" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

REPORT

110–847 

House Calendar No. 263 

RESOLUTION RECOMMENDING THAT THE HOUSE OF 

REPRESENTATIVES FIND KARL ROVE IN CONTEMPT OF CONGRESS FOR REFUSAL TO COMPLY 

WITH A SUBPOENA DULY ISSUED BY THE COMMITTEE ON THE JUDICIARY 

R E P O R T 

OF THE

COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

together with 

ADDITIONAL VIEWS AND MINORITY VIEWS 

SEPTEMBER 15, 2008.—Referred to the House Calendar and ordered 

to be printed 


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1 

69–006 

" ! HOUSE OF REPRESENTATIVES 110TH CONGRESS

2d Session 

REPORT

2008

110–847 

House Calendar No. 263 

RESOLUTION RECOMMENDING THAT THE HOUSE OF 

REPRESENTATIVES FIND KARL ROVE IN CONTEMPT OF CONGRESS FOR REFUSAL TO COMPLY 

WITH A SUBPOENA DULY ISSUED BY THE COMMITTEE ON THE JUDICIARY 

R E P O R T 

OF THE

COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

together with 

ADDITIONAL VIEWS AND MINORITY VIEWS 

SEPTEMBER 15, 2008.—Referred to the House Calendar and ordered 

to be printed 


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110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–847 

RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES 

FIND KARL ROVE IN CONTEMPT OF CONGRESS FOR REFUSAL TO COMPLY WITH A SUBPOENA DULY ISSUED BY THE COMMITTEE ON THE JUDICIARY 

SEPTEMBER 15, 2008.—Referred to the House Calendar and ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS AND MINORITY VIEWS 

[Including Committee Cost Estimate] 

The Committee on the Judiciary, having considered this Report, 

reports favorably thereon and recommends that the Report be approved. 

The form of Resolution that the Committee on the Judiciary 

would recommend to the House of Representatives for citing former 

White House Adviser Karl Rove for contempt of Congress pursuant 

to this Report is as follows: 

Resolved, That former White House Adviser Karl Rove is in contempt of Congress for failure to comply with the subpoena issued 

to him on May 22, 2008; and it is further 

Resolved, That pursuant to 2 U.S.C. 192 and 194, the Speaker 

of the House of Representatives shall certify the Report of the Committee on the Judiciary, detailing the refusal of former White 

House Adviser Karl Rove to appear before the Subcommittee on 

Commercial and Administrative Law as directed by subpoena, to 

the United States Attorney for the District of Columbia, to the end 

that Mr. Rove be proceeded against in the manner and form provided by law; and it is further 

Resolved, That the House of Representatives should pursue enforcing the subpoena through other legal remedies as appropriate. 


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1 H.R. 580, Restoring Checks and Balances in the Confirmation Process of U.S. Attorneys: 

Hearing Before the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. (2007). The six former U.S. Attorneys who testified were Ms. Lam, Mr. Iglesias, 

Mr. Cummins, Mr. McKay, Mr. Bogden, and Mr. Charlton. 2The other witnesses included the following: Representative Darrell E. Issa (R-CA); former 

Representative Asa Hutchinson (R-AR); John A. Smietanka, a former United States Attorney 

for the Western District of Michigan; George J. Terwilliger, III, former Deputy Attorney General 

of the U.S. Department of Justice; T.J. Halstead, Legislative Attorney, American Law Division, 

Congressional Research Service; and Atlee W. Wampler, III, President of the National Association of Former United States Attorneys. 3 Ensuring Executive Branch Accountability: Hearing Before the Subcomm. on Commercial and 

Admin. Law of the H. Comm. on the Judiciary, 110th Cong. (2007). The witnesses at the hearing 

included John Podesta, former White House Chief of Staff to President Bill Clinton; Beth Nolan, 

former White House Counsel to President Bill Clinton; Frederick A.O. Schwarz, Jr., Senior 

Counsel, Brennan Center for Justice; and Noel J. Francisco, former Associate Counsel to President George W. Bush. 4 Id. (testimony of Beth Nolan, former White House Counsel to President Bill Clinton). 5 Continuing Investigation into the U.S. Attorneys Controversy: Hearing Before the Subcomm. 

on Commercial and Admin. Law of the H. Comm. on the Judiciary,110th Cong. (2007) (testimony of James Comey, former Deputy Attorney General). 6 United States Department of Justice: Hearing Before the H. Comm. on the Judiciary, 110th 

Cong. (2007) (testimony of Attorney General Alberto Gonzales). 

BACKGROUND AND EXPLANATION 

I. BACKGROUND OF COMMITTEE INVESTIGATION AND REQUESTS FOR

INFORMATION FROM KARL ROVE

A. House Judiciary Committee Hearings 

Beginning in March 2007, the House Judiciary Committee and 

its Subcommittee on Commercial and Administrative Law (CAL 

Subcommittee) have held a number of hearings on the alleged 

politicization of the Justice Department, including the termination 

of U.S. Attorneys in 2006, allegations of selective prosecution, and 

related issues. These have included: 

U.S. Attorneys & William Moschella. On March 6, 2007, six of 

the terminated U.S. Attorneys 1 and William E. Moschella, Principal Associate Deputy Attorney General, U.S. Department of Justice, among others, testified before the CAL Subcommittee.2 At this 

hearing (and in private briefings on February 28 and March 5 to 

CAL Subcommittee members and staff that preceded it), Mr. 

Moschella testified, inter alia, as to the Justice Department’s thenclaimed reasons for firing these U.S. Attorneys. The terminated 

U.S. Attorneys testified, inter alia, that they had not been given 

reasons for their firing and, among other matters, responded to 

some of the Department’s asserted reasons for their firing, and discussed potentially improper political and other factors that may 

have been related to their firing. 

Ensuring Executive Branch Accountability. On March 29, 2007, 

the CAL Subcommittee heard testimony assessing the validity of 

White House assertions concerning executive privilege in the U.S. 

Attorney controversy.3 Beth Nolan, former White House Counsel 

under President Clinton, indicated that she had testified four times 

before congressional committees on matters directly related to her 

White House duties, including three times while she was serving 

in that position.4

James Comey. On May 3, 2007, former Deputy Attorney General 

James Comey testified before the CAL Subcommittee.5

Alberto Gonzales. On May 10, 2007, Attorney General Gonzales 

appeared before the full Judiciary Committee for an oversight hearing that focused on the U.S. Attorneys controversy.6


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7 Continuing Investigation into the U.S. Attorneys Controversy and Related Matters: Hearing 

Before the H. Comm. on the Judiciary, 110th Cong. (2007) (testimony of Monica Goodling, former 

Senior Counsel to Attorney General Alberto Gonzales and White House Liaison, U.S. Department of Justice). 8 Continuing Investigation into the U.S. Attorneys Controversy and Related Matters: Hearing 

Before the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th 

Cong. (2007) (testimony of Paul McNulty, Deputy Attorney General). 9 Continuing Investigation into the U.S. Attorneys Controversy and Related Matters: Hearing 

Before the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th 

Cong. (2007). 10 Id. On July 25, 2007, the Committee met in open session and adopted a resolution ‘‘recommending that the House of Representatives find that former White House Counsel Harriet Miers 

and White House Chief of Staff Joshua Bolten be cited for contempt of Congress for refusal to 

comply with subpoenas issued by the Committee.’’ The Committee voted 22-17 to report a resolution recommending finding them in contempt to the full House. On February 14, 2008, the 

House voted 223-32 to hold Ms. Miers and Mr. Bolten in contempt of Congress and to grant 

the Chairman of the Committee the power to file a civil suit to seek declaratory and injunctive 

relief for the failure to comply with the subpoenas. Attorney General Michael Mukasey declined 

to refer the contempt citations to a grand jury, and the Chairman of the Committee initiated 

a lawsuit in the U.S. District Court for the District of Columbia. That case is currently pending. 11 Allegations of Selective Prosecution: The Erosion of Public Confidence in our Federal Justice 

System: Joint Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Security and 

the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th Cong. 

(2007). 12 Allegations of Selective Prosecution Part II: The Erosion of Public Confidence in our Federal 

Justice System: Joint Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Security and the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 110th 

Cong. (2008). 13The Politicization of the Justice Department and Allegations of Selective Prosecution: Hearing Before the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 

110th Cong. (2008). 

Monica Goodling. After a grant of limited use immunity, Monica 

Goodling, former Senior Counsel to Attorney General Alberto 

Gonzales and the Department’s White House Liaison, appeared before the full Committee on May 23, 2007.7

Paul McNulty. On June 21, 2007, Deputy Attorney General Paul 

McNulty testified before the CAL Subcommittee.8

Harriet Miers. Former White House Counsel Harriet Miers refused to comply with a subpoena requiring her appearance before 

the CAL Subcommittee on July 12, 2007.9 Ms. Miers not only failed 

to provide testimony or documents; she failed even to appear for 

the hearing. CAL Subcommittee Chair Linda Sa ́nchez proceeded to 

overrule the White House’s claims of immunity and privilege with 

respect to Ms. Miers, and the ruling was sustained by CAL Subcommittee Members in a recorded vote of 7-5.10

Allegations of Selective Prosecution: The Erosion of Public Confidence in our Federal Justice System. On October 23, 2007, the 

Subcommittee on Crime, Terrorism, and Homeland Security and 

the CAL Subcommittee held a joint hearing exploring several cases 

of alleged selective prosecution, including the prosecutions of 

former Democratic Alabama Governor Don Siegelman, Wisconsin 

state employee Georgia Thompson, and prominent Democrat Cyril 

Wecht in Pittsburgh. Testimony was received from former Attorney 

General Richard Thornburgh, Professor Donald C. Shields, and 

former Alabama U.S. Attorney Doug Jones.11 Part II of the hearing 

was held on May 14, 2008, at which testimony was received from 

the Hon. Paul W. Hodes (D-N.H.), consultant Allen Raymond, Attorney Paul Twomey, and Professor Mark C. Miller.12

Karl Rove. Former White House Deputy Chief of Staff Karl Rove 

refused to comply with a subpoena requiring his appearance before 

the CAL Subcommittee on July 10, 2008, failing to appear for the 

hearing to answer questions.13 CAL Subcommittee Chair Sa ́nchez 

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14 Id. 15Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, to Fred Fielding, Counsel to the President 

(Mar. 9, 2007). 16Letter from Fred Fielding, Counsel to the President, to Patrick Leahy, Chairman, S. Comm. 

on the Judiciary, John Conyers, Jr., Chairman, H. Comm. on the Judiciary, Lamar Smith, Ranking Member, H. Comm. on the Judiciary, and Linda Sa ́nchez, Chair, Subcomm. on Commercial 

and Admin. Law (Mar. 20, 2007). 17 Id. 18 Id. 19Meeting to Consider Subpoena Authorization Concerning the Recent Termination of United 

States Attorneys and Related Subjects Before the Subcomm. on Commercial and Admin. Law of 

the H. Comm. on the Judiciary, 110th Cong. (2007). In addition, the Subcommittee authorized 

Chairman Conyers to issue a subpoena for D. Kyle Sampson, former Chief of Staff to the Attorney General. Mr. Sampson has thus far voluntarily cooperated with the Committee’s investigation. 20Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, to Fred Fielding, Counsel to the President 

(Mar. 9, 2007); Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda 

Sa ́nchez, Chair, Subcomm. on Commercial and Admin. Law, to Fred Fielding, Counsel to the 

President (Mar. 22, 2007); Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, 

and Patrick Leahy, Chairman, S. Comm. on the Judiciary, to Fred Fielding, Counsel to the 

President (Mar. 28, 2007); and Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sa ́nchez, Chair, Subcomm. on Commercial and Admin. Law, to Fred Fielding, 

spect to Mr. Rove, and the ruling was sustained by CAL Subcommittee Members in a recorded vote of 7-1.14

B. Requests for Information from the White House and Subpoena 

Issued to Karl Rove 

Because Mr. Rove was considered a central witness who could 

provide information that is unavailable through any other source, 

in March 2007 Chairman John Conyers, Jr. and CAL Subcommittee Chair Linda Sa ́nchez sought Mr. Rove’s voluntary compliance with the Committee’s investigation, along with that of other 

witnesses, by letter to White House Counsel Fred Fielding.15

In response, Mr. Fielding explained that he was prepared to 

make Mr. Rove and other White House officials available for interviews with the House and Senate Judiciary Committees on a joint 

basis; but his offer was conditioned on various preconditions and 

scope restrictions.16 Mr. Fielding’s offer required that the interviews be confined to ‘‘the subject of (a) communications between 

the White House and persons outside the White House concerning 

the request for resignations of the U.S. Attorneys in question; and 

(b) communications between the White House and Members of Congress concerning those requests.’’ 17 Questioning on internal White 

House discussions of any kind, by personnel at any level, would not 

be allowed. In addition, Mr. Fielding required that the interviews 

‘‘be private and conducted without the need for an oath, transcript, 

subsequent testimony, or the subsequent issuance of subpoenas.’’ 18

In other words, no matter what might be revealed, no other testimony or documents could be requested from the White House. 

On March 21, 2007, the CAL Subcommittee authorized Chairman Conyers to issue subpoenas to Karl Rove and other present 

and former White House officials to obtain testimony and documents.19 Both before and after March 21, letters were exchanged 

between the Committee and the White House to seek to resolve voluntarily the Committee’s requests for information from the White 

House; but those efforts were not successful. Committee letters 

(one of which was sent jointly with Senate Judiciary Committee 

Chairman Leahy) included letters of March 9, March 22, March 28, 

and May 21, 2007.20


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Counsel to the President (May 21, 2007). All of these letters are on file with the House Committee on the Judiciary. 21Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, Artur Davis, member, H. Comm. on the Judiciary, and Tammy Baldwin, member, H. Comm. on the Judiciary, to Karl Rove (Apr. 17, 2008). 22Letter from Robert Luskin, counsel to Karl Rove, to John Conyers, Jr., Chairman, H. Comm. 

on the Judiciary (Apr. 29, 2008). 23Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, Artur Davis, member, H. Comm. on the Judiciary, and Tammy Baldwin, member, H. Comm. on the Judiciary, to Robert Luskin, counsel to 

Karl Rove (May 1, 2008). 24Letter from Robert Luskin, counsel to Karl Rove, to John Conyers, Jr., Chairman, H. Comm. 

on the Judiciary (May 9, 2008). 25Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, Artur Davis, member, H. Comm. on the Judiciary, and Tammy Baldwin, member, H. Comm. on the Judiciary, to Robert Luskin, counsel to 

Karl Rove (May 14, 2008). 26Letter from Robert Luskin, counsel to Karl Rove, to John Conyers, Jr., Chairman, H. Comm. 

on the Judiciary (May 21, 2008). 27Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, to Robert Luskin, counsel to Karl Rove (June 

16, 2008). 28Letter from Robert Luskin, counsel to Karl Rove, to John Conyers, Jr., Chairman, H. Comm. 

on the Judiciary (May 21, 2008). 

As the Committee’s investigation proceeded and as additional allegations and information emerged, Chairman Conyers, CAL Subcommittee Chair Sa ́nchez, and Committee Members Artur Davis 

and Tammy Baldwin wrote to Mr. Rove on April 17, 2008, asking 

that he voluntarily testify on the alleged politicization of the Justice Department, including the termination of U.S. Attorneys in 

2006, allegations of selective prosecution, and related issues.21 On 

April 29, 2008, Robert Luskin, who represents Karl Rove, offered 

to make Mr. Rove available for an interview only on the Siegelman 

matter, which would neither be under oath nor transcribed.22 Committee Members responded on May 1 by rejecting Mr. Luskin’s 

offer and requesting that Mr. Rove reconsider his decision not to 

testify voluntarily.23 On May 9, Mr. Luskin offered that Mr. Rove 

respond to written questions and only with respect to the 

Siegelman prosecution.24 Committee Members responded in a May 

14 letter rejecting Mr. Luskin’s offer and reiterating that Mr. Rove 

should testify on the politicization in the Department, including 

such matters as the U.S. Attorney firings as well as the Siegelman 

case.25 On May 21, Mr. Luskin restated the two offers in his April 

29 and May 9 letters.26 Because of Mr. Rove’s refusal to testify voluntarily about the politicization of the Department, Chairman Conyers issued a subpoena to Mr. Rove on May 22, pursuant to the 

previous authorization, directing him to appear before the CAL 

Subcommittee on July 10. 

Subsequently, Committee staff had several discussions with Mr. 

Luskin in which he offered to have Mr. Rove interviewed without 

a transcript or oath, but without prejudice to the Committee’s right 

to pursue its subpoena for sworn testimony. However, such an 

interview would be limited to questions concerning the Siegelman 

matter. Chairman Conyers and CAL Subcommittee Chair Sa ́nchez 

wrote to Mr. Luskin to express their encouragement about the offer 

that Mr. Rove be interviewed without prejudice, but reiterated that 

Mr. Rove should be prepared to answer questions about the entire 

issue of politicization as described above and would be expected to 

appear on July 10 to do so.27 On July 1, Mr. Luskin indicated that 

Mr. Rove would decline to appear before the CAL Subcommittee.28


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29Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, to Robert Luskin, counsel to Karl Rove (July 

3, 2008). 30Letter from Robert Luskin, counsel to Karl Rove, to John Conyers, Jr., Chairman, H. Comm. 

on the Judiciary (July 9, 2008). 31Letter from Fred Fielding, Counsel to the President, to Robert Luskin, counsel to Karl Rove 

(July 9, 2008). 32The Politicization of the Justice Department and Allegations of Selective Prosecution: Hearing Before the Subcomm. on Commercial and Admin. Law of the H. Comm. on the Judiciary, 

110th Cong. (2008). 33Letter from John Conyers, Jr., Chairman, H. Comm. on the Judiciary, and Linda Sa ́nchez, 

Chair, Subcomm. on Commercial and Admin. Law, to Robert Luskin, counsel to Karl Rove (July 

10, 2008). 34 Id. 35Letter from Robert Luskin, counsel to Karl Rove, to John Conyers, Jr., Chairman, H. Comm. 

on the Judiciary (July 29, 2008). 36Letter from Lamar Smith, Ranking Member, H. Comm. on the Judiciary, to Robert Luskin, 

counsel to Karl Rove (July 15, 2008). 37Letter from Robert Luskin, counsel to Karl Rove, to Lamar Smith, Ranking Member, H. 

Comm. on the Judiciary (July 22, 2008). 38 U.S. Const. art. I, § 5, cl. 2. 

On July 3, Chairman Conyers and CAL Subcommittee Chair 

Sa ́nchez wrote to Mr. Luskin urging Mr. Rove to reconsider his position and to appear pursuant to his legal obligations.29 On July 9, 

Mr. Luskin confirmed that Mr. Rove would not appear, and attached a July 9 letter from White House Counsel Fred Fielding, an 

Office of Legal Counsel (OLC) letter regarding Mr. Rove dated August 1, 2007, and an OLC letter regarding Ms. Miers dated July 

10, 2007.30 According to Mr. Fielding’s letter, Mr. Rove has ‘‘constitutional immunity . . . because Mr. Rove was an immediate 

presidential adviser and because the Committee seeks to question 

him regarding matters that arose during his tenure and that relate 

to his official duties in that capacity.’’ 31

On July 10, 2008, the CAL Subcommittee met as scheduled, and 

Mr. Rove in fact failed to appear. At that meeting, CAL Subcommittee Chair Sa ́nchez issued a ruling that rejected the immunity claims with respect to Mr. Rove, and the CAL Subcommittee, 

by a vote of 7 to 1, sustained that ruling.32 The ruling specifically 

covered Mr. Rove’s refusal to appear as required by the subpoena 

issued to him. Chairman Conyers and CAL Subcommittee Chair 

Sa ́nchez sent Mr. Rove’s counsel a letter enclosing a copy of the 

ruling, and again urging compliance and warning of the possibility 

of contempt.33 The letter also requested that Mr. Rove’s counsel notify the Committee by July 16 as to whether Mr. Rove would comply with the subpoena.34 On July 29, 2008, Mr. Rove’s attorney 

wrote to Chairman Conyers , indicating that Mr. Rove would not 

comply with the subpoena but urging the Committee not to proceed 

with contempt.35

On July 15, 2008, Judiciary Committee Ranking Member Lamar 

Smith sent a letter and a set of questions regarding the Siegelman 

matter to Mr. Rove’s counsel.36 Mr. Rove’s counsel provided Ranking Member Smith with written answers to those questions on July 

22.37

II. AUTHORITY AND LEGISLATIVE PURPOSE

The Committee on the Judiciary is a standing Committee of the 

House of Representatives, duly established pursuant to the Rules 

of the House of Representatives, which are adopted pursuant to the 

Rulemaking Clause of the Constitution.38 House Rule X grants to 

the Committee legislative and oversight jurisdiction over, inter 


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39 House Rule X(1)(k)(1) and (7); House Rule X(2)(b)(1)(A)-(C). 40 House Rule XI(2)(m)(1)(B). 41 House Rule XI(2)(m)(3)(A)(i). 

alia, ‘‘judicial proceedings, civil and criminal,’’ and ‘‘criminal law 

enforcement’’; the ‘‘application, administration, execution, and effectiveness of laws and programs addressing subjects within its jurisdiction’’; the ‘‘organization and operation of Federal agencies and 

entities having responsibilities for the administration and execution of laws and programs addressing subjects within its jurisdiction’’; and ‘‘any conditions or circumstances that may indicate the 

necessity or desirability of enacting new or additional legislation 

addressing subjects within its jurisdiction.’’ 39

House Rule XI specifically authorizes the Committee and its subcommittees to ‘‘require, by subpoena or otherwise, the attendance 

and testimony of such witnesses and the production of such books, 

records, correspondence, memoranda, papers, and documents as it 

considers necessary.’’ 40 The Rule also provides that the ‘‘power to 

authorize and issue subpoenas’’ may be delegated to the Committee 

chairman.41 The subpoenas discussed in this report were issued 

pursuant to this authority. 

The investigation into the alleged politicization of the Justice Department, including the termination of U.S. Attorneys in 2006, allegations of selective prosecution, and related issues, is being undertaken pursuant to the authority delegated to the Committee under 

Rule X as described above. The oversight and legislative purposes 

of this investigation fall into two related categories: 1) investigating 

and exposing any possible malfeasance, abuse of authority, or violation of existing law on the part of the Executive Branch related to 

these concerns, and 2) considering whether the conduct uncovered 

may warrant additions or modifications to existing Federal law, 

such as more clearly prohibiting the kinds of improper political interference with prosecutorial decisions as have been alleged here. 

HEARINGS

In its investigation into the alleged politicization of the Justice 

Department, including the termination of U.S. Attorneys in 2006, 

allegations of selective prosecution, and related issues, the CAL 

Subcommittee held 6 days of hearings, on March 6, March 29, May 

3, June 21, July 12, 2007, and July 10, 2008. In addition, the Subcommittee on Crime, Terrorism and Homeland Security and the 

CAL Subcommittee held 2 days of joint hearings on October 23, 

2007 and May 14, 2008. The full Committee held 2 days of hearings, on May 10 and May 23, 2007. More discussion of these hearings is contained in the background section of this Report. 

COMMITTEE CONSIDERATION

On July 30, 2008, the Committee met in open session and ordered this Report favorably reported, without amendment, by a 

vote of 20 to 14, a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

recorded votes took place: 


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1. On ordering this Report favorably reported, without amendment. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman .......................................................................................................

Mr. Boucher ....................................................................................................... X 

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Delahunt ..................................................................................................... X 

Mr. Wexler .........................................................................................................

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Ms. Sutton ......................................................................................................... X 

Mr. Gutierrez ..................................................................................................... X 

Mr. Sherman .....................................................................................................

Ms. Baldwin ...................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ........................................................................................................... X 

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ...................................................................................... X 

Mr. Coble ........................................................................................................... X 

Mr. Gallegly .......................................................................................................

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................

Mr. Lungren ....................................................................................................... X 

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence ..........................................................................................................

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 20 14 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this Report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this Report does not provide new 

budgetary authority or increased tax expenditures. 


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COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee believes that the cost incurred in carrying out the Report will be negligible. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the Report will assist 

the Committee and the House of Representatives in vindicating 

Congress’s responsibility to conduct appropriate oversight of the 

Executive Branch and vindicating the rule of law. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this Report in article 1, section 1 of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, this Report does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of Rule XXI. 


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ADDITIONAL VIEWS OF CHAIRMAN CONYERS AND

SUBCOMMITTEE CHAIR SA ́ NCHEZ


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rfrederick on PROD1PC67 with HEARINGJUDDV-9.eps
19 


rfrederick on PROD1PC67 with HEARINGJUDDV-10.eps
20 


rfrederick on PROD1PC67 with HEARINGJUDDV-11.eps
21 


rfrederick on PROD1PC67 with HEARINGJUDDV-12.eps
22 


rfrederick on PROD1PC67 with HEARINGJUDDV-13.eps
23 


rfrederick on PROD1PC67 with HEARINGJUDDV-14.eps
24 


rfrederick on PROD1PC67 with HEARINGJUDDV-15.eps
25 


rfrederick on PROD1PC67 with HEARINGJUDDV-16.eps
26 


rfrederick on PROD1PC67 with HEARINGJUDDV-17.eps
27 


rfrederick on PROD1PC67 with HEARINGJUDDV-18.eps
28 


rfrederick on PROD1PC67 with HEARINGJUDDV-19.eps
29 


rfrederick on PROD1PC67 with HEARINGJUDDV-20.eps
30 


rfrederick on PROD1PC67 with HEARINGJUDDV-21.eps
31 


rfrederick on PROD1PC67 with HEARINGJUDDV-22.eps
32 


rfrederick on PROD1PC67 with HEARINGJUDDV-23.eps
33 


rfrederick on PROD1PC67 with HEARINGJUDDV-24.eps
34 


rfrederick on PROD1PC67 with HEARINGJUDDV-25.eps
35 


rfrederick on PROD1PC67 with HEARINGJUDDV-26.eps
36 


rfrederick on PROD1PC67 with HEARINGJUDDV-27.eps
37 


rfrederick on PROD1PC67 with HEARINGJUDDV-28.eps
38 


rfrederick on PROD1PC67 with HEARINGJUDDV-29.eps
39 


rfrederick on PROD1PC67 with HEARINGJUDDV-30.eps
40 


rfrederick on PROD1PC67 with HEARINGJUDDV-31.eps
41 


rfrederick on PROD1PC67 with HEARINGJUDDV-32.eps
42 

MINORITY VIEWS


rfrederick on PROD1PC67 with HEARINGJUDRV-1.eps
43 


rfrederick on PROD1PC67 with HEARINGJUDRV-2.eps
44 


rfrederick on PROD1PC67 with HEARINGJUDRV-3.eps
45 


rfrederick on PROD1PC67 with HEARINGJUDRV-4.eps
46 


rfrederick on PROD1PC67 with HEARINGJUDRV-5.eps
47 


rfrederick on PROD1PC67 with HEARINGJUDRV-6.eps
48 


rfrederick on PROD1PC67 with HEARINGJUDRV-7.eps
49 


rfrederick on PROD1PC67 with HEARINGJUDRV-8.eps
50 


rfrederick on PROD1PC67 with HEARINGJUDRV-9.eps
51 


rfrederick on PROD1PC67 with HEARINGJUDRV-10.eps
52 


rfrederick on PROD1PC67 with HEARINGJUDRV-11.eps
53 


rfrederick on PROD1PC67 with HEARINGJUDRV-12.eps
54 


rfrederick on PROD1PC67 with HEARINGJUDRV-13.eps
55 


rfrederick on PROD1PC67 with HEARINGJUDRV-14.eps
56 


rfrederick on PROD1PC67 with HEARINGJUDRV-15.eps
57 


rfrederick on PROD1PC67 with HEARINGJUDRV-16.eps
58 


rfrederick on PROD1PC67 with HEARINGJUDRV-17.eps
59 


rfrederick on PROD1PC67 with HEARINGJUDRV-18.eps
60 


rfrederick on PROD1PC67 with HEARINGJUDRV-19.eps
61 


rfrederick on PROD1PC67 with HEARINGJUDRV-20.eps
62 


rfrederick on PROD1PC67 with HEARINGJUDRV-21.eps
63 


rfrederick on PROD1PC67 with HEARINGJUDRV-22.eps
64 


rfrederick on PROD1PC67 with HEARINGJUDRV-23.eps
65 


rfrederick on PROD1PC67 with HEARINGJUDRV-24.eps
66 


rfrederick on PROD1PC67 with HEARINGJUDRV-25.eps
67 


rfrederick on PROD1PC67 with HEARINGJUDRV-26.eps
68 


rfrederick on PROD1PC67 with HEARINGJUDRV-27.eps
69 


rfrederick on PROD1PC67 with HEARINGJUDRV-28.eps
70 


rfrederick on PROD1PC67 with HEARINGJUDRV-29.eps
71 


rfrederick on PROD1PC67 with HEARINGJUDRV-30.eps
72 


rfrederick on PROD1PC67 with HEARINGJUDRV-31.eps
73 


rfrederick on PROD1PC67 with HEARINGJUDRV-32.eps
74 


rfrederick on PROD1PC67 with HEARINGJUDRV-33.eps
75 


rfrederick on PROD1PC67 with HEARINGJUDRV-34.eps
76 


rfrederick on PROD1PC67 with HEARINGJUDRV-35.eps
77 


rfrederick on PROD1PC67 with HEARINGJUDRV-36.eps
78 


rfrederick on PROD1PC67 with HEARINGJUDRV-37.eps
79 


rfrederick on PROD1PC67 with HEARINGJUDRV-38.eps
80 


rfrederick on PROD1PC67 with HEARINGJUDRV-39.eps
81 


rfrederick on PROD1PC67 with HEARINGJUDRV-40.eps
82 


rfrederick on PROD1PC67 with HEARINGJUDRV-41.eps
83 


rfrederick on PROD1PC67 with HEARINGJUDRV-42.eps
84 


rfrederick on PROD1PC67 with HEARINGJUDRV-43.eps
85 


rfrederick on PROD1PC67 with HEARINGJUDRV-44.eps
86 


rfrederick on PROD1PC67 with HEARINGJUDRV-45.eps
87 

APPENDIX A 


rfrederick on PROD1PC67 with HEARINGJUDRVA.eps
88 

APPENDIX B 


rfrederick on PROD1PC67 with HEARINGJUDRVB-1.eps
89 


rfrederick on PROD1PC67 with HEARINGJUDRVB-2.eps
90 


rfrederick on PROD1PC67 with HEARINGJUDRVB-3.eps
91 


rfrederick on PROD1PC67 with HEARINGJUDRVB-4.eps
92 


rfrederick on PROD1PC67 with HEARINGJUDRVB-5.eps
93 


rfrederick on PROD1PC67 with HEARINGJUDRVB-6.eps
94 


rfrederick on PROD1PC67 with HEARINGJUDRVB-7.eps
95 


rfrederick on PROD1PC67 with HEARINGJUDRVB-8.eps
96 


rfrederick on PROD1PC67 with HEARINGJUDRVB-9.eps
97 

APPENDIX C 


rfrederick on PROD1PC67 with HEARINGJUDRVC-1.eps
98 


rfrederick on PROD1PC67 with HEARINGJUDRVC-2.eps
99 


rfrederick on PROD1PC67 with HEARINGJUDRVC-3.eps
100 


rfrederick on PROD1PC67 with HEARINGJUDRVC-4.eps
101 


rfrederick on PROD1PC67 with HEARINGJUDRVC-5.eps
102 


rfrederick on PROD1PC67 with HEARINGJUDRVC-6.eps
103 


rfrederick on PROD1PC67 with HEARINGJUDRVC-7.eps
104 


rfrederick on PROD1PC67 with HEARINGJUDRVC-8.eps
105 


rfrederick on PROD1PC67 with HEARINGJUDRVC-9.eps
106 


rfrederick on PROD1PC67 with HEARINGJUDRVC-10.eps
107 


rfrederick on PROD1PC67 with HEARINGJUDRVC-11.eps
108 


rfrederick on PROD1PC67 with HEARINGJUDRVC-12.eps
109 


rfrederick on PROD1PC67 with HEARINGJUDRVC-13.eps
110 


rfrederick on PROD1PC67 with HEARINGJUDRVC-14.eps
111 


rfrederick on PROD1PC67 with HEARINGJUDRVC-15.eps
112 


rfrederick on PROD1PC67 with HEARINGJUDRVC-16.eps
113 


rfrederick on PROD1PC67 with HEARINGJUDRVC-17.eps
114 


rfrederick on PROD1PC67 with HEARINGJUDRVC-18.eps
115 


rfrederick on PROD1PC67 with HEARINGJUDRVC-19.eps
116 


rfrederick on PROD1PC67 with HEARINGJUDRVC-20.eps
117 


rfrederick on PROD1PC67 with HEARINGJUDRVC-21.eps
118 


rfrederick on PROD1PC67 with HEARINGJUDRVC-22.eps
119 


rfrederick on PROD1PC67 with HEARINGJUDRVC-23.eps
120 


rfrederick on PROD1PC67 with HEARINGJUDRVC-24.eps
121 


rfrederick on PROD1PC67 with HEARINGJUDRVC-25.eps
122 


rfrederick on PROD1PC67 with HEARINGJUDRVC-26.eps
123 


rfrederick on PROD1PC67 with HEARINGJUDRVC-27.eps
124 


rfrederick on PROD1PC67 with HEARINGJUDRVC-28.eps
125 


rfrederick on PROD1PC67 with HEARINGJUDRVC-29.eps
126 


rfrederick on PROD1PC67 with HEARINGJUDRVC-30.eps
127 

APPENDIX D 


rfrederick on PROD1PC67 with HEARINGJUDRVD-1.eps
128 


rfrederick on PROD1PC67 with HEARINGJUDRVD-2.eps
129 


rfrederick on PROD1PC67 with HEARINGJUDRVD-3.eps
130 


rfrederick on PROD1PC67 with HEARINGJUDRVD-4.eps
131 


rfrederick on PROD1PC67 with HEARINGJUDRVD-5.eps
132 


rfrederick on PROD1PC67 with HEARINGJUDRVD-6.eps
133 


rfrederick on PROD1PC67 with HEARINGJUDRVD-7.eps
134 


rfrederick on PROD1PC67 with HEARINGJUDRVD-8.eps
135 


rfrederick on PROD1PC67 with HEARINGJUDRVD-9.eps
136 

APPENDIX E 


rfrederick on PROD1PC67 with HEARINGJUDRVE-1.eps
137 


rfrederick on PROD1PC67 with HEARINGJUDRVE-2.eps
138 

Æ 


rfrederick on PROD1PC67 with HEARINGJUDRVE-3.eps