Ample Precedent for White House Testimony

A BUZZFLASH NEWS ALERT

Dear Chairman Leahy and Chairman Conyers:

Yesterday, President Bush asserted that the White House would give Congress "unprecedented" access to information regarding the Administration's recent dismissal of U.S. Attorneys. This statement is misinformed. As you continue discussions with the White House regarding your investigation of the U.S. Attorneys matter, I wanted to bring to your attention relevant precedent.

The President said yesterday that he would not allow White House aides including Senior Advisor to the President Karl Rove, former White House Counsel Harriet Miers, deputy counsel William Kelley, and political aide J. Scott Jennings testify under oath and on the record about the dismissal of the U.S. Attorneys. Contrary to the President's contention, there is extensive precedent for officials in these positions to appear before Congress.

When Republicans controlled Congress during the Clinton Administration, they routinely insisted that White House officials appear before Congress. During the prior Administration, a series of White House Counsels testified to congressional committees publicly and under oath:

-- In 1994, White House Counsel Bernard Nussbaum testified before the House Committee on Banking, Finance and Urban Affairs regarding the "Whitewater" matter.[1] In 1996, he was deposed under oath on two separate days by the House Committee on Government Reform and Oversight as part of the White Travel Office investigation.[2]

-- In 1994, White House Counsel Lloyd Cutler testified before the House Committee on Banking, Finance and Urban Affairs regarding the "Whitewater" matter.[3]

-- In 1997, White House Counsel Jack Quinn was deposed under oath by the House Committee on Government Reform and Oversight as part of an investigation into campaign finance activities.[4]

-- In 1997, White House Counsel Charles Ruff testified before the House Committee on Government Reform and Oversight as part of an investigation into campaign finance activities.[5] Mr. Ruff testified again before the Committee in 2000 as part of an investigation into the White House email system.[6] Mr. Ruff also testified before the Senate Committee on Governmental Affairs as part of the Committee's 1997-1998 investigation into campaign finance activities.[7]

-- In 2000, White House Counsel Beth Nolan testified before the House Committee on Government Reform as part of an investigation into the White House email system.[8] Ms. Nolan testified again before the Committee in 2001 as part of an investigation into President Clinton's pardon decisions.[9]

Numerous White House Chiefs of Staff also have provided Congress with sworn testimony on the record:

-- In 1997, White House Chief of Staff Thomas F. McLarty was deposed by the House Committee on Government Reform and Oversight as part of an investigation into campaign finance activities.[10]

-- In 1998, White House Chief of Staff Erskine Bowles was deposed by the House Committee on Government Reform and Oversight as part of an investigation into the use of the President's holiday card list.[11]

-- In 2001, White House Chief of Staff John Podesta testified before the House Committee on Government Reform as part of an investigation into President Clinton's pardon decisions.[12]

Other White House officials who have testified before Congress under oath and on the record have included individuals serving in the position of Senior Advisor to the President,[13] Deputy Counsel to the President,[14] Director of Political Affairs,[15] and Chief of Staff to the Vice President.[16]

The President is also mistaken in his contention that Congress has not received communications between White House aides. In fact, there is extensive precedent for providing these communications to Congress when they are pertinent to an investigation. For example:

-- The Clinton White House provided the House Committee on Government Reform and Oversight with thousands of pages of White House e-mails, including e-mails between the Vice President and his staff, during the Committee's investigation into the White House email system.[17]

-- The Clinton White House provided the House Government Reform and Oversight Committee with notes taken by White House counsel reflecting attorney-client communications,[18] during the Committee's investigation into campaign finance activities. The Clinton White House also provided the Committee a memo containing legal advice from the Vice President's counsel to the Vice President.[19]

The White House's current position also contradicts this Administration's own recent precedent. This past Monday, the White House allowed both the current chairman of the White House Council on Environmental Quality (CEQ) and the former chief of staff of CEQ to testify before the House Committee on Oversight and Government Reform regarding communications between White House aides on global climate change policy.[20] And last Friday, the director of the office of security for the White House appeared before the House Committee on Oversight and Government Reform and responded to questions about communications between his office and top White House aides.[21]

Last year, my staff prepared a report that provides additional detail on precedent regarding White House cooperation with congressional oversight requests.[22] I am attaching this document for your background.

I hope that this information helps provide perspective on the current position of the White House regarding responding to congressional investigations.

Sincerely,

Henry A. Waxman

Chairman

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