"Adair and others at Genwal may have purposely misled MSHA about the severity of the March bump, fearing MSHA would close the mine, and continued to adhere to the mischaracterization after the August incidents in an effort to downplay the foreseeability of the August incident," according to the committee's report.

"I think it's appropriate for the U.S. attorney to review this case, and if the evidence warrants, take action to hold people accountable," Rep. Jim Matheson, D-Utah, said in a statement. "The families whose loved ones lie entombed in the mountain deserve answers. Miners who go underground every day deserve to work under the safest possible conditions."

The committee's top-ranking Republican, Howard "Buck" McKeon, also of California, said Congress has final oversight over federal agencies but cautioned against reading too much into Miller's call for investigation, with MSHA yet to complete its final investigation. McKeon said there will not be a "complete picture" of what actually went on at the mine until MSHA issues its findings.<

"When Congress seeks to exercise investigatory power in the immediate aftermath of an accident, even before official investigations are complete, it raises serious questions," McKeon said, adding that "one misstep by Congress could inadvertently jeopardize our ability to uncover the truth or properly assign responsibility.

"Today's report unfortunately offers little in the way of new information to the families of those who lost their lives at Crandall Canyon," McKeon said.

Adair's attorney, Gregory Poe, said the criminal investigation request is "deeply disappointing and utterly unjustified."

"The facts will show that Mr. Adair's conduct was entirely proper," Poe said. "We are confident that the Justice Department will agree that a prosecution is wholly unwarranted."

Adair invoked his Fifth Amendment rights when asked to talk with the committee during its investigation, as did Bob Murray, president of Murray Energy, and Bruce Hill, president of UtahAmerican.

MSHA spokesman Matthew Faraci said the official MSHA investigation will determine the accident's cause. "Until this report is released, it would be premature and speculative to comment on Congressman Miller's review."

Colin King, an attorney representing six of the victims and two others injured during rescue attempts, said he welcomed Thursday's report and its conclusions, saying it supports allegations in a lawsuit the families filed one month ago in 3rd District Court.

The call for a criminal investigation indicates the mine owners' and operators' conduct was "even worse than negligent, because they had plenty of warning and clear indications that if they continued that same retreat mining plan that caused the bounce in March that this was going to happen again, and that it did happen," King said.

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E-mail: suzanne@desnews.com; sfidel@desnews.com