Judge Rules Against Absolute Immunity for Rove, Other Bush Officials
July 31, 2008 Human Rights
White House attorneys are quite capable of coming up with creative legal arguments. The problem, though, is that judges aren't willing to reward their creativity.
President Bush's top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in an unprecedented dispute between the two political branches.
House Democrats called the ruling a ringing endorsement of the principle that nobody is above the law.
In his ruling, U.S. District Judge John Bates said there's no legal basis for Bush's argument and that his former legal counsel, Harriet Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force testimony from White House chief of staff Joshua Bolten.
"Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena," Bates wrote. He said that both Bolten and Miers must give Congress all non-privileged documents related to the firings.