Rove skips House Judiciary deposition

John Bresnahan reports:

Former Bush adviser Karl Rove was a no-show today at his scheduled deposition deadline for the House Judiciary Committee's ongoing probe into the U.S. attorney firings -- setting up a major decision for President Obama on how to respond to congressional subpoenas.

Committee Chairman John Conyers (D-Mich.) subpeonaed Rove to find out what he knows about the Dec. 2006 firings which eventually toppled former Attorney General Alberto Gonzales.

When Rove was subpoenaed in 2007, President Bush asserted "absolute immunity" for his top aides, refusing to allow them even to appear before a congressional panel. House Democrats eventually sued, and won an initial legal victory. The Bush White House, through the Justice Dept., appealed the ruling, and when Bush left office in January 2009, the case was still undecided.

White House Counsel Greg Craig has urged the two sides to cut a deal, but Rove and his attorney, Robert Luskin, have kicked it back to the White House, saying it is up to them to assert executive privilege or not.

So the next big development will occur on March 4, when the Obama administration is scheduled to file a motion in federal appeals court laying out its position on the issue.

Glenn Thrush is senior staff writer at Politico Magazine.