Cite Contempt Now
The White House has thrown the gauntlet. It has "leaked" that executive privilege excuses DoJ from enforcing contempt charges against anyone covered by privilege. What is very worrying is why this was put out publicly, and why now.
If the "run-out-the-clock" strategy was in play, the White House would wait for action by Congress, take its own sweet time responding, then announce, with sad but serious demeanor, that after careful deliberation and a close reading of applicable statute, it cannot satisfy Congress' "unconstitutional" demands. If contempt charges are brought before recess, the response would probably wait until Congress' return.
Or the WH would simply not act at all. Congress would send a letter to Gonzales, asking why DoJ hasn't enforced a citation. Gonzales takes even more time responding, letters go back and forth, and then the WH steps in, asserting blanket executive privilege and immunity from contempt.
Why test the question now? It's worrying, because it seems unnecessary. It invites speculation that the administration is planning some outrage, as Paul Craig Roberts asserts. It may be a ploy to get the case into the Supreme court before Congress acts on its own to impeach. Perhaps the White House feels confident the Supremes will support them, slowing investigations fatally, by excluding essentially all useful testimony.
Patrick Leahy should move summarily to employ inherent contempt, forcing it past the Court, directly to a test of will, with the arbiters being the DC police, who will end up detaining Ms. Miers, when the FBI recuses itself.




