Just four days before he left office, President Bush instructed former White House aide Karl Rove to refuse to cooperate with future congressional inquiries into alleged misconduct during his administration. On Jan. 16, 2009, then White House Counsel Fred Fielding sent a letter (.pdf) to Rove’s lawyer, Robert Luskin. The message: should his client receive any future subpoenas, Rove “should not appear before Congress” or turn over any documents relating to his time in the White House. The letter told Rove that President Bush was continuing to assert executive privilege over any testimony by Rove—even after he leaves office. A nearly identical letter (.pdf) was also sent by Fielding the day before to a lawyer for former White House counsel Harriet Miers, instructing her not to appear for a scheduled deposition with the House Judiciary Committee. That letter reasserted the White House position that Miers has “absolute immunity” from testifying before Congress about anything she did while she worked at the White House—a far-reaching claim that is being vigorously disputed by lawyers for the House of Representatives in court.

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