Cheney’s office, White House subpoenaed

updated 2:05 p.m. ET June 27, 2007

WASHINGTON - The Senate subpoenaed the White House and Vice President Dick Cheney’s office Wednesday, demanding documents and elevating the confrontation with President Bush over the administration’s warrant-free eavesdropping on Americans.

Separately, the Senate Judiciary Committee also is summoning Attorney General Alberto Gonzales to discuss the program and an array of other matters that have cost a half-dozen top Justice Department officials their jobs, committee chairman Patrick Leahy announced.

Leahy, D-Vt., raised questions about previous testimony by one of Bush’s appeals court nominees and said he wouldn’t let such matters pass.

“If there have been lies told to us, we’ll refer it to the Department of Justice and the U.S. attorney for whatever legal action they think is appropriate,” Leahy told reporters. He did just that Wednesday, referring questions about testimony by former White House aide Brett Kavanaugh, who now sits on the U.S. Court of Appeals for the District of Columbia.

The escalation is part of the Democrats’ effort to hold the administration to account for the way it has conducted the war on terrorism since the Sept. 11, 2001, attacks. The subpoenas extend the probe into the private sector, demanding among other things documents on any agreements that telecommunications companies made to cooperate with the surveillance program.

The White House contends that its search for would-be terrorists is legal, necessary and effective — pointing out frequently that there have been no further attacks on American soil. Administration officials say they have given classified information — such as details about the eavesdropping program, which is now under court supervision — to the intelligence committees of both houses of Congress.

Echoing its response to previous congressional subpoenas to former administration officials Harriet Miers and Sara Taylor, the White House gave no indication that it would comply with the new ones.

“We’re aware of the committee’s action and will respond appropriately,” White House spokesman Tony Fratto said. “It’s unfortunate that congressional Democrats continue to choose the route of confrontation.”

In fact, the Judiciary Committee’s three most senior Republicans — Arlen Specter of Pennsylvania, former chairman Orrin Hatch of Utah and Chuck Grassley of Iowa — sided with Democrats on the 13-3 vote last week to give Leahy the power to issue the subpoenas.

Sweeping probe
The showdown between the White House and Congress could land in federal court.

Also named in subpoenas signed by Leahy were the Justice Department and the National Security Council. The four parties — the White House, Cheney’s office, the Justice Department and the National Security Council — have until July 18 to comply, Leahy said. He added that, like House Judiciary Committee Chairman John Conyers, D-Mich., he would consider pursuing contempt citations against those who refuse.

Gonzales, in Spokane, Wash., on Wednesday to discuss gang issues with local officials, said he had not seen the subpoena documents and could not comment on them directly.

“There are competing institutional interests,” Gonzales said.

The Judiciary committees have issued the subpoenas as part of a look at how much influence the White House exerts over the Justice Department and its chief, Gonzales.

The probe, in its sixth month, began with an investigation into whether administration officials ordered the firings of eight federal prosecutors for political reasons. The Judiciary committees subpoenaed Miers, one-time White House legal counsel, and Taylor, a former political director, though they have yet to testify.

Now, with senators of both parties concerned about the constitutionality of the administration’s efforts to root out terrorism suspects in the United States, the committee has shifted to the broader question of Gonzales’ stewardship of Justice.

The issue concerning Kavanaugh, a former White House staff secretary, is whether he misled the Senate panel during his confirmation hearing last year about how much he was involved in crafting the administration’s policy on enemy combatants.

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