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Wednesday, May 16, 2007
Leahy and Specter to Justice: 'You ignored the subpoena'

Leahy accused the Justice Department of not cooperating with a subpoena Wednesday.

WASHINGTON (CNN) -- The Justice Department Wednesday told an angry Senate Judiciary Committee Chairman the Department does not have the documents demanded in his subpoena for all materials relating to Karl Rove's possible involvement in the U.S. Attorney firings, and that Rove's lawyer must have them.

The response from a top Justice Department official came just hours after Sen. Patrick Leahy, D-Vermont, and the panel's top Republican Sen. Arlen Specter, R-Pennsylvania, sent a blistering letter to Attorney General Alberto Gonzales for ignoring his Tuesday subpoena deadline.

"You ignored the subpoena, did not come forward today, did not produce the documents, and did not even offer an explanation for your noncompliance," the two Senators wrote. "The Committee intends to get to the truth," they said in a letter sent Tuesday night.

In response, a top Justice Department official responded Wednesday, insisting a further Justice Department search yielded only two documents, which were internal communications sent to Rove and others about a planned news conference in New Mexico by dismissed U.S. Attorney David Iglesias.

The newly released memo shows concern by Rove aide Scott Jennings about allegations Iglesias intended to make about receiving political pressure. Jennings told Rove and others he doubted "they can make an allegation such as this go away so easily."

In his subpoena Senator Leahy had demanded all documents in the possession of U.S. Attorney Patrick Fitzgerald who investigated Rove in connection with the disclosure of the identity of CIA operative Valerie Plame.

But Assistant Attorney General Richard Hertling, Gonzales' top link to the Congress, told Leahy a search was conducted and turned up nothing.

"None of those records are responsive to the Committee's subpoena. The electronic media was returned to Mr. Rove's counsel, Mr. Robert Luskin, in a sealed condition," Hertling said.

The Justice Department response was issued while Gonzales was in San Antonio, Texas addressing a closed meeting with all 93 of the nation's U.S. Attorneys. Although Gonzales' deputy Paul McNulty had informed the U.S. Attorneys meeting Monday he was resigning this summer, Justice officials gave no indication Gonzales signaled any intention of stepping down.

Contacted by CNN, Luskin said he only still has the images of Rove's hard drives dating back to Fitzgerald's search of the White House aide's various computers in April 2004, documents he says that pre-date the U.S. attorney matter and are not relevant to Leahy's request.

-- CNN's Terry Frieden and Ed Henry
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