CREW filed an amicus brief in the case Committee on the Judiciary v. Miers. We've been awaiting today's decision, which found that the Bush administration's claim of executive privilege did not prevent high level staffers from testifying.

Here's our statement from Chief Counsel Anne Weismann:

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.  Although the government undoubtedly will appeal, we expect the Court of Appeals will follow Judge Bates' well reasoned opinion.

More from the Washington Post:

A federal judge today ruled that a former top aide to President Bush is required to appear before a congressional committee, rejecting an argument by the White House that she was shielded by executive privilege from giving such testimony.

In rejecting the White House position, U.S. District Judge John D. Bates ruled that former White House counsel Harriet E. Miers is legally required to appear before the House Judiciary Committee.

But, Bates ruled, Miers can invoke executive privilege in response to specific questions. The White House had argued that Miers and Chief of Staff Joshua B. Bolten were shielded from appearing or providing documents to the committee by absolute immunity under the legal doctrine of executive privilege.

"The Executive cannot identify a single judicial opinion that recognizes absolute immunity for senior presidential advisors in this or any other context," Bates wrote in a 93-page opinion. "That simple yet critical fact bears repeating: the asserted absolute immunity claim here is entirely unsupported by existing case law."

Bates also ordered that Bolten and Miers to produce all "non-privileged documents requested by" the committee in subpoenas.