CREW ANALYSIS ON COURT’S DECISION TO UPHOLD HOUSE JUDICIARY’S RIGHT TO QUESTION MIERS AND BOLTEN

31 Jul 2008 // Washington, DC – Today U.S. District Court Judge John D. Bates recognized Congress' right to sue to enforce its own subpoenas. The House Judiciary Committee subpoenaed Harriet Miers and Josh Bolten as part of its investigation into the improper firing of nine U.S. Attorneys. The White House refused to allow them to testify or provide documents and, after negotiations to resolve the dispute broke down and the Justice Department refused to enforce the subpoenas, the Committee sued Ms. Miers and Mr. Bolten. CREW filed an amicus brief in support of the Committee's right to enforce the subpoenas.

CREW's Chief Counsel Anne Weismann said, "This decision affirms Congress' right to investigate executive branch misconduct and rejects as unfounded the White House's view that it is above the law. This administration has consistently attempted to expand the definition of executive power and privilege beyond any possible legitimate constitutional interpretation. Today's opinion stops this effort cold." Weismann continued, "Although the government undoubtedly will appeal, we expect the Court of Appeals will follow Judge Bates' well reasoned opinion."