Burton demands Justice documents from Ashcroft

Burton complained about the Justice Department's "absolute, inflexible terms" on what documents it would share.

From Kate Snow
CNN Washington Bureau

WASHINGTON (CNN) -- The head of the House Government Reform Committee expressed "great concern" Wednesday that his committee has not been allowed more access to Justice Department documents under fellow Republican Attorney General John Ashcroft.

Rep. Dan Burton, R-Indiana, wants Ashcroft to provide access to specific Justice Department memos in three cases, all of which occurred during President Clinton's term in office.

Two of the cases involve matters that the Clinton Justice Department decided not to pursue. The other concerns the former head of a task force created under former Attorney General Janet Reno to investigate campaign fund-raising abuses.

"I have great confidence in the integrity and ability of you and your staff, and I am optimistic that the Department of Justice will not have the same problems which plagued it during the tenure of Attorney General Reno," Burton wrote in a 6 1/2-page letter to Ashcroft. "However, my personal confidence in you does not diminish the responsibility of this Committee to conduct vigorous oversight of the Department of Justice. Similarly, it does not lessen the Committee's need to obtain records from the Department."

The committee plans to hold a hearing on the subject next week and will invite Ashcroft to testify, a Burton aide told CNN. Justice Department officials acknowledged they had received a letter from Burton and were reviewing it, but declined to comment further.

Burton is famous for his sharp criticisms of Reno, but the letter marks the first time he has rebuked Ashcroft.

In his letter, Burton cited a meeting in late July with Assistant Attorney General Michael Chertoff. He said Chertoff informed him that the Justice Department, under Ashcroft's leadership, would not provide the Government Affairs Committee with "internal, deliberative materials," such as memos written by investigators to their superiors.

Burton says Chertoff's "position was cast in absolute, inflexible terms."

"Unfortunately, rather than meet me halfway -- as other administrations have done and as you yourself have demanded in the past -- you have elected to follow a course that makes Congress subservient to the Executive branch," Burton writes in the letter. "This I cannot accept."

An aide to Burton said the letter caps several months of behind-the-scenes bickering between committee staff and the Justice Department. But the letter came as a surprise to Democratic staffers on the committee. One Democratic aide was incredulous that Burton would attack Ashcroft, a fellow Republican.

"This is the kind of letter he would send regularly to the Clinton people," the Democratic aide said.

The aide said Burton used to accuse Reno of being President Clinton's "chief blocker" and said she "made a mockery of justice." Now, the aide said, Burton seems to be saying the same thing about Ashcroft.

Democrats on the committee were unaware of an ongoing dispute between Burton and Ashcroft regarding the documents in question, although they said the ranking Democrat -- California Rep. Henry Waxman -- had also had problems seeking information from the Bush Justice Department.