From Glynn Wilson:

Karl Rove, the former political adviser to President George W. Bush, 
was a no-show again
this morning at the House Judiciary Committee, sources say, where he 
once again faced a to
testify under oath about his role in political prosecutions and 
firings from his perch in the
White House for seven years.

More...

It's another sad day for democracy, and the press is sound asleep.

The Locust Fork News-Journal
<http://www.locustfork.net/>http://www.locustfork.net/
<http://blog.locustfork.net/>http://blog.locustfork.net/

Court Grants Obama (Another) Extension in Subpoena Case

http://legaltimes.typepad.com/blt/2009/02/court-gives-obama-an-extention-in-subpoena-case.html

The U.S. Court of Appeals for the D.C. Circuit 
<http://legaltimes.typepad.com/files/d.c.circuitorder.pdf>today gave 
the Obama administration another week to decide its course in a case 
involving one of President George W. Bush's most expansive claims of 
executive privilege.

The briefing schedule has changed three times in the last two weeks, 
after two motions by the Justice Department for more time to allow 
for an out-of-court settlement in the House of Representatives' 
lawsuit against former White House counsel Harriet Miers and chief of 
staff Joshua Bolten. The Justice Department now has until March 4 to 
file its opening brief in the case.

The House sued last year for documents and testimony related to the 
firings of nine U.S. attorneys.

Bush asserted that his former aides are absolutely immune to 
congressional demands, a position he maintains to this day, even 
after exiting office. U.S. District Judge John Bates rejected the 
claim, setting up the appeal. The Justice Department's opening brief 
in the case was originally due on Feb. 18, but the department filed a 
motion for a two-week extension on Feb. 15, citing ongoing 
negotiations among White House Counsel Gregory Craig, Bush's lawyer, 
Emmet Flood, and House General Counsel Irvin Nathan.

The court 
<http://legaltimes.typepad.com/blt/2009/02/dc-circuit-forces-obama-to-move-quickly-in-subpoena-case.html>partially
 
granted the request, ordering the department to produce its original 
brief by Feb. 25. The department immediately filed a motion to 
reconsider, again imploring the court to consider the severity of the 
separation-of-powers issues raised in the case, as well as the 
introduction of new parties at the bargaining table -- the former 
president and his lawyer.

"The inauguration of a new president has altered the dynamics of this 
case and created new opportunities for compromise rather than 
litigation," wrote acting Assistant Attorney General Michael Hertz in 
a motion filed last week. "At the same time, there is an additional 
interested party -- the former President -- whose views should be 
considered."

Hertz described the discussions as "complicated and time-consuming."

The D.C. Circuit panel -- composed of Chief Judge David Sentelle, 
Judge Douglas Ginsburg, and Judge A. Raymond Randolph -- gave no 
explanation for its change of heart in granting the full extension.

The House has also subpoenaed Bush's former chief adviser, Karl Rove, 
for testimony in connection with the U.S. attorney firings and the 
prosecution of former Alabama Gov. Don Siegelman. Any settlement 
would involve him as well. His lawyers have said he is not opposed to 
testifying, but days before leaving office Bush's White House 
counsel, Fred Fielding, sent letters to Rove, Miers, and Bolten, 
instructing them to continue to ignore congressional demands for 
information about anything they did while at the While House.

Lawyers familiar with the negotiations say they will likely result in 
testimony from all three three aides in some form. Rep. John Conyers 
(D-Mich.), the House Judiciary Committee, has continued to press for 
sworn testimony before the committee.

Posted by Joe Palazzolo on February 23, 2009 at 12:09 PM in 
<http://legaltimes.typepad.com/blt/justice_department/>Justice 
Department | 
<http://legaltimes.typepad.com/blt/2009/02/court-gives-obama-an-extention-in-subpoena-case.html>Permalink

--~--~---------~--~----~------------~-------~--~----~
You received this message because you are subscribed to Mark Crispin Miller's 
"News From Underground" newsgroup.

To unsubscribe, send a blank email to 
[email protected] OR go to 
http://groups.google.com/group/newsfromunderground and click on the 
"Unsubscribe or change membership" link in the yellow bar at the top of the 
page, then click the "Unsubscribe" button on the next page. 

For more News From Underground, visit http://markcrispinmiller.com
-~----------~----~----~----~------~----~------~--~---

Reply via email to