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

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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.

 

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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