|A federal judge puts the ixnay on otnay owingshay upyay in ongresscay... if you know what I mean...
WASHINGTON - President Bush’s top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in an unprecedented dispute between the two political branches.
House Democrats called the ruling a ringing endorsement of the principle that nobody is above the law.
In his ruling, U.S. District Judge John Bates said there’s no legal basis for Bush’s argument and that his former legal counsel, Harriet Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force testimony from White House chief of staff Joshua Bolten.
Oh boy... Judge Bates: meet "terrorist watch list..."
“Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena,” Bates wrote. He said that both Bolten and Miers must give Congress all non-privileged documents related to the firings.
The ruling is a blow to the Bush administration’s efforts to bolster the power of the executive branch at the expense of the legislative branch. The Bush administration argued it was immune from such subpoenas, arguing that Congress can't force them to testify or turn over documents.
The report goes on to quote Nancy Pelosi as saying Dems plan to "act quickly and call Miers and Bolton to testify before the House Judiciary Committee, where they can claim executive privilege in person.
“We look forward to the White House complying with this ruling and to scheduling future hearings with Ms. Miers and other witnesses who have relied on such claims,” Conyers said in a statement. “We hope that the defendants will accept this decision and expect that we will receive relevant documents and call Ms. Miers to testify in September.”
Bates, who was appointed to the bench by Bush, issued a 93-page opinion that strongly rejected the administration’s legal arguments. He noted that the executive branch could not point to a single case in which courts held that White House aides were immune from congressional subpoenas.
“That simple yet critical fact bears repeating: the asserted absolute immunity claim here is entirely unsupported by existing case law,” Bates wrote.
Unless of course it gets to the Supreme Court, where Tony Scalia will find a way, and if Justice Kennedy is having a bad day? Zappo!
So of course now the question everyone is asking is, what does this mean for our good friend Karl Rove? Some thoughts on that here.
Labels: 110th Congress, Bush administration, executive privilege, Harriet Miers, Josh Bolten, Karl Rove, Nancy Pelosi, worse than Watergate