Was Bush Involved in U.S. Attorney Scandal? Depends on Whom You Ask

Lawyer Stanley Brand, former counsel to the House of Representatives and one of the capital's leading ethics experts, put it more bluntly. "The White House press people lie, but the lawyers have to tell the truth because they're officers of the court."

The administration is fighting a congressional effort to force former White House counsel Harriet Miers and former chief of staff Joshua Bolten to provide documents and testimony about the firings and their aftermath. The administration argues that the ex-aides should enjoy so-called "executive privilege" by virtue of their service to Bush and be protected from congressional subpoenas.

Judge John Bates from the U.S. District Court for the District of Columbia ruled last month that the two did not have blanket immunity from congressional inquiries, although they could invoke executive privilege in reponse to specific questions or requests.

The administration has appealed the ruling and is urging the judge to stay the subpoenas until a higher court can review the decision. Congress filed papers Friday urging Bates not to stay the rulings.

The White House has acknowledged a minor role for Bush in the affair. Last year, it confirmed that Bush had one conversation with then-Attorney General Alberto Gonzales, prior to the now-infamous purge, about complaints from senators that their home-state U.S. attorneys were not aggressively pursuing perceived voter fraud cases.

In addition, the Albequerque (N.M.) Journal reported in April 2007 that sometime after the 2006 midterm elections, Bush had a phone conversation with Sen. Pete Domenici, R-N.M., about then-New Mexico U.S. attorney David Iglesias. Iglesias was one of the nine prosecutors fired in the scandal. The White House last Friday declined to confirm the story.

During oral arguments in June, Judge Bates made it clear he did not understand the adminisration's position on Bush's involvement in the scandal.

"Let me explore that just a little bit," Judge Bates asked administration lawyer Nichols during oral arguments in June. "[W]hat you're saying is that some of the documents" subpoenaed by Congress "may well be documents that involved advice to the President or even presidential decisions."