Obama directed the National Archives and Records Administration to consult with the Justice Department and White House counsel "concerning the Archivist's determination as to whether to honor the former President's claim of privilege or instead to disclose the presidential records notwithstanding the claim of privilege."
Theoretically, the standoff could lead to the arrests of Bush administration officials who refuse to comply with congressional subpoenas, though that practice has not been employed in recent times. Traditionally, disputes over executive privilege are resolved through negotiations, but Bush’s position was so broad that talks between Congress and the White House broke down.
Last year, Rove made an end-around against Democratic leaders by having his denial of sponsoring Siegelman’s prosecution inserted into the Congressional Record by Rep. Lamar Smith of Texas, the Judiciary Committee’s ranking Republican.
In written responses to questions from Smith, Rove denied speaking to anyone “either directly or indirectly” at the Justice Department or to Alabama state officials about bringing corruption charges against Siegelman.
Siegelman was convicted of corruption in 2006, but was released from prison on bond in March 2008 after an appeals court ruled that “substantial questions” about the case could very well result in a new trial or a dismissal.
Siegelman has long maintained that Rove was intimately involved in the prosecution and other attempts to blunt Democratic southern inroads that Siegelman’s governorship represented.
In an interview with The Anniston Star on May 18, 2008, Siegelman said Rove first targeted him in 1998.
“It started when Karl Rove's bag man, I call him, Jack Abramoff, started putting Indian casino money into Alabama to defeat me in 1998,” Siegelman told the newspaper. “Shortly after I endorsed Al Gore in 1999, Karl Rove's client, the attorney general of Alabama (Bill Pryor) started an investigation.
“In 2001, Karl Rove's business associate and political partner's wife, Leura Canary, became a U.S. Attorney and started a federal investigation,” Siegelman said. “It started with the attorney general and the state investigation, followed by the federal investigation, followed by indictments in 2004, and then another series of indictments leading up to the 2006 election.”
On Monday, several Democrats on the House Judiciary Committee said if Rove refuses to comply with the subpoena this time they will urge Conyers to have Rove arrested.
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