Source:
NewsweekLet's Make a Deal
White House pushes for an agreement to require Rove, Miers to testify on prosecutor firings.
By Michael Isikoff | Newsweek Web Exclusive
Mar 4, 2009
President Obama's White House lawyers played a critical behind-the-scenes role in brokering an agreement that requires George W. Bush's former aides Karl Rove and Harriet Miers to testify before Congress about the mass firings of U.S. attorneys, according to congressional and White House sources.
Obama's aides were anxious to put a stop to an ongoing court battle over executive privilege that could have backfired on them, said the sources, who asked not to be identified talking about sensitive matters.
The active involvement of Obama White House counsel Gregory Craig and his associates in pushing for a settlement shows how stark positions taken during the campaign often look different when a new president has taken office. As a candidate last year, Obama sharply criticized the Bush administration for making sweeping claims of executive privilege to shield testimony about the U.S. attorney firings. "This blanket notion that you can't subpoena White House aides where there's evidence of genuine wrongdoing I think is completely misguided," he said last year.
But if the dispute over executive privilege hadn't been settled by Wednesday night, Obama's lawyers would have been put in the uncomfortable position of having to defend Rove and Miers in court. The alternative would have been to accept the possibility of a judicial ruling that might have impinged on the confidentiality of their own discussions about sensitive issues should those discussions later become the subject of congressional investigations.
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