Oooh, nuance!

President Bush's refusal to let two confidants provide information to Congress about fired federal prosecutors represents the most expansive view of executive privilege since Watergate, the House Judiciary Committee told a federal judge Thursday.

Lawyers for the Democratic-led panel argued in court documents that Bush's chief of staff, Josh Bolten, and former White House counsel Harriet Miers are not protected from subpoenas last year that sought information about the dismissals.

The legal filing came in lawsuit that pits the legislative branch against the executive in a fight over a president's powers.

The committee is seeking the testimony as it tries to make a case that the White House directed the firing of nine U.S. attorneys because they were not supportive enough of Republicans' political agenda.

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"Not since the days of Watergate have the Congress and the federal courts been confronted with such an expansive view of executive privilege as the one asserted by the current presidential administration and the individual defendants in this case," according to the House's filing.

The idea that Miers could disregard an order to appear at a hearing simply at the president's request suggests a return to the sentiment expressed in Nixon's statement, as quoted in a 1977 New York Times interview, that "when the president does it, that means that it is not illegal," the House lawyers wrote.

WASHINGTON (AP) — Bush administration officials from Vice President Dick Cheney on down signed off on using harsh interrogation techniques against suspected terrorists after asking the Justice Department to endorse their legality, The Associated Press has learned.

The officials also took care to insulate President Bush from a series of meetings where CIA interrogation methods, including waterboarding, which simulates drowning, were discussed and ultimately approved.

The F.B.I. has come under fire for its use of so-called national security letters to inappropriately gather records on Americans in terrorism investigations, but details have not previously been disclosed about its use of “blanket” warrants, a one-step operation used to justify the collection of hundreds of phone and e-mail records at a time.

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By 2006, F.B.I. officials began learning that the bureau had issued thousands of “exigent” or emergency records demands to phone providers in situations where no life-threatening emergency existed, according to the account of Mr. Youssef, who worked with the phone companies in collecting records in terrorism investigations. In these situations, the F.B.I. had promised the private companies that the emergency records demands would be followed up with formal subpoenas or properly processed letters, but often, the follow-up material never came.

This created a backlog of records that the F.B.I. had obtained without going through proper procedures. In response, the letter said, the F.B.I. devised a plan: rather than issuing national security letters retroactively for each individual investigation, it would issue the blanket letters to cover all the records obtained from a particular phone company.

The Justice Department has reopened a long-dormant inquiry into the government's warrantless wiretapping program, a major policy shift only days into the tenure of Attorney General Michael Mukasey.

The investigation by the department's Office of Professional Responsibility was shut down last year, after the investigators were denied security clearances. Gonzales told Congress that President Bush, not he, denied the clearances.

"We recently received the necessary security clearances and are now able to proceed with our investigation," H. Marshall Jarrett, counsel for the OPR, wrote to Rep. Maurice Hinchey, D-N.Y. A copy of the letter, dated Tuesday, was obtained by The Associated Press.

Hinchey and other Democrats have long sought an investigation into the spying program to see if it complies with the law. Efforts to investigate the program have been rebuffed by the Bush administration.

"I am happily surprised," Hinchey said. "It now seems because we have a new attorney general the situation has changed. Maybe this attorney general understands that his obligation is not to be the private counsel to the president but the chief law enforcement officer for the entire country."

In response to Michael Mukasey's professed ignorance as to what waterboarding is, all eight Democrats on the Senate Judiciary Committee have sent Mukasey a detailed primer on the centuries-old torture technique. It includes some surprising historical details: did you know, for instance, that during the occupation of Japan, the U.S. prosecuted Japanese soldiers who waterboarded U.S. POWs?

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The Senators write, "Please respond to the following question: Is the use of waterboarding, or inducing the misperception of drowning, as an interrogation technique illegal under U.S. law, including treaty obligations?"