Court Rules on Miers/Bolten Subpoenas

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Just in: A federal district court in DC has overruled the White House-backed motion to dismiss the House lawsuit to enforce contempt of Congress proceedings against former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten.

The court also granted the House Judiciary Committee’s motion for partial summary judgment in part.

In doing so the U.S. District Judge John D. Bates ruled:

Harriet Miers is not immune from compelled congressional
process; she is legally required to testify pursuant to a duly issued congressional
subpoena from plaintiff; and Ms. Miers may invoke executive privilege in
response to specific questions as appropriate

and that:

Joshua Bolten and Ms. Miers shall produce all non-privileged
documents requested by the applicable subpoenas and shall provide to plaintiff a
specific description of any documents withheld from production on the basis of
executive privilege consistent with the terms of the Memorandum Opinion issued
on this date

Just a reminder: The Judiciary Committee is seeking testimony and documents from the White House relating to the U.S. attorneys firings. Bolten is a party because he is the custodian of White House records, but it’s really the White House on the line here.

ABOUT THE AUTHOR

David Kurtz is Managing Editor and Washington Bureau Chief of Talking Points Memo where he oversees the news operations of TPM and its sister sites.
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