Rep. Chris Cannon, a Utah Republican on the committee, voted with his fellow party members against passing a resolution calling for Rove to be held in contempt. Cannon dismissed the effort as "theater."

Cannon accused Democrats of trying to set up Rove for a potential jail sentence even though President Bush extended executive privilege to his former deputy chief of staff excluding him from testifying before the panel.

"So what's the point of holding Mr. Rove in contempt? There is none," Cannon said at the hearing. "It's all an attempt to selectively throw Karl Rove into a criminal-contempt docket."

Rove, who graduated from Olympus High and attended the University of Utah, was a top political adviser to Bush. Democrats insist he has not cleared up questions of political intervention in the firing of several U.S. attorneys and his involvement in the prosection of former Alabama Gov. Don Siegelman.

Judiciary Chairman John Conyers, D-Mich., said the committee needed to show that "our subpoenas are binding obligations, not optional invitations."

"Today's vote was an important statement by this committee," Conyers said, "that no person - not even Karl Rove - is above the law."

The resolution passed 20-14 along party lines but the House must back the action to actually put Rove in contempt. It's unclear whether House Speaker Nancy Pelosi, D-Calif., will bring it to a vote.

Cannon said there's no smoke, let alone a fire.

"As the renowned legal professor Stephen Presser reaffirmed for the committee just last week, there's no 'there' there," Cannon said. "There's no evidence of White House wrongdoing."

tburr@sltrib.com

Also Wednesday for Utah delegates

* Sens. Bob Bennett and Orrin Hatch, both Utah Republicans, voted against proceeding to a final vote on legislation that would help protect journalists from outing their sources. The Free Flow of Information Act - dubbed a federal shield law - would essentially keep judges from jailing reporters for withholding the identity of confidential sources except in situations involving national security or classified information. Not enough senators voted to proceed, leaving the bill in limbo.

* The National Republican Congressional Committee scolded Rep. Jim Matheson, D-Utah, for voting to take an August break while gas prices remain near $4. The NRCC sent news releases about Matheson and several other Democrats, complaining that they voted to take a monthlong break instead of staying in Washington to work on energy problems. The release's headline was "Matheson Takes Vacation, Leaves Families Who Can't Afford Gas Prices Stranded." Utah Republican Reps. Chris Cannon and Rob Bishop voted against the recently adopted adjournment resolution.