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Rove, Miers to testify on Justice firings

An agreement with the White House ends an impasse over Bush's immunity claim.

WASHINGTON - Karl Rove and Harriet Miers, two of former President George W. Bush's top aides, will be questioned by a congressional panel under oath in private about the firing of nine U.S. attorneys, breaking an impasse over their testimony.

The House Judiciary Committee announced an agreement yesterday to question Miers, a former White House counsel, and Rove, Bush's former top political adviser. The panel also will get White House documents on the politically explosive 2006 firings.

The deal was reached with attorneys for President Obama, the lawmakers said in a statement. Bush had invoked executive privilege in refusing to allow his aides to be questioned under oath.

Both the White House and lawmakers were leery of having a judge settle the question about the limits of executive privilege, for fear of losing.

House Judiciary Chairman John Conyers Jr. (D., Mich.) said he was "determined to have it known whether U.S. attorneys" were "fired for political reasons, and if so, by whom."

U.S. District Judge John Bates last year rejected Bush's assertion that his aides were immune from congressional subpoena and ordered Miers to appear. The Bush administration had appealed the decision.

Since Bush left office, the Judiciary Committee has negotiated with a Bush representative, Emmet Flood, and the White House counsel's office.

Rove's lawyer, Robert Luskin, called the agreement "good news" and said his client "looks forward to addressing the committee's concerns." Miers' attorney, George T. Manning, did not immediately return a call seeking comment, but previously said his client would abide by any agreement reached between the committee and the White House.

Under the deal, the committee reserves the right to force Rove and Miers to answer questions in public. It also could call former White House lawyer William Kelley, who had participated in the decisions to replace the U.S. attorneys.

The committee will probably make the testimony transcripts public, a committee aide told the Associated Press.

White House counsel Greg Craig said in a statement that the agreement "will allow the committee to complete its investigation." He said Obama was "pleased that the parties have agreed to resolve this matter amicably."

The firings had prompted House and Senate investigations over whether U.S. attorneys were ousted for improper political reasons, such as to spur investigations of Democrats or protect Republicans from prosecution.

The controversy forced Attorney General Alberto R. Gonzales to resign after the disclosure that he acquiesced in decisions by other political appointees in the White House and the Justice Department to dismiss the prosecutors.

A report by the Justice Department's inspector general found that Gonzales had abdicated his responsibility by not taking a more active rule in the personnel decisions.

Former Attorney General Michael B. Mukasey named a special prosecutor in September to investigate whether Gonzales, other Bush administration officials or Republicans in Congress should face criminal charges in the firings.

This article includes information from the Associated Press.