Press Background Briefing by Senior Administration Officials on Executive Privilege

Business Wire, June 28, 2007

NEWPORT, RI -- Via Teleconference

10:07 A.M. EDT

MR. FRATTO: This is Tony Fratto, Deputy Press Secretary at the White House. This is, as the operator said, a senior administration official call. So that's your sourcing. I'll turn the phone over to my colleague. He'll make some opening remarks, and then we will open it up to questions.

SENIOR ADMINISTRATION OFFICIAL: Good morning. Before we take your questions, I'd like to just give you a little background, so we're all working from the same page. As you know, the Senate and House Judiciary Committees issued a total of five subpoenas. Two of the subpoenas to the White House for documents to be produced no later than today. A third subpoena was issued by the House Judiciary Committee to Harriet Miers for documents and testimony, and the response and hearing date is simultaneously set for July 12th. The fourth and fifth subpoenas were issued by the Senate Judiciary Committee to Sara Taylor for documents and for testimony, and the documents subpoena called for response this morning as well.

In response to those subpoenas, the President has asserted executive privilege over the requested document relating to the subpoenas, and has directed that none of them be produced pursuant to subpoena. This morning the chairs of both committees were notified by telephone and also are now in receipt of a letter from the Counsel to the President setting forth the President's decision. That letter is accompanied by a letter from the Department of Justice in which the President is advised of the propriety and legality of such an exercise of executive privilege in this instance.

We regret that we were forced to take this step. We had very much hoped that accommodation could be reached and this could be avoided. Please note this exercise -- assertion, excuse me, of executive privilege applies only to documents today, but in reading the Counsel of the President's letter, you should note that although it relates only to documents today, which is the only thing in issue today, the President has also advised that consistent with his view and the Department of Justice advice, that would be a valid exercise of executive privilege, as the testimony that he is prepared to exercise executive privilege as to testimony at the appropriate time if this matter is not resolved.

Please note further that the President wanted and also instructed Counsel of the President to confirm to both committees that he is willing and the White House is willing to revive the pending offer of accommodation if there is a withdrawal of the subpoenas or it would not be -- if it would not be under compulsion. As I say, we again regret that we had to reach this impasse, because we hoped that there could be accommodation. Unfortunately, that has not occurred.

Our system is a system, obviously, of separation of powers. Each branch has its prerogatives. And the constitutional design of our system, the President must be able to receive unfettered advice and counsel from the people working around him and their deliberations and in the performance of their executive branch duties, as they relate to the President's constitutional obligations and duties.

And executive privilege protects from compelled testimony and forced disclosure of those things. It's a principle the President feels very strongly must be protected for the institution of the presidency and for future Presidents.

I'll be happy to take any questions.

Q I have actually two questions. First, you said the President is prepared to exercise, or assert executive privilege with respect to testimony. Democrats and Republicans on Capitol Hill seem to agree that if the President would offer a transcript for these interviews, that they might withdraw the subpoenas.

So two questions. First, why not just agree to their request for a transcript? And, secondly, how confident are you that if this goes to court, you will win in court?

SENIOR ADMINISTRATION OFFICIAL: Let me answer your first question as to transcripts. Obviously, there has been a lot of discussion back and forth in that regard. The position that the President took and conveyed to the committees and the offer of compromise did not include transcripts. The accommodation was designed to provide information, not to appear to be having testimony without having testimony. One of the concomitants of testimony, of course, is transcripts.

As far as the debate goes, often cited is that a transcript is not wanted because otherwise there would be a perjury trap. And, candidly, as everyone has discussed, misleading Congress is misleading Congress, whether it's under oath or not. And so a transcript may be convenient, but there's no intention to try to avoid telling the truth. The transcript issue has been debated, as I mentioned before, but we've not been able to resolve that as far as the committees are concerned. The President felt that he made an offer which was a generous and historic offer, if you will, and that he hopes that it would be accepted. He still hopes it would be accepted.