Judge Refuses To Hold Subpoenas for Bush Appeal
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

WASHINGTON — A federal judge who ruled last month that top White House advisers must comply with congressional subpoenas refused to put that ruling on hold yesterday while the Bush administration appeals.
The House Judiciary Committee wants to force the White House chief of staff, Joshua Bolten, and a former White House counsel, Harriet Miers, to testify about the firing of federal prosecutors and the politicization of the Justice Department.
The White House contends that top aides are immune from such subpoenas.
U.S. District Judge John Bates rejected that argument last month but the Bush administration appealed. The White House said it should not have to comply with the subpoenas while the appeal plays out.
Judge Bates, who was appointed by President Bush, said a delay would not be in the public interest.
If a delay is granted, he said, “There is a very strong possibility that the committee will be unable to complete its investigation before Congress expires. That may leave important public concerns regarding the nation’s federal criminal justice system unaddressed.”
Judge Bates also rejected the core of the government’s argument: that it was likely to prevail at the appeals court.
“Simply calling an issue important — primarily because it involves the relationship of the political branches — does not transform the executive’s weak arguments into a likelihood of success,” Judge Bates wrote.
Yesterday’s ruling could reinvigorate negotiations between the two branches to settle the dispute, but the White House can still try to get the ruling put on hold if it asks an appeals court to do so.