Miers Won’t Even Show Up to “Not Recall” Who Fired Those Attorneys

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


President Bush has instructed former White House counsel Harriet Miers to defy a congressional subpoena [PDF] requiring her to testify at tomorrow’s hearing on the controversial firings of eight United States attorneys. A letter from Miers’ lawyer to House Judiciary Committee chair John Conyers (D-Mich.) confirmed that the onetime Supreme Court nominee will definitely be a no-show.

Bush’s instructions could prove troublesome for both Miers and the White House. Miers, as a private citizen, could easily find herself slapped with contempt charges (and thrown in jail for up to a year) for defying the subpoena. The president could face even greater problems: One Talking Points Memo reader has dug up a law that seems to say that the president’s order to defy the subpoena was itself illegal.

The bigger problem for Miers, as Conyers explains in a letter posted to Nancy Pelosi’s blog, is that the subpoena represents a legal obligation to at least appear in front of Congress, while the president’s instruction carries no such legal weight. Miers would have some more wiggle room if she followed the example of former White House political director Sara Taylor. Taylor, whom Wonkette called the love child of Monica Lewinsky and Linda Tripp, showed up to testify yesterday but refused to answer many of the committee’s questions. There’s a very convoluted scenario under which this latest debate over executive privilege could wind up before the Supremes, whose ranks Miers once hoped to join. It’s fun to ponder: Would Sam Alito have to recuse himself?

—Nick Baumann

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily bluster—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily bluster—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate