Attorney General Michael B. Mukasey refused yesterday to refer two new House contempt citations to a federal grand jury, saying the White House aides involved in the case cannot be prosecuted because they were following legal advice from the Justice Department.
In a letter to House Speaker Nancy Pelosi (D-Calif.), Mukasey said the refusal by White House Chief of Staff Joshua B. Bolten and former presidential counsel Harriet E. Miers to comply with congressional subpoenas "did not constitute a crime."
The department "will not bring the congressional contempt citations before a grand jury or take any other action to prosecute Mr. Bolten or Ms. Miers," Mukasey wrote...
Representative Pelosi responded that she would have stuck her tongue out at them, but such response would have been improper, so she sent them both a fruit tray instead.
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