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The subpoena which will have the support of every Democrat on the committee, and most likely a Republican or two as well represents a significant escalation in Lieberman's conflict with the president. That battle began on March 27, when Lieberman sent a letter to the White House asking for information about Enron contacts. The White House at first questioned Lieberman's request, saying it was "overbroad," and then complied in part by distributing a questionnaire to employees in the Executive Office of the President who might have had contacts with Enron. That was not enough for Lieberman, who criticized the White House's efforts as inadequate and coming too late to provide information for hearings planned for this summer. On May 3, Lieberman sent a sharply worded letter to White House counsel Alberto Gonzales, saying the administration's response had been "unacceptable." (See "The Enron Showdown," NRO, May 7) "I am deeply disappointed that you have chosen to employ an overly complicated and unduly long process that seems destined to produce an inadequate response to the committee's reasonable request," Lieberman wrote. The letter included a veiled but unmistakable threat that if the White House did not respond quickly, Lieberman would issue a subpoena. Last Thursday, Gonzales sent Lieberman a letter saying the White House has undertaken several new measures to find information for him, and that the information would be sent to him shortly. "We should be able to provide relevant information to the committee in a time frame consistent with that identified by your staff in the April 11 meeting namely, during the month of May," Gonzales wrote. "In my judgment, we have taken reasonable steps in response to the committee's request." But Gonzales did not guarantee that Lieberman would be given everything he requested, and the next day, Friday, Lieberman announced that he was still not satisfied. "Your most recent communication has forced me to conclude that...the committee cannot reasonably expect to receive the information sought in its March 27 request at any time in the near future," Lieberman wrote to Gonzales. "Having reached that conclusion, I regret that I have no choice but to seek authority from the committee to issue a subpoena to the Executive Office of the President." A Lieberman aide says the senator is unhappy with the White House for several reasons. One, the aide says the White House still has not offered to look into communications between Enron and the president and the vice president. Two, the White House has not queried former administration employees who were involved in energy matters. And three, the aide says, even though the White House has agreed to search for Enron-related information, it has not agreed to turn it over to the committee. "Gonzales said they were doing all they can to provide relevant information," says the aide. "The senator feels like it's not up to the White House to determine relevant information. He asked for responsive information." Finally, the aide says the White House has simply been too slow to respond: "It's clear that their entire method was to drag this out as long as possible. It's been eight weeks and there's been zero information." The move left some in the White House taken aback. After all, eight weeks, in this kind of investigation, is not a terribly long time. And Gonzales promised to give Lieberman information during May, which still has ten more days to go. Why would Lieberman go nuclear so quickly, not even waiting until the end of the month? "We were pretty surprised," says a White House source. "We have worked with his staff, we have been doing a tremendous amount of work to gather information, we were expecting to give it to them this week, and then boom! there's this subpoena threat." Lieberman's aggressiveness has led some to speculate that he wants a confrontation with the White House. "They clearly want the issue," says a White House source. "They seem to want the issue more than they actually want to get the information." Adds a Capitol Hill Republican: "He's looking for a confrontation. The White House has genuinely been interested in trying to reach some kind of accommodation." It's an accusation that Lieberman aides deny "Anybody who knows Senator Lieberman knows that he is not confrontational," says one but there is no denying that a confrontation has indeed come. And there is no way to know how it will be resolved. The Lieberman subpoena is in some ways a more serious challenge to the White House than the current lawsuit over the General Accounting Office's demand for information relating to Vice President Dick Cheney's energy task force. In that case, the White House has argued that the GAO simply does not have the legal authority to force the White House to give up such information. But the administration appears to be on less solid ground in an argument with a Senate committee. In the end, the White House might have to either give up the information or claim that it is covered by executive privilege, which could lead to an even bigger legal fight with no sure outcome. Either way, the story has become Joe Lieberman versus the White House. And it is perhaps telling that it has come to a turning point now. All this week, Senate Democrats are celebrating the one-year anniversary of Sen. James Jeffords's party switch that gave them control of the Senate. Jeffords's defection has profoundly affected the Bush administration in a variety of areas, from the president's legislative agenda to his ability to have his judicial nominations confirmed by the Senate. But Lieberman's showdown with the White House is yet another effect of Jeffords's move. The party switch gave a committee chairmanship and the subpoena power that goes with it to one of the president's potential rivals in 2004. And no matter what the White House does, Lieberman appears to be in a hurry to use it. |
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