http://blogs.cqpolitics.com/legal_beat/2009/02/delay-sought-in-house-judiciar.htmlDelay Sought in House Judiciary Lawsuit
By Keith Perine | February 13, 2009 5:03 PM
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The House Judiciary Committee sued former Bush White House counsel Harriet Miers and Bush White House chief of staff Joshua Bolten last year, seeking enforcement of subpoenas for documents and, in Miers' case, testimony related to the firings of nine U.S. attorneys in 2006. A district court ruled for the committee, and the defendants appealed.
The D.C. Circuit is likely to grant the extension, for two reasons: House lawyers are okay with it; and when it comes to executive-legislative disputes, courts usually do everything they can to encourage the two sides to work things out on their own.
Bolten and Miers did not comply with the subpoenas, issued in 2007, after President Bush made a blanket claim of executive privilege. The case, a rare test of the legality of such a privilege claim, could establish a new judicial standard for the validity of a privilege claim asserted by a former president.
The Obama administration has not announced whether President Obama would assert the same privilege claim, in the interest of preserving presidential prerogative, or take a different view, and perhaps even provide the Judiciary committee with the relevant Bush White House records. But all of that is being hashed through now.