Before Judge, Spirited Clash on Subpoenas for Bush Aides

[BuyingThyme]

Before Judge, Spirited Clash on Subpoenas for Bush Aides

By NEIL A. LEWIS
Published: June 24, 2008

WASHINGTON — Lawyers for the Bush administration and Congress clashed on Monday before a federal judge over whether White House officials could refuse to comply with subpoenas from the House Judiciary Committee.

The judge, who represents the third branch of government, noted the judiciary’s burden in being asked to referee the constitutional battle. Judge John D. Bates of Federal District Court, who participated in spirited arguments with both sides for nearly three hours, summed up the court’s predicament, saying, “Whether I rule for the executive branch or I rule for the legislative branch, I’m going to disrupt the balance.”

The case, with its fundamental issues of the separation of powers and the extent to which the executive branch may withhold information, involves efforts by Democrats on the committee to investigate whether the White House exercised improper political influence in the firing of several federal prosecutors. The House has voted to hold in contempt Harriet E. Miers, the former White House counsel, and Joshua C. Bolten, the White House chief of staff, who have refused to provide documents and testimony about the dismissals of the United States attorneys.

If Judge Bates sides with the House, it would be the first time a court has agreed to enforce a Congressional subpoena against the White House. Whatever the ruling, many lawyers presume the issue has such significance that it will ultimately be decided by a higher court.

...

http://www.nytimes.com/2008/06/24/washington/24subpoenas.html

If memory serves, didn't the courts uphold Congressional subpoenas aganst Richard Nixon?

[nadinbrzezinski]

1. This is theater, and nobody intends to actually do what they need to do

in the case of Congress, INHERENT contempt, and that was exactly what the judge hinted at

[alfredo]

2. They have the power, but I think the junta will start yelling about a

coup, or a constitutional crisis that demands martial law.

[nadinbrzezinski]

3. You only have the power you choose to exercise

these guys don't

Hence they don't have that power

Yes, call me a cynic, guilty as charged

[alfredo]

4. I think the Nov election is coloring their actions or rather inaction.

[nadinbrzezinski]

5. I hope they get a shock or true, especially the leadership quite frankly

[alfredo]

6. We need to stop bush from granting a pardon to himself and his junta.

I am all for telling him that if he does we will extradite him when the world courts come calling. Make him choose between facing US justice, or foreign justice.