White House and Lawmakers Alike Face Risks in an Executive Privilege Fight

By SHERYL GAY STOLBERG
New York Times

WASHINGTON, June 16 — President Bush was strangely quiet this week when Democrats issued subpoenas to two former White House officials in the firing of federal prosecutors.

Mr. Bush had been quite vocal, and perfectly clear, back in March when Democrats first delivered their subpoena threat. “I will oppose any attempts to subpoena White House officials,” Mr. Bush said then. Asked if he would be willing to fight a subpoena in court, he added, “Absolutely.”

But when the subpoenas actually arrived on Wednesday, for Harriet E. Miers, the former White House counsel, and Sara Taylor, the former White House political director, Mr. Bush said nothing. The White House counsel, Fred F. Fielding — who recently beefed up his staff, hiring additional lawyers to handle the growing demands for documents and testimony — has yet to offer a response.

The press secretary, Tony Snow, refused to say if the president would fight the subpoenas in court. “That is way premature,” Mr. Snow said.

Those sounds of silence suggest that the White House is grappling with a dilemma. If Mr. Bush reaches an accommodation with lawmakers on testimony from Ms. Miers and Ms. Taylor, Democrats will inevitably demand similar terms for Karl Rove, Mr. Bush’s chief political adviser. The last thing Mr. Bush wants is the image of Mr. Rove going up to Capitol Hill to submit to questions from Democrats.

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