Within 24 hours of the nomination becoming public, White House critics sharply shifted tone
-- from bluntly threatening to block unacceptable nominees to the lawyerly language of ongoing negotiations.
For example, Senate Judiciary Committee Chairman Patrick Leahy had said he would not hold confirmation hearings until he received documents on prisoner interrogations and eavesdropping from the White House.
On Monday, Leahy reported that White House Counsel Fred Fielding had phoned with a new willingness to provide the information Leahy had demanded.
"They aren't going to agree to everything I've asked for but want to work out some (matters) where we can," Leahy told reporters. "I take Mr. Fielding at his word."
Sen. Chuck Schumer, D-N.Y., the White House's most vocal Senate critic, suddenly began speaking of optimism and hopefulness for the Justice Department, rather then dwelling on the troubles of a federal law enforcement agency headed until Monday by Alberto Gonzales.
"All of us want to look forward to straightening up things in the Justice Department and restoring rule of law in that very important department, rather than look back," said "That doesn't mean that the finding out what happened is not important. It is. But that's not going to be the goal here."
It's a striking new posture for Schumer. Among the reasons: He suggested Mukasey for the job during recent conversations with Fielding, touting the former federal judge's fidelity to the rule of law.
The "consensus" choice of Mukasey had the effect of resetting the soured relations between Congress and the White House, at least for the moment. A standoff over congressional demands for information on the firings of federal prosecutors no longer seemed headed for contempt of Congress citations and federal court.
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The prospect of contempt of Congress citations against a trio of current and former presidential advisers has put pressure on the White House to resolve disputes over congressional demands for documents and testimony on the prosecutor firings and the eavesdropping program. Fielding has declared such information protected by executive privilege.
In August, the House scrapped tentative plans to hold a floor vote this month on a contempt citation against White House Chief of Staff Josh Bolten and former presidential legal adviser Harriet Miers, who ignored their subpoenas under Fielding's claim of privilege.
It's unclear whether or when that vote might be held, but a knowledgeable Democratic official said House leaders "will bring it to the floor when we are ready."
In the Senate, former presidential adviser Karl Rove ignored a subpoena to come before the Judiciary Committee, also because Fielding had ruled his testimony protected by executive privilege. Leahy had talked of considering that claim, which would move the process toward a contempt citation. No action has been taken.
[Associated Press; by Laurie
Kellman]
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