Judge reluctant to wade into White House subpoena fight Congress was trying to be diplomatic when it brought an unprecedented lawsuit to settle its subpoena fight against the White House, a lawyer told a federal judge Monday. After all, lawmakers could've just arrested the president's former lawyer for refusing to testify.

The judge's response?

Maybe they should have.

Essentially, the judge (a Bush appointee) said the same thing we've been saying. Congress should have used its own powers...