Judiciary Chair of the House of Representatives John Conyers responds to a letter from the attorney representing former White House Counsel (and one-time Supreme Court nominee) Harriet Miers informing the committee that she has been instructed not to appear:
A congressional subpoena, such as the one issued to Ms. Miers, carries with it two obligations: the obligation to appear, and the obligation to testify and/or produce documents. Even if a witness intends to assert privilege in response to a subpoena, that intention to assert privilege does not obviate the obligation to appear.
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A refusal to appear before the Subcommittee tomorrow could subject Ms. Miers to contempt proceedings, including but not limited to proceedings under 2 U.S.C. § 194 and under the inherent contempt authority of the House of Representatives.