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Federal judge: White House aides can be subpoenaed

In June, after White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers refused to comply with congressional investigations into the U.S. Attorneys scandal, the Justice Department claimed “that senior presidential advisers are absolutely immune from congressional subpoenas.” But today, a federal judge has ruled that “there’s no legal support for that stance” and “aides can be subpoenaed.” Federal Judge John Bates stated that Bolten and Miers must comply with Congress:

U.S. District Judge John Bates disagreed. He said there’s no legal basis for that argument. He said that Miers must appear before Congress and, if she wants to refuse to testify, she must do so in person.

“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.

UpdateBates was appointed by President George W. Bush in December 2001 and was appointed to the FISA court by Justice John Roberts in 2006. On many previous occasions, his rulings have helped cover-up for the administration's wrongdoings.
UpdateRead Bates' summary judgment here.
UpdateFormer Justice Department lawyer Marty Lederman calls the ruling "a landmark decision."
UpdateIn a statement, House Judiciary Chairman John Conyers (D-MI) says he looks "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."



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29 Responses to “Federal judge: White House aides can be subpoenaed”

  1. Dr. Hussein Matt Says:

    Damn those librul activists (Tm) judges!!!!


  2. Fan of Man Says:

    Federal Judge John Bates stated that Bolten and Miers must comply with Congress:

    lol, or what?

    stop or i'll say stop again!


  3. Keith H. Says:

    Cool, how does this decision figure in for karl ?


  4. Zimzone Says:

    Josh, Harriet, step up to the plate. Claim 'Bush made me do it'.

    That would lead to some interesting legal morsels...


  5. stateofthedivision Says:

    Finally, the judiciary is weighing in! Hold the Bush bunch accountable.


  6. misshusseinmolly Says:

    Hmmm...if White House aides can be subpoenaed, I suggest Congress start making the list now. It's gonna be a long one.


  7. Paul W Says:

    “Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena,” Bates wrote.

    Thank you, captain obvious!

    http://progressiveworldreview.com


  8. Fan of Man Says:

    kkkarl is skkkrood!


  9. raynman Says:

    Wait, you mean there is something called the Constitution still in existance in the United States?

    How did we allow that to happen??


  10. Bobwurst Says:

    Keith H. Says:
    Cool, how does this decision figure in for karl ?

    It means that Karl can look forward to a sternly worded letter if he continues to flout the law. Maybe. Maybe he won't even get the letter.


  11. dumbstruck Says:

    Let the games begin.


  12. misshusseinmolly Says:

    He said that both Bolten and Miers must give Congress all non-privileged documents related to the firings.
    _______________________________________________________

    Of course, ALL documents will be immediately classified as "privileged".


  13. Abu Ben Hussein Leporello Says:

    This is one time where I'm glad to hijack the troll's phrase; Clinton did it first!
    Impeach Pelosi, Cheney and Bush and Save the Constitution!


  14. A Patriot Acting Says:

    This from a FISA judge who was appointed by Bush in 2001. Bates was also the judge that dismissed the Plame vs. Cheney case. He was also Deputy Independent Counsel for Kenneth Starr and worked closely with Starr during the Whitewater hearings. Hardly a liberal judge. I guess Rove considered him a real team player and thus didn't replace him while he was cleaning out the Justice dept of non-faithfuls. I guess Karl underestimated some conservative judge's ardor for the actual rule of law.


  15. FEARandSMEAR.com Says:

    Smashmouth politics... Run out the clock...

    Run the ball right up the middle. Wait until the play clock reaches 1 before each snap....

    Punt, repeat....

    Soon, it will become, we've got an election to win...

    Then it will be transition power to the newly elected president and cabinet...

    Then, it's too late...

    What's on TV?


  16. old_hack Says:

    KFC in Fallujah nd they say there's no progress on the ground


  17. Wayne Says:

    Wow, Bush lapdog judge that just turned around and bit Bush on the a$$.
    Color me surprised.


  18. unbelievable Says:

    I'll celebrate when Myers, Bolton and Rove are all being held in a jail cell for contempt.

    Though, if they do testify, what makes us think that they will tell teh truth anyway?


  19. JMOHR Says:

    This is where the Democrats must be aggressive. First, they should turn this into the pre-eminent talking point. Criminal allegation, refusal to cooperate, politicized Justice Department, Republican appointed judges agree with Bushes' disregard for the law. Second, the Bush administration does not get to decide which documents are priveleged. They must be submitted for an in camera inspection by a judge or master appointed for that purpose. Now let us see if the Dems have the courage to follow through.


  20. unbelievable Says:

    Wayne Says: Wow, Bush lapdog judge that just turned around and bit Bush on the a$$. Color me surprised.

    I think they know that Bush can no longer do anything to hurt them, and some of these people are doing what so many former Bush Regime members (Powell, McClellan, Clarke, Shinseki, O'Neill, etc.) have done, and are finally doing the right (Constitutional) thing.


  21. IgnoranceIsNotBliss Says:

    1) All documents will be immediately declared as "priviledged"
    2) Both will excert Executive Priviledge.
    3) When #2 won't work, they'll plead the 5th.


  22. Doc Rock Says:

    You won't see DoJ implement this any too quick!


  23. celtic cynic Says:

    So, arrest them already!!


  24. trollsbwild Says:

    Mukasey will not let this go any further.

    Thanks, CS and DF- your friendly neighborhood DINO's.


  25. shoeless Says:

    Through my confidential source at the White House, I have obtained a copy of the joint testamony that will be given by Miers and Bolton to Congress.

    Harriet Miers and Josh Bolton: We weren't aware of what was going on. We did not know that Gonzales used poltiical factors when assessing US Attorneys for dismissal, did not know the search terms Gonzales used, did not know even Gonzales’ portfolio including firing for US Attorneys and basically we didn’t have knowledge of the role the office of the Attorney General played in identifying candidates.


  26. RiotSquad Says:

    A Patriot Acting Says:
    --------------------------------------------------------------------------------

    This from a FISA judge who was appointed by Bush in 2001. . . . I guess Rove considered him a real team player and thus didn’t replace him while he was cleaning out the Justice dept of non-faithfuls. I guess Karl underestimated some conservative judge’s ardor for the actual rule of law.
    ______________________________________________________________

    Just a quick note - Federal district court judges are not part of the DOJ or the executive branch; they are part of the judiciary. Karl Rove and the Administration do not have the power to remove/replace a federal district court judge. Once appointed, they enjoy life tenure and must be removed through impeachment.

    If the Administration knew that Judge Bates would rule this way, and if they had the power to replace, I'm with you that the White House probably would have gotten a more loyal Bushie on the bench.


  27. electricphoto Says:

    Judge Bates is going to get a spanking from big Dick Cheeny for not doing what he was appointed to do.

    Can I get a hooo- ra!


  28. shoeless Says:

    The administration couldn't find a more loyal Bushie on the bench. All the Regent University grads already have jobs in the Justice Department.


  29. MapleStreet Says:

    Don't you love the sound of weasels squirming in the morning ?

    Bush appoints judge. Looking at evidence coming out, there is no question in my mind that the judge had to be thouroughly vetted as a loyal Bushie.

    Even the loyal Bushie judge couldn't swallow the pile of **** served to him.

    Can we ask the judge of the Veep is part of the Executive Branch or not ?



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