WASHINGTON — A federal judge Thursday rebuked the Bush administration for making the "unprecedented" claim that senior White House officials were beyond the reach of congressional subpoena power, and ordered two top officials to cooperate with the politically charged probe of U.S. attorney firings.
The ruling by U.S. District Judge John D. Bates -- appointed to the federal bench by President Bush in 2001 -- is believed to be the first time in history that a court has come to the aid of Congress in attempting to enforce subpoenas against the executive branch.
Bates' decision came in a lawsuit by the House leadership, which subpoenaed former White House Counsel Harriet E. Miers and Bush's chief of staff, Joshua B. Bolten.
Democrats said Bates' 93-page ruling vindicated their dogged efforts to check potential abuses under Bush, and tentatively set hearings for September. They said they expected White House officials to appear then to answer questions about the controversy over the fired prosecutors, which led to the resignation of Bush confidant and former Atty. Gen. Alberto R. Gonzales last year.
"The executive cannot identify a single judicial opinion that recognizes absolute immunity for senior presidential advisors in this or any other context," Bates wrote. "That simple yet critical fact bears repeating: The asserted absolute immunity claim here is entirely unsupported by existing case law."
The ruling was the latest by a court to rein in broad claims of executive power by the Bush administration. The White House has also been stymied repeatedly in its actions in the war on terrorism, such as its treatment of "enemy combatants."
"We disagree with the district court's decision," White House spokeswoman Dana Perino said Thursday.
Bates left unresolved whether administration officials would be justified in refusing to answer specific questions under the doctrine of executive privilege.
That question, and an anticipated White House appeal, means the controversy is likely to spill over into the next administration, where it could raise novel legal questions about whether ex-presidents have the power to assert executive privilege after they have left office. Since the subpoenas expire when the 110th Congress goes out of business in January, the incoming chamber would have to reissue them.
