In again denying Sen. Patrick Leahy (D-Vt.) and Rep. John Conyers Jr. (D-Mich.) access to former White House counsel Harriet Miers and an aide to Karl Rove, Sara Taylor, Fielding took issue with the tone that congressional investigators struck in recent correspondence.

The White House counsel prefaced his response with “a note of concern over your letter’s tone and apparent direction in dealing with a situation of this gravity.”

Fielding also said the only conclusion that can be reached from how the June 29 letter is worded is that “the committees have already prejudged the question” of whether Bush has the authority to assert executive privilege and whether the subpoenas should be enforced.

Democrats reacted with disappointment.

“While we remain willing to negotiate with the White House, they adhere to their unacceptable all-or-nothing position, and now will not even seek to properly justify their privilege claims,” Conyers said. “Contrary to what the White House may believe, it is the Congress and the Courts that will decide whether an invocation of Executive Privilege is valid, not the White House unilaterally.”

Fielding restated that President Bush is asserting executive privilege to deny the panels access to Miers and Taylor, but pointed out that an offer to make additional documents and access to key staffers available under certain conditions still stands.

The administration does not want to allow Miers, Taylor and others to testify under oath and does not want any conversation with investigators to be transcribed. Democrats have called those conditions unacceptable.