Karl Rove, Harriet Miers And Joshua Bolton On The Horns Of A Dilemma. As Is White House Counsel Fred Fielding.
On July 31, 2008 Judge Bates of the Federal District Court found that former Presidential Counselor Harriet Miers and present Chief Of Staff Josh Bolton must appear before the House Judiciary Committee and answer questions and produce documents about the politicalization of the Justice Department, the firing of the nine U.S. Attorneys and presumably who Monica Goodling, Justice Department liaison with the White House, was liaising with when she was vetting Assistant U.S. attorneys and other people at Justice along political, religious and sexual orientation lines. Obviously she was too young and too ignorant to commit the gross injustices and crimes she did without the direction of a more devious and corrupt mentor.
Judge Bates found that there is no blanket Presidential Executive Privilege Immunity and the House Judiciary Committee could subpoena White House personnel for questioning and production of documents on their activities while in office. Indeed there are no laws justifying the conduct of these White House employees. They can appear and either invoke the Fifth Amendment Privilege against self incrimination or possibly assert the Presidential Privilege again. However Judge Bates has said this objection only applies in extreme cases as in national security and not in the present case.
Karl Rove also failed to appear and give testimony saying he was protected by Presidential Privilege. The Judiciary Committee has voted to request a contempt citation for him. Currently the request is waiting for Nancy Pelosi to call a full vote by the House on a contempt citation as was done in the Miers and Fielding cases. Presumably after Judge Bates’s decision she will if Rove doesn’t appear and testify.
Attorney General Mukasky who was appointed and approved by Congress on the promise that he would clean up the Justice Department refused to criminally enforce the Miers and Fielding citation. Thus the matter went to
Miers and Bolton may appeal the judge’s decision. However if they do, and the appellate court rules against them after the Bush administration has left office they will not be in a position to seek a presidential pardon.
However Bush may pardon them anyway for any crimes they may have committed while in office when he is about to leave office and before a ruling. This would be politically explosive and whether he will do this remains to be seen. It could be seen as a gross disregard and contempt for the rule of law as seen in the Watergate case.
It would also be an admission of wrongdoing by his White House and it could be grounds for the appointment of a special prosecutor by who ever is the new attorney general to delve into Bush’s his own conduct in the controversy.
Chairman Conyer’s has already sent letters to the lawyers for Rove, Miers and Bolton for compliance with the court’s order.*
The ball is in Miers, Bolton and Rove’s court as to whether they will appear and testify or appeal.
* Full text of the order:
Upon consideration of  defendants’ motion to dismiss and  plaintiff’s motion for partial summary judgment, the oppositions and replies thereto, the various amicus briefs filed in this matter, the entire record herein, the hearing on June 23, 2008, and for the reasons identified in the Memorandum Opinion issued on this date, it is hereby
1. ORDERED that defendants’  motion to dismiss is DENIED; it is further
2. ORDERED that plaintiff’s  motion for partial summary judgment is GRANTED IN PART; it is further
3. DECLARED that Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena from plaintiff; and Ms. Miers may invoke executive privilege in response to specific questions as appropriate; it is further
4. ORDERED that Joshua Bolten and Ms. Miers shall produce all non-privileged documents requested by the applicable subpoenas and shall provide to plaintiff a specific description of any documents withheld from production on the basis of
executive privilege consistent with the terms of the Memorandum Opinion issued on this date; and it is further
5. ORDERED that the parties shall appear at a status call in this matter at 9:15 a.m.on August 27, 2008.
JOHN D. BATES
UNITED STATES DISTRICT JUDGE
Date: July 31, 2008