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Thursday, June 28, 2007 11:06 a.m. EDT

Bush 'Executive Privilege' Blocks Subpoenas

President George W. Bush on Thursday asserted executive privilege over documents sought by the Democratic-led Congress on the firings of federal prosecutors, likely setting up a court battle.

"The president has decided to assert executive privilege and therefore the White House will not be making any production in response to these subpoenas for documents," wrote Bush counsel Fred Fielding.

The White House letter to Sen. Patrick Leahy and Rep. John Conyers, the Democratic chairmen of the congressional judiciary committees, was in response to subpoenas it received this month requesting documents related to the firings of several U.S. attorneys last year.

Democrats who took control of Congress this year say the firings were politically motivated and have sought White House testimony and documents in a controversy that has led to bipartisan calls for Attorney General Alberto Gonzales to step down. Bush has steadfastly backed Gonzales.

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  The showdown could result in a lengthy court fight.

"Increasingly, the president and vice president feel they are above the law - in America no one is above law," Leahy said in a statement.

"This White House cannot have it both ways. They cannot stonewall congressional investigations by refusing to provide documents and witnesses, while claiming nothing improper occurred," he said.

Fielding said the White House had also instructed Sara Taylor, former White House director of political affairs, and Harriet Miers, former counsel to Bush, to not produce any documents requested in subpoenas that were issued to them.

"We had hoped this matter could conclude with your committees receiving information in lieu of having to invoke executive privilege. Instead, we are at this conclusion," Fielding said.

The assertion of executive privilege to the congressional subpoenas for material related to the probe on the firings of the prosecutors comes one day after Leahy's committee subpoenaed the White House for documents related to the administration's warrantless domestic spying program.

© Reuters 2007.

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