Bolton, Miers Win Delay For Congressional Testimony

WASHINGTON — A federal appeals court on Monday rejected House Democrats' demands to force two of President Bush's top aides to cooperate with an investigation about the firings of nine federal prosecutors in 2006.

Time will run out on this year's congressional session before the battle between two branches of government can be resolved, according to the ruling by a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit.

The ruling essentially pushes any resolution on the politically charged case until next year.

"The present dispute is of potentially great significance for the balance of power between the legislative and executive branches," wrote the panel of judges, two of whom were appointed by Republicans.

Still, the judges wrote, "Even if expedited, this controversy will not be fully and finally resolved by the judicial branch ... before the 110th Congress ends on January 3, 2009. At that time, the 110th House of Representatives will cease to exist as a legal entity, and the subpoenas it has issued will expire."

"In view of the above considerations, we see no reason to set the appeal," the panel concluded. "If the case becomes moot, we would be wasting the time of the court and the parties."

Monday's ruling blocks a July order by U.S. District Judge John Bates to force former White House counsel Harriet Miers to testify before the House Judiciary Committee and current presidential chief of staff Josh Bolten to turn over documents about the controversial firings.

Democrats say the firings, which led to the resignation of former Attorney General Alberto Gonzales last year, were politically motivated. That charge was backed up by an internal Justice Department investigation, which last week found "substantial evidence that partisan political considerations played a part in the removal of several of the U.S. attorneys."

The Justice Department has maintained that Congress can't force top White House aides to testify because it infringes on the executive branch's independence.

In a statement, House Judiciary Chairman John Conyers indicated his committee would appeal, although he did not say whether it would do so after the start of the new congressional session in January.

"While the delay caused by this incorrect decision is unfortunate, at the end of the day, I believe Judge Bates' decision will be affirmed and that Harriet Miers and other key witness will appear before the House Judiciary Committee, and that we will get to the bottom of the Bush administration's disgraceful politicization of the Justice Department," said Conyers, D-Mich.

Lawyers for House Democrats have said they plan to continue the investigation during the next session _ meaning they will likely refile the subpoenas and demand anew to hear from Miers and Bolten. They also can appeal for a hearing by the full circuit court, but have acknowledged that would not likely happen before the end of the year.

Rep. Lamar Smith of Texas, top Republican on the House panel, urged his Democratic counterparts to drop the case.

"The facts continue to show that there was no grand administration conspiracy in the dismissal of several U.S. attorneys," Smith said in a statement. "Rather than continue to waste the American people's time and money, I hope that next year House Democrats put partisan politics aside and focus on a real agenda that serves the American people."

Comments

[LITU]

Who in their right mind honestly believes there is a political solution to the ails of America?

[wordvarc]

This is as political and damaging to America as the Supreme Courts ruling in the Bush/Gore Florida case.

This absurdity is more reason to get the current republican out of Washington including McSame and his perky neocon spokesmodel.

[wordvarc]

The federal prosecutor purge/firings were strict RNC/GOP political proticol for not advancing their agenda.

The case needs to be heard as our judicial-legislative-executive balance of power is at stake. Only the neocon bushies want to bury or end this case.

[LWkcma]

bush can pardon for any possible wrongdoing without charges being filed. A pre-emptive strike.

[super]

The readiness of American courts to use Running out the Clock as a judicial tactic (ever since Bush v. Gore) never ceases to amaze!

[TXfemmom]

These people may be stonewalling themselves right into prison. Bush wants to wait it out, but when the Dems and Obama come into office, the President in office can order them to go in and testify and since they have all been swearing that the President has unlimited power, then they would have to do what the President wants. Then, because GW has left office, he will not be able to save them, and they will end up in jail because they refused and stonewalled.

[aconir]

How come when it's republicans up to their neck in illegal bull it's time to"put partisan politics aside " but if it's a Democrat doing something immoral but not illegal we spend 52 million dollars and everyone thinks it's money well spent?

[robbor]

We're patient, it will come to be

[lobear00]

The whole republican side in the Congress should be removed, for "Treason", they are responsible for blocking Investigations, Hearings, into the Corruption of the Bush administration. The Corruption of all three branches of the Government. The Democrats should cut funding to the white house, and the "Idiot ' in the VP chair, who does nothing but plot all his little "Crimes".

[kellygrrrl]

President 0bama in the WH + 60 Dem Congressional seats = NeoConvicts!!!!!

[mcnary]

Man there's gonna be a crowd on Pardon Day 09.

[EuGeneTherapy]

"Even if expedited, this controversy will not be fully and finally resolved by the judicial branch ... before the 110th Congress ends on January 3, 2009. At that time, the 110th House of Representatives will cease to exist as a legal entity, and the subpoenas it has issued will expire."

In other words, if we continue to delay and obfuscate, every two years the subpoenas will expire and all will be well. No accountability for anything, ever, the republican way. And........

"The facts continue to show that there was no grand administration conspiracy in the dismissal of several U.S. attorneys," Smith said in a statement. "Rather than continue to waste the American people's time and money, I hope that next year House Democrats put partisan politics aside and focus on a real agenda that serves the American people."


Go fvck yourself, La mar!

[guamarcy]

Republicans DO NOT understand the difference between partisan politics and misuse of power. Palin is just the latest in a long line of meglomaniacs.

[Bitsko]

Just goes to show, it ain't what you know, it's who you know.

[sonoffestus]

Hey, you have to admit it is pretty funny that the country that stands as a beacon for "liberty and justice for all" is being run by a crime family. What is even funnier is that they are going to get away with it.

Who's going to liberate us from our dictators?