GERALD HERBERT / AP Enlarge
WASHINGTON - Former White House adviser Karl Rove defied a congressional subpoena and refused to testify yesterday about allegations of political pressure at the Justice Department, including whether he influenced the prosecution of a former Democratic governor of Alabama.
Rep. Linda Sanchez, chairman of a House subcommittee, ruled with backing from fellow Democrats on the panel that Mr. Rove was breaking the law by refusing to cooperate - perhaps the first step toward holding him in contempt of Congress.
The White House has cited executive privilege as a reason he and others who serve or served in the administration should not testify, arguing that internal administration communications are confidential and that Congress cannot compel officials to testify.
Mr. Rove has said he is bound to follow the White House's guidance, although he has offered to answer questions specifically on the case of former Alabama Gov. Don Siegelman - but only with no transcript taken and not under oath.
Lawmakers subpoenaed Mr. Rove in May in an effort to force him to talk about whether he played a role in prosecutors' decisions to pursue cases against Democrats, such as Siegelman, or in firing federal prosecutors considered disloyal to the Bush Administration.
Mr. Rove had been scheduled to appear at the House Judiciary subcommittee hearing yesterday. A placard with his name sat in front of an empty chair at the witness table with a handful of protesters behind it calling for Mr. Rove to be arrested.
A decision on whether to pursue contempt charges now goes to the full Judiciary Committee and evetually to House Speaker Nancy Pelosi.
House Republicans called yesterday's proceedings a political stunt and said if Democrats truly wanted information they would take up Mr. Rove on an offer he made to discuss the matter informally.
The House already has voted to hold two of President Bush's confidants in contempt for failing to cooperate with its inquiry into whether the administration fired nine federal prosecutors in 2006 for political reasons.
The case, involving White House chief of staff Josh Bolten and former White House counsel Harriet Miers, is in federal court and may not be resolved before Mr. Bush's term ends in January.
Democrats have rejected the offer from Mr. Rove to talk with them informally because the testimony would not be sworn and, they say, could create a confusing record.
Mr. Rove has insisted publicly that he never tried to influence Justice Department decisions and was not even aware of the Siegelman prosecution until it landed in the news.
Siegelman was charged with accepting and concealing a contribution to his campaign to start a state education lottery, in exchange for appointing a hospital executive to a regulatory board.
He was sentenced last year to more than seven years in prison but was released in March when a federal appeals court ruled Siegelman had raised "substantial questions of fact and law" in his appeal.