During a Senate Appropriations Subcommittee meeting on Sept. 5, Sen. Arlen Specter, R-Pa., said he had not ruled out issuing a subpoena to Murray. As of last week, there had been no movement on that subpoena.

Witness lists for next week's mine hearings have yet to be finalized.

The Labor Department had requested that Miller put off his investigation until MSHA has finished its own look at the accident, but Miller said it was the committee's "responsibility and obligation" to do its own investigation.

"The families of the miners who died and active miners all over the country deserve an objective and independent review of the tragedy that will help us to prevent future tragedies," Miller said.

But Rep. Howard "Buck" McKeon, R-Calif., the top Republican on the committee, encouraged Miller to consider MSHA's request, saying that "it serves no one's interests — particularly those of the miners and their families — if our Committee engages in any activity which might in any way compromise a legitimate federal investigation by the agency charged under the law with this undertaking."

McKeon asked Miller to outline the plans for the investigation, including what it specifically plans to do to "ensure that its activities do not compromise or prejudice MSHA's civil and criminal investigation."

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