Waxman threatens Mukasey with contempt over Cheney’s FBI interview on CIA leak probe

"Congress" "Justice Department"

07/08/2008

WASHINGTON (AP) -- A House panel threatened Tuesday to cite Attorney General Michael Mukasey with contempt of Congress unless he produces documents from an FBI interview with Vice President Dick Cheney regarding the leak of a CIA agent's identity.

Even as he issued the warning, Oversight and Government Reform Committee Chairman Henry Waxman, D-Calif., also backed off his demand for a similar report on President Bush.

"The report of the FBI interview with Vice President Cheney needs to be produced, however," Waxman wrote in a letter to Mukasey, noting that the oversight committee is set to vote July 16 on whether to cite Mukasey with contempt of Congress.

"I strongly urge you to comply with the duly issued subpoena before then," Waxman said. "The committee cannot complete its inquiry into this serious matter without the report of the vice president's FBI interview."

There was no immediate indication that Mukasey would comply. He has made the case that any reports of interviews with Bush or Cheney on the subject would threaten "core executive branch confidentiality interests and fundamental separation of powers principles."

Bush has not declared the reports off-limits under executive privilege.

Justice Department spokesman Peter Carr said the agency is reviewing Waxman's letter, and referred to the department's June 24 letter to Waxman.

"We are not prepared to provide or make available any reports of interviews with the president or the vice president from the leak investigation," wrote Principal Deputy Assistant Attorney General Keith B. Nelson. To do so, he added would set a precedent that could discourage White House officials from cooperating with future criminal investigations by DOJ.