. . . The vote represents the first overt step towards finding Bolten and Miers in criminal contempt of Congress. Next would come a vote of the entire House, followed by a referral to the U.S. attorney for the District of Columbia. But the Bush administration has made clear it intends to block prosecution of any contempt charges, arguing that a presidentially-appointed U.S. attorney cannot legally be forced by Congress to flout the president's determination that the materials and testimony sought are protected by executive privilege. . . . Brian A. Benczkowski, principal deputy assistant attorney general, wrote in a letter to lawmakers Monday that the Justice Department had a long-standing position, "articulated during administrations of both parties, that the criminal contempt of Congress statute does not apply to the president or presidential subordinates who assert executive privilege. The same assertion also applies to Miers, Benczkowski wrote.

Inherent contempt will be the process that can get anything done for the Congress now in the face of the Bush Administration's outrageous position that the court's can not rule on the President's executive privilege claim, stated in the OLC opinions relied upon by Bush.