By Jesse J. Holland, Associated Press, August 7, 2008

7 Aug 2008 // Planning appeals, two senior White House advisers asked a judge Thursday to delay enforcement of his ruling that they have to testify before Congress.

White House chief of staff Joshua Bolten and former White House counsel Harriet Miers petitioned U.S. District Judge John Bates to place a hold on his ruling allowing White House aides to be subpoenaed by Congress.

Bates on July 31 rejected White House arguments that presidential confidants are protected from congressional subpoenas by executive privilege, giving free rein to Democrats who have been trying to get President Bush's aides to testify on the dismissal of nine federal prosecutors.

Without a quick stay of the ruling, Miers and Bolten may be forced to testify before an appeal can be heard, the two said in a court filing. Democrats have announced they would schedule hearings in September, at the height of election season.

"Whatever the proper resolution of the extraordinarily important questions presented, the public interest clearly favors further consideration of issues before defendants are required to take actions that may forever alter the constitutional balance of separation of powers," the Bolten and Miers request said.

A stay would also benefit Republicans, since the subpoenas expire at the end of the year, not long before Bush leaves office.

The case marked the first time Congress ever has gone to court to demand the testimony of White House aides. Bates' decision gave some teeth to Congress' power to investigate the executive branch, because earlier disputes had been settled through political compromise instead of the courts.

Bates has scheduled a conference between the litigants on Aug. 27 to take stock of whether negotiations over the subpoenas had moved forward.