Federal judge rules Bush's aides can be subpoenaed

Original Link: http://www.examiner.com/a-1515162~Federal_judge_rules_Bush_s_aides_can_be_subpoenaed.html

By MATT APUZZO, AP

President Bush's top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in a long-running dispute between the two political branches.

Congressional Democrats called the ruling a ringing endorsement of the principle that nobody is above the law. They swiftly announced that the Bush officials who have defied their subpoenas, including Bush's former top adviser Karl Rove, must appear as part of a probe of whether the White House directed the firings of nine federal prosecutors. Democrats announced plans to open hearings at the height of election season.

The Bush administration was expected to appeal.

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.

House panel votes to cite Rove with contempt "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 nonprivileged documents related to the firings.

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.

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. Disputes over congressional subpoenas are normally resolved through political compromise, not through the court system. Had Bush prevailed, it would have dramatically weakened congressional authority in oversight investigations.

House Speaker Nancy Pelosi, D-Calif., left open the prospect of a full House vote on a contempt citation against Rove, who defied his subpoena to appear before the Judiciary Committee on July 10.

"It certainly strengthens our hand," she said of Bates' ruling. "This decision should send a clear signal to the Bush administration that it must cooperate fully with Congress and that former administration officials Harriet Miers and Karl Rove must testify before Congress."

That wasn't clear at all to the White House or Rove's attorney.

Bush administration lawyers were still considering whether to appeal, but there was no doubt what they thought of the ruling.

"We disagree with the district court's decision," White House spokeswoman Dana Perino said.

With only a few months left in Bush's presidency, there appeared to be no sense of urgency to come to a decision.

"I have not yet talked with anyone at the White House ... and don't expect that this matter will be finally resolved in the very near future," Rove attorney Robert Luskin said in an e-mail.

The House Judiciary Committee's senior Republican, Rep. Lamar Smith of Texas, said he was pleased the court ruled in Congress' favor, but he cautioned that an ongoing showdown in federal court could ultimately curtail Congress' powers, and he urged Democrats and the White House to strike an agreement.

"Unfortunately, today's victory may be short-lived," Smith said in a statement. "If the administration appeals the ruling, our congressional prerogatives will once again be put at risk."

The chairmen of the House and Senate Judiciary Committees quickly demanded that the White House officials subpoenaed appear before their panels.

Rep. John Conyers, D-Mich., chairman of the House Judiciary Committee, signaled that hearings would commence in September on the controversy that scandalized the Justice Department and led to the resignation of a longtime presidential confidant, Attorney General Alberto Gonzales.

"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."

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said, "I look forward to working with the White House and the Justice Department to coordinate the long overdue appearances."