White House Rebuffs Congressional Subpoenas Despite Federal Court Ruling

WASHINGTON — Planning appeals, White House chief of staff Joshua Bolten and former White House counsel Harriet Miers asked a judge on Thursday to delay enforcement of his ruling that they must testify before Congress.

U.S. District Judge John Bates did not immediately rule on their request to place a hold on his ruling allowing White House aides to be subpoenaed by Congress. The judge asked House lawyers to respond by next week.

Bates on July 31 rejected White House arguments that presidential confidants are protected from congressional subpoenas by executive privilege, giving free rein to Democrats who have been trying to get President Bush's aides to testify on the dismissals of nine federal prosecutors.

Without a quick stay of the ruling, Miers and Bolten may be forced to testify before an appeal can be heard, the two said in a court filing. Democrats have announced they would schedule hearings in September, at the height of election season.

"Whatever the proper resolution of the extraordinarily important questions presented, the public interest clearly favors further consideration of issues before defendants are required to take actions that may forever alter the constitutional balance of separation of powers," the Bolten and Miers request said.

A stay would also benefit Republicans, since the subpoenas expire at the end of the year, not long before Bush leaves office.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said White House lawyer Fred Fielding sent him a letter saying the administration would not let Bolten testify until the appeals process is finished.

"This continuing contempt of Congress is another example of the lengths to which this administration will go and how it uses government lawyers to protect its actions from scrutiny and increase its power, rather than respect the rule of law," Leahy said.

Bates' decision gave some teeth to Congress' power to investigate the executive branch, because earlier disputes had been settled through political compromise instead of the courts.

The judge has scheduled a conference between the litigants on Aug. 27 to assess whether negotiations over the subpoenas had progressed.

Comments

[lthuedk 1]

Justice prosecutes. Congress legislates. Pelosi and Reid are without the votes to move against the criminals and there's no excuse for not knowing this. Justice on the other hand doesn't need the votes, only evidence.

Give Justice a chance.

http://www.light-to-dark.com/rove_and_gonzales_do_justice.html

[jfor]

Is our Constitution this weak? How is it possible that America has lasted so long without some pinhead declaring himself a dictator? The democrats look so pathetic and weak they are just lucky that the Republicans have a case of terminal incompetance and allowed McCain to be their nominee or they would be all done. Pelosi and Reid have proven themselves not to be worthy of the leadership positions they hold but clearly are qualified to be members of the United States Congress since they have no backbone.

[BrickSykes]

No, our Constitution is not that weak. What has happened is that America's Corporate hierarchy has been chipping away toward a Fascist state for a very long time. They nearly succeeded in '33-'34 when the same people (JPMorgan, et al) conspired to get rid of "Democracy" and declare a Fascist regime. Business will tell you that they "Need No Country" to prosper, so government can actually 'stand in their way', to hear them tell it. Their allegiance to Profit and Greed is their only Mantra.

Money can buy people at will. Lawyers like Jim Baker, David Addington, Alberto Gonzales, etc., will always be available. American business refuses to consider that American Business is hugely profitable because they have had the protection of the Federal Government since 1792, or so. The American Government is the Father of American Business. American Business could not have done what they've done if our Government had been any other way. This notion infuriates them.

American Business will Lose much of their worldwide prestige and respect out of the Bush Administration, and for a very long time.

Brick

[Beachchick]

No- Democracy is weak.

[tjfxh]

Feckless Dems. They deserve to lose the election, and America deserves to lose its democracy for electing such spineless idiots. But just watch a minority GOP protest a Dem president using the powers that W usurped. They'll be calling for impeachment soon enough.

[Heavy]

Why are republicans so afraid of the truth? Because they are criminals.

[Andman0121]

Throw their pompous, arrogant, law-breaking a**es in jail then! Not next week, not tomorrow, but NOW! Treat them like everyone else and hold them accountable! Ridiculous.

[Heavy]

Yes. Makes my d@mned bl00d BOIL. NO ONE IS ABOVE THE LAW. If they have nothing to hide they have nothing to worry about. We are nothing if we are not a nation of laws. We are being ruled by a crime family, with less morals than the mob. Once enough evidence comes out they will stab each other in the backs and scurry like c0ckroaches at the flip of the lightswitch.

[kappa08]

"What about the children".­...Isn't this rally cry every time a ballplayer sets a bad example or an adult only establishment wants to setup shop 20 miles from a school.
Why not now? This tells me and every other citizen in the United States that rules are just for "some" people and not others.
I say embarrass them. Wait until they are in the most social situation then come in and arrest with handcuffs. Even if it "goes no where".

[KathyIndiana]

Big surprise - this administration is ignoring the law. Now if Congress will grow big enough balls to do something about it, their ratings might go up. Come to think of it, it would be hard for their ratings to go down any further. Oh well - I do believe in just retribution, and someday Bush-Cheney and cronies will pay for wrecking this country.

[Daly]

Bush will dole out more pardons that the last few presidents combined.

[fightorleave2]

If Bush has the temerity to pardon 'everyone,' I say the American people, Congress and the Courts should ignore him and the pardons. Either, as Bush has claimed for 8 years the power to nullify laws, so too should the Courts and Congress, or, even better, is to establish that the Bush years were not only illegitimate and illegal but rightfully must be nullified. That is every act, appointment and word should be abrogated. For example, the Iraqi people should be forewarned that the so-called security arrangement with Bush will not be honored, as he, and it, are illegitimate and illegal.

[pesfb]

See, I told you nothing would ever really happen in any of these cases.

And for those blathering on about "the rule of law", get your heads out the sand. Yes, we ARE still a nation of laws, but remember by whom laws are written. "Laws" do not spring up from the ground or handed down from on high. If the powers in control of the country find that they are breaking current law, they simply rewrite the law to their protection (e.g.; the Bush wiretapping scheme, torture, habeas corpus, etc., etc.) . So, the country is still ruled by laws and that still means we're screwed.

[ignorantwillyharper]

This could and probably will be the end of law as we know it, but it could also mean their time is up. If this proceeds after Bush is out of office, who's going to pardon them. I would hope there's only one guy that would pardon them and that of course is McCain. If McCain is not the president and Obama has the COJONES to stand firm, then we may see some of these criminals behind bars...of course this may also be to good to come true.

[Oldchef]

I assume that even if they do eventually appear before the Congress, that these administration criminals will plead the 5th Amendment or severe forgetfulness like their co-conspirators before them, but they should definitely be made to appear. This adminstration's thumbing of their collective noses at the other branches of government is a national disgrace and a deliberate and continuing attack on the Constitution itself by individuals who have previously sworn a solemn oath to defend that Constitution. Ms. Pelosi's actions in "taking impeachment off the table" has encouraged this destructive and criminal behavior by officials of the administration as they feel there will be no consequences to their actions. Shame on you, Madam Speaker!

[MSB]

This country has become that lame company that everyone used to work for, you know, the one where everyone in management just attends another meeting but never has to actually work.

At that meeting, it is usually decided that some rank and file employees should be laid off so the managers won't have to forego this year's 5 figure bonuses. Why sell a vacation home when you can fire a few secretaries? (single moms working two jobs..... "uniquely American..­" as Dubya would say.)

[patriotic008]

i thought America was a country of laws.
I guess we should change that to: America - the country where the law does not apply to the wealthy and connected, only the poor serfs

[TeriMcCarthy]

Arrest them, drag them to the hearing, do the same to Karl Rove.

[truthyguy]

"Whatever the proper resolution of the extraordinarily important questions presented, the public interest clearly favors further consideration of issues before defendants are required to take actions that may forever alter the constitutional balance of separation of powers," the Bolten and Miers request said.

RIGHT. THEY ARE DOING THIS FOR THE COUNTRY. IT HAS NOTHING TO DO WITH CONCEALING THEIR CRIMES AND THE CRIMES OF ROVE ET AL

[ArmyCentrist]

@ blueshield- pretty much!

This country is like a super-sized Gotham City, where the politicians are bought and sold like rice at a market, and the "Decider" has the courts in his pockets...

[JiminNC]

So now dubya is going to defy two branches of our government and Peolsi will...?