Judge Denies Miers/Bolten, Rejects Immunity Arguments

Via the Associated Press: Bolten, Miers ask Judge to Delay Subpoena

In the ongoing case of the House Judiciary Committee vs. Hariet Miers, which I’ve written about previously (here), some significant recent developments have happened. First, on July 31st, DC Districut Court Judge John Bates ruled that Miers and Bolten are not immune from Congressional subpoena to testify in Congress (decision here, in PDF).

Now the DOJ, on behalf of Miers and Bolten, are appealing the decision. But in the meantime, in order to prevent Miers and Bolten from actually testifying, the DOJ has asked Bates to stay his ruling.

I haven’t read the opinion fully yet, so no comments thus far. But having said that, I’m glad, at least on principle, that Bates ruled that White House staff are not immune to Congressional subpoenas. I’ll be watching closely to see if Bates decide to stay the ruling or not.

But in a sense, this doens’t matter as much as it might have once, because the top political issue is the economy, not separation of powers and constitutional interpretation. But for someone like me, who is a nerd and studied constitutional jurisprudence for two years in college, this is pretty exciting stuff.


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