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Judge to White House: Cough up Harriet Miers

09:47 AM PT, Jul 31 2008

White House Counsel Harriet E. Miers listens to President Bush the day of her fateful nomination to the Supreme Court, Oct. 3, 2005

The White House's hopes of using a broad claim of executive privilege to shield top officials from testifying before Congress ran into a brick wall today.

U.S. District Judge John Bates, a Bush appointee, ruled in a 93-page opinion that former White House counsel Harriet Miers is not immune from congressional subpoena and is required to testify on the U.S. attorney scandal and the politicization of the Justice Department.

And attention, Karl Rove: The judge rejected procedural arguments by Miers and White House Chief of staff Josh Bolten, ruling that they have to cough up documents.

Democrats were thrilled.

House Speaker Nancy Pelosi called it "very good news for anyone who believes in the Constitution of the United States and the separation of powers, and checks and balances."

House Judiciary Committee Chairman John Conyers Jr. pledged to call Miers before the committee as soon as September to testify about whether the White House played any role in the firings of nine U.S. attorneys last year. In a statement, he said:

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. 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.

No word yet on whether the White House will appeal.

-- Johanna Neuman

Photo: Matthew Cavanaugh / Getty Images

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Comments
Gary

Ms. Pelosi: Yes some of us may still believe in the Constitution, and seperation of powers, and checks and balances, but, I think that very few of us, if any, believe in you.

Robert Reppy

Subject: Karl Rove: Contemptible, and In Contempt

Great News! Karl Rove is not Above The Law after all, as the House Judiciary Committee ruled him in contempt. Very good news for Americans that believe in the Rule of Law and the primacy of the Constitution over selfish neocon ambition.

Unfortunately, I had to read about it on the Internet. I saw not one mention of it in my local paper, nor about how federal judge Bates (a Bush appointee, ironically enough) has officially ruled that the Bush administration has no legal grounds to stand on in inisting that its people can ignore a Congressional subpoena.

Well, duh, you'd think the latter principle would be a no-brainer, but not according to the worldview of Cheney & Co. What disturbs me, however, is the media's apparent decision that such a momentously important legal precedent in the fight over what kind of country this will become is unworthy of mention! They talk liberal, but their actions make it look like they are in cahoots with the Bush n' Rove cabal.

To the Print and Broadcast Media Moguls: You are Big Journalism. You are supposed to have a duty to the Truth and to the community at large. Here we have a confrontation taking place at the highest level of our justice system, one which will determine whether future presidents can claim to be above the Law and , Soviet-style, immune to investigations - and you are sweeping it under the rug. The American Public needs to be kept informed on this, and you are not doing your job in ignoring it.

Robert Reppy
101 Carlyle Dr.
Palm Harbor, FL 34683
(727) 772-5972
RReppy@gmail.com

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James Gerstenzang, Johanna Neuman
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James Gerstenzang and Johanna Neuman are reporters in The Times' Washington bureau. Between the two of them, they have covered the White House, diplomacy, military affairs, the environment, international economics, trade and Congress. They have both spent time in Crawford, Texas.