Court Delays Miers and Bolten Congressional Testimony

Monday did not bring good news for the House Judiciary Committee. A federal appeals court has delayed the testimony of Harriet Miers and Josh Bolten, in the latest ruling (pdf) in the epic back and forth between the executive and legislative branches. The decision pushes the issue into the next administration.

From the AP:

Time will run out on this year’s congressional session before the battle between two branches of government can be resolved, according to the ruling by a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit.

The ruling essentially pushes any resolution on the politically charged case until next year.
“The present dispute is of potentially great significance for the balance of power between the legislative and executive branches,” wrote the panel of judges, two of whom were appointed by Republicans.

Still, the judges wrote, “Even if expedited, this controversy will not be fully and finally resolved by the judicial branch … before the 110th Congress ends on January 3, 2009. At that time, the 110th House of Representatives will cease to exist as a legal entity, and the subpoenas it has issued will expire.”

HJC Chairman John Conyers (D-MI) has already indicated that the committee will appeal, but did not give a timeline.

“While the delay caused by this incorrect decision is unfortunate, at the end of the day, I believe Judge Bates’ decision will be affirmed and that Harriet Miers and other key witness will appear before the House Judiciary Committee, and that we will get to the bottom of the Bush administration’s disgraceful politicization of the Justice Department,” said Conyers in a statement.