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Bush Advisers Not Immune To Law

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The Associated Press

Published: August 1, 2008

WASHINGTON - President Bush's top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in an unprecedented dispute between the two political branches.
Congressional Democrats called the ruling a ringing endorsement of the principle that nobody is above the law. They swiftly announced that the Bush officials who have defied their subpoenas, including Bush's former top adviser Karl Rove, must appear as part of a probe of whether the White House directed the firings of nine federal prosecutors. Democrats announced plans to open hearings at the height of election season.

The Bush administration was expected to appeal.

In his ruling, U.S. District Judge John Bates said there's no legal basis for Bush's argument and that his former legal counsel, Harriet Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force testimony from White House chief of staff Joshua Bolten.

"Harriet 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 nonprivileged documents related to the firings.

House Speaker Nancy Pelosi, D-Calif., left open the prospect of a full House vote on a contempt citation against Rove, who defied his subpoena to appear before the Judiciary Committee on July 10.

"It certainly strengthens our hand," she said of Bates' ruling.

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