Activist Judge Alert: Rules Bush Advisors NOT Immune from Congress Subpoenas

Judge John G. Bates of the US District Court ofor the District of Columbia has ruled against Harriet Miers and Josh Bolton, saying they have no immunity when it comes to testifying before Congress about the firings of US Attorneys. I suppose the Bush appointed judge, a US Attorney himself once upon a time, respects US Attorney independence.

Commentary By: Steven Reynolds

Well, look to the right wingers to hammer Judge John G. Bates of the US District Court for District of Columbia. He’™s made a ruling against the claims by Bush advisors that they hold immunity from Congressional subpoenas. Of course, the Bushies will appeal. They’™re likely going to hope that the US Supremes will find in their favor, as so many of them were appointed by Bush, or are sympathetic to him. From the New York Times:

The House Judiciary Committee wants to question the president’™s chief of staff, Josh Bolten, and former legal counsel Harriet Miers, about the firing of nine U.S. attorneys. But President Bush says they are immune from such subpoenas. They say Congress can’™t force them to testify or turn over documents.

U.S. District Judge John Bates disagreed. He said there’™s no legal basis for that argument. He said that Miers must appear before Congress and, if she wants to refuse to testify, she must do so in person.

‘œHarriet 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.

But wait, wait! According to his biography, Judge John G. Bates was appointed in December of 2001. That would mean he was appointed by Dubya himself! So is he an activist judge or not? I’™m thinking the guy is merely following the law. Perhaps this is Bush incompetence at its finest, where they can’™t even appoint judges who will consistently rule in their favor, thus cover for their crimes.

Thursday, July 31st, 2008 by Richard Blair |

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