Judge: Obama Must Weigh In On US Attorneys Fight By Wed.

[babylonsister]

http://tpmmuckraker.talkingpointsmemo.com/2009/02/judge_obama_admin_must_weigh_in_on_us_attorneys_fi.php

Judge: Obama Admin Must Weigh In On US Attorneys Fight By Weds
By Zachary Roth - February 19, 2009, 3:55PM


Are things finally coming to a head in the long-running effort to get testimony on the US Attorney firings from key Bush aides?

A federal court has said that the Obama administration must file its brief in the case of Harriet Miers and Josh Bolten by next Wednesday, reports Politico.

The administration had asked to have until March 4th to get its position straight.

Miers and Bolten, both top aides to the Bush White House, were subpoenaed by Congress for testimony on the U.S. Attorney firings. President Bush had asserted executive privilege, sending the matter to the courts. Now the Obama administration must decide whether to back Bush's claim.

An executive order issued by the Obama White House on its first full day in office suggests it won't, in the view of some experts.

The issue of Karl Rove's testimony on the firings could also be at stake, since any ruling in the Miers-Bolten case could affect the stand-off over Rove. House Judiciary chair John Conyers has subpoenaed Rove, whose lawyer then kicked the issue over to the Obama White House.

Things are getting interesting...

[EraOfResponsibility]

1. Veddy Interestink n/m

[wroberts189]

7. popcorn time for sure... if you can handle the drama. nt

[chill_wind]

2. k & R. n/t

[ThomWV]

3. Now we will see what the future holds for the Rule of Law.

[wroberts189]

6. Yes...This is a test he has to pass. ROL or not? nt

[Vincardog]

4. O's WH should respond that the COURT should rule that there is no such thing as Absolute Immunity

as claimed by Dim Son and his cohorts. The Court should rule and put this claim to rest with all the other heresies of the Ray Gun Era...

[pinto]

5. I think the Exec Order may be a bit different than portrayed in this report -

Over at TPM, Josh and David have been mulling the significance of the executive order, issued today by President Obama, concerning the Presidential Records Act. Could it apply retroactively to previous administrations, making it easier to pry loose records that the Bush White House has fought to keep secret?

According to Anne Weismann, a lawyer for Citizens for Responsibility and Ethics in Washington, the tentative answer is yes.

As David notes, the order says:

"Going forward, anytime the American people want to know something that I or a former President wants to withhold, we will have to consult with the Attorney General and the White House Counsel, whose business it is to ensure compliance with the rule of law."

As a result, Weismann told TPMmuckraker, the order could affect any case in which the White House has claimed executive privilege over presidential (or, to be clear, vice presidential) records. Most important, it would subject those claims to review by the Justice Department. "It does have the potential to impact ongoing litigation," she said.

Weismann specifically cited the ongoing legal fight between the House Judiciary committee and the Bush White House, over documents relating to the US Attorney firings. Among other documents, Congress has been seeking a key memo written by a White House counsel, which might shed light on White House involvement in the firings.

http://tpmmuckraker.talkingpointsmemo.com/2009/01/could_obamas_executive_order_help_pry_loose_bush_r.php

[ThomWV]

8. Smartest thing to do: Argue that there is immunity but it is not applicable here

that would be the smart thing to do, make the case that certainly limited immunity exists and concurently make the case that it does not apply in the immediate case.

It is one thing to claim immunity from repeating advice given to the President. That is good and as it should be. However in this case immunity is being given from testimony not about advice but about actions taken and the roles played by individuals in which laws were broken. Testimony about advice, no good. Testimony about actions taken, gotta do it.

[wroberts189]

9. ho hum knr nt