Court says Bush aides can be subpoenaed

UPI ^ | 7-31-08

[STARWISE]

Top aides to U.S. President George Bush can be subpoenaed to testify before a congressional committee, a federal court in Washington ruled Thursday.

The U.S. District Court for the District of Columbia rejected White House arguments that former presidential counsel Harriet Miers and current Chief of Staff Josh Bolten have absolute immunity from testifying before Congress.

The House Judiciary Committee filed suit after the two, citing executive privilege, refused to testify in the committee's investigation into the firings of nine U.S. attorneys in 2006.

Regarding Miers's claim of absolute immunity, the court wrote, "The (executive branch's) current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law,"

[STARWISE]

They'll never stop.

[sauropod]

Does the DC District Court have authority to do this?

[STARWISE]

Judge John Bates bio

http://www.dcd.uscourts.gov/bates-bio.html

~~~~

Judge: Why Litigate When You Can Arrest?
By Kate Klonick - June 23, 2008, 6:35PM

In a motion hearing in federal court today, U.S. District Judge John Bates questioned why Congress didn’t simply arrest former White House counsel Harriet Miers and Chief of Staff Josh Bolten after both refused to respond to subpoenas issued by the House Judiciary Committee:

Congress has the authority to hold someone in contempt, U.S. District Judge John Bates said. Did it really need to go to court? House counsel Irvin Nathan said it did.

The hearing is the latest in an ongoing battle between Congress and the White House, to have senior aides testify about the U.S. attorney firings.

Bates also queried whether he should make a decision at all:

“Both sides have the same argument,” Bates said. “Whether I rule for the executive branch or I rule for the legislative branch, I’m going to disrupt the balance.”

Bates promised a quick decision, but noted the likelihood of appeal.

http://tpmmuckraker.talkingpointsmemo.com/2008/06/judge_why_litigate_when_you_can_arrest.php

[YOUGOTIT]

Then the executive branch should be able to subpoena the members of Congress and ask them about their support of al-Qaeda. And their treason in this support and many. many of the Democrats and a few RINOS are true Al-Qaeda supporters in the US Congress.

[DallasBiff]

This will probably go to SCOTUS.

[MCCRon58]

What a pitty that the Republicans wont have the testicular fortitude to do the same when the corruption and incompetence of the Obama administration becomes evident to all (save the MSM)

[Perdogg]

“The court said it did not address specific claims of executive privilege that Miers and Bolten may assert. “Nor should this decision discourage the process of negotiation and accommodation that most often leads to resolution of disputes between the political branches,” the opinion said.”

[compound w]

To be appealed and overturned, hopefully.

[sloop]

Regarding Miers's claim of absolute immunity, the court wrote, "The (executive branch's) current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law,"

you idiot - you (the court) was asked to decide what was lawful - not to determine if the law has already been decided in a past case - try again

[STARWISE]

Good thought.
Congress just can’t get control
over the Exec branch outta their brains.

[KoRn]

"Then the executive branch should be able to subpoena the members of Congress and ask them about their support of al-Qaeda."

I suppose it would also be within executive authority to carpet bomb the Capitol Building, as a part of a "police action", if the President so chooses. That might actually be a great idea!

[massgopguy]

No, nor does it understand the seperation of powers.

[jerod]

No worry there... The will be no Obama administration.

[yoe]

Why not focus on the Clinton administration's having "fired all 93 U.S. attorneys" when Janet Reno became attorney general in March 1993?

Fight back, call everyone you know, ask them to call their elected to stop this.....a smoke screen to take your eye off this horrid congress and Pelosi's led stalemate of No Drilling and the continued dependency of foreign oil.

[pabianice]

Let me guess... televised inquisition of Bush aids in October... right?

[tobyhill]

The administrations position was never absolute immunity from the subpoenas, it was what they had to testify to because they made available both Meirs and Bolten and even Rove. The court just ruled that they have to show up but can sit there and give no answers. All the administration has to do is appeal and the whole argument is over.

[yoe]

What a pity that the Republicans wont have the testicular fortitude to do the same when - with the corruption and incompetence.....of the Pelosi hiatus in National Security with the drilling for oil on our own soil.

[drjimmy]

Then the executive branch should be able to subpoena the members of Congress and ask them about their support of al-Qaeda.

The executive branch already has the power to do that. The Justice Department, for example, just indicted Alaska Senator Ted Stevens. You should write to attorney general Michael Mukasey and ask why he doesn't do what you're demanding.

[E. Pluribus Unum]

Subpoena all you want.

Nobody you subpoena is required to say Word One, and they should do exactly that.

The Scooter Libby Kangaroo Court occurred because he was dumb enough to cooperate.

Never talk to the police (or a prosecutor... or a congressional committee).

[yorkie01]

U.S. President Andrew Jackson ignored the U.S. Supreme Court ruling that Georgia had stolen Cherokee lands for the Cherokee Land when he said you made the law now enforce it. Ignore them executive branch. You are coequals in this government.