

Rove himself recently told a California crowd that he would not honor 
a congressional subpoena.

The winds appear to be changing. Obama lawyers and Bush 
representatives are now "engaged in discussions that could clear a 
path for congressional testimony by onetime Bush aide Karl Rove, 
three sources familiar with the talks" told Johnson for Saturday's 
Post.

The negotiations surfaced on the same day House Judiciary Chairman 
John Conyers (D-MI) issued his third subpoena compelling to Rove to 
testify in less than two years. Seeing that Conyers is not backing 
down, Rove's attorney has hinted at a more conciliatory position, and 
Bush advisers seem to have all but conceded that they must allow Rove 
to testify in some form.

"Democrats say President Obama's view of the matter may open the door 
for Rove's eventual appearance on Capitol Hill," Johnson said.

After Bush blocked Rove and former Bush counsel Harriet Miers from 
testifying last year, Conyers sued the administration over its 
executive privilege claim.

Bush's Justice Department played defense, but lost the case in court. 
They subsequently appealed the decision and kept Rove from testifying 
during the interim. The case is now in the hands of Obama's Justice 
Department, which must file a briefing indicating their position by 
Feb. 18.

Rove's attorney Robert Luskin has offered his client's testimony 
regarding the alleged political prosecution of former Alabama Gov. 
Don Siegelman. Siegelman's case is the focus of the second half of 
Conyers' subpoena.

But Conyers said he would not accept testimony about Siegelman 
without testimony about the US Attorneys.

"I do not believe it is acceptable for the Committee to allow 
witnesses to unilaterally determine what they can and cannot testify 
concerning," he wrote yesterday.

In an email exchange with Raw Story last week, Luskin hinted that 
Rove's cooperation with Congressional investigators was all but 
inevitable.

"We're continuing to engage in constructive discussions with the 
committee to that end, and I'd hesitate to speculate about what form 
Rove's cooperation might ultimately take," he said.

<http://rawstory.com/news/2008/Bushs_lawyer_now_encouraging_Rove_to_0214.html>http://rawstory.com/news/2008/Bushs_lawyer_now_encouraging_Rove_to_0214.html
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