Judge: Current and Former White House Aides Must Comply With Congressional Subpoenas

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

U.S. District Judge John Bates issued a ruling today that former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten must comply with the subpoenas issued to them by the House Judiciary Committee. The subpoenas were issued as part of Congress’s investigation into the allegedly politically-motivated firing of eight US attorneys. The White House had argued that Miers and Bolten were immune from testifying or sending documents to Congress, but Bush-appointed judge John D. Bates was having none of it. Bates, regarded as a pro-administration judge, said in his decision that the White House’s claim that its aides were always and in all circumstances immune from subpoenas was “unprecedented” and “without any support in case law.” Glenn Greenwald, who goes deeper into the legal implications of this ruling, pointed to a passage from page 78 of the ruling as especially important:

The Executive cannot identify a single judicial opinion that recognizes absolute immunity for senior presidential advisors in this or any other context. That simple but critical fact bears repeating: the asserted immunity claim here is entirely unsupported by case law. In fact, there is Supreme Court authority that is all but conclusive on this question and that powerfully suggests that such advisors to not enjoy absolute immunity.

That’s a pretty serious smackdown of the administration coming from the same judge who said in 2002 that Dick Cheney could keep his Energy Task Force records secret from the Government Accountability Office. The White House will likely appeal the ruling, but it’s unlikely to get a judge more favorably inclined towards the Bush administration than Bates. Still, the appeal will keep Bates’ ruling—which would have required Miers to testify and required both Bolten and Miers to hand over documents—from being enforced until there is a final judgment. And as in the White House emails case, the Bush administration may be able to simply run out the clock.

Photo by flickr user dcjohn used under a Creative Commons license.

 

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate