Judge criticizes Congress, White House

By Thomas Ferraro

WASHINGTON (Reuters) - A federal judge criticized the White House and Congress on Monday for failing to resolve differences in a probe of fired U.S. prosecutors, accusing both sides of stubbornness and even some "silliness."

"Both sides have shown a little bit of intransigence," U.S. District Judge John Bates said during a hearing on a request that he order a former and a current top aide to President George W. Bush to comply with congressional subpoenas.

Bates said there had been some "silliness ... on both sides" in months of efforts by Congress and the White House to find common ground.

Irvin Nathan, a chief lawyer for the House of Representatives, told Bates, "Congress needs the facts," and said the Bush administration had refused to budge in talks aimed at getting requested testimony or documents from White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers.

Carl Nichols, a Justice Department attorney, said senior White House aides had immunity from being compelled to testify in order to protect confidential advice they provide a president.

Nichols also told the judge that if he directed them to engage in further talks, "We would do so."

Bates peppered the two lawyers with questions during a three-hour hearing on a House Judiciary Committee lawsuit filed in March.

The lawsuit charges that Bolten and Miers, cited by the House for contempt of Congress, defied subpoenas by refusing to testify or provide documents in an investigation into the administration's 2006 firing of nine of the 93 U.S. attorneys.

It marked the first time the House or the Senate had filed a lawsuit to enforce a subpoena aimed at the White House.

Disclosure of the ousters triggered a firestorm of criticism, prompted charges the dismissals were politically motivated and were followed by the resignations of a number of top Justice Department officials, including Alberto Gonzales as U.S. attorney general.

The lawsuit set up a showdown between the Democratic-led Congress and the White House over their powers, but may not be resolved until after Bush leaves office in January.

Bates promised to try to render a decision as soon as possible, but noted that whatever he rules may be appealed.

(Editing by Peter Cooney)