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WH Gets Temporary Stay for Testimony
The latest in the back and forth between Harriet Miers and the House Judiciary, from the AP:
A federal appeals court has blocked former White House counsel Harriet Miers from testifying about the firing of nine U.S. attorneys until judges decide whether they have authority to wade into a battle that pits Congress against the Bush administration.Miers is supposed to testify at a House Judiciary Committee hearing next Thursday.
. . . The three-judge panel gave House lawyers until 4 p.m. next Wednesday to make its case on why the court should uphold an earlier ruling forcing Miers to testify. The Justice Department must submit its own argument -- why she should not -- two days earlier, on Monday.
We have the order here, full text after the jump.
Upon consideration of the motion for stay pending appeal, the opposition thereto,
and the reply; and the motion to expedite case and the response thereto, it is
ORDERED, on the court's own motion, that the district court's order of July 31,
2008, granting appellee's motion for partial summary judgment and denying appellants'
motion to dismiss, be stayed pending further order of this court. The purpose of this
administrative stay is to give the court sufficient opportunity to consider the merits of the
motion for stay, and it should not be construed in any way as a ruling on the merits of that motion. See D.C . Circuit Handbook of Practice and Internal Procedures 32-33 (2007).
FURTHER ORDERED that the parties submit supplemental memoranda, of no
more than 20 pages, addressing the following questions: (1) Does this court have
appellate jurisdiction over this appeal; (2) If the court does have appellate jurisdiction, will this case become moot upon expiration of the 110 Congress (see City of Los Angeles v. Lyons, 461 U.S. 95, 101-02 (1983); United States v. Munsingwear, 340 U.S. 36, 39-41(1950)); and (3) If the court does have appellate jurisdiction and were to grant the motion for stay pending appeal, what schedule for briefing the merits would the parties propose. Appellants' memorandum addressing these questions is due by 10 A.M. on Monday, September 8, 2008. Appellee's memorandum is due by 4 P.M. on Wednesday, September 10, 2008. The parties are directed to hand file and hand serve their submissions.
Josh
Zachary
The Fix is in. Bush has targeted the appeals court as his way out of any law breaking. With three justices, if Republicans can get two to do their deeds - all justice stops.
Remember how vicious they got when trying to shove their federal judges through - this is why.
QUIZ QUESTION: What is the link between Ken Starr and the Republicans use of propaganda?
Ken Starr sat on the DC circut court of appeals. It was his rulling that removed the "fairness doctrine" that had stood for over thrirty years as a way of preventing our airwaves from being used for propaganda.
He was then rewarded with the Clinton impeachment.
Fix the appeals court - and criminals go free. It is the Bush way of overthrowing democracy --- Unless of course, a judge takes his duty to country seriously and doesn't do what he is directed to do.
Here we go again - a fixed system of total corruption.
September 5, 2008 5:05 PM | Reply | Permalink
You are absolutely right electricphoto! Absolutely right!
And with such blatant corruption of our system of laws and government one has to wonder why the word corruption went almost without being mentioned at the Democratic Convention and why neither of our standard bearers talks about it? It was only the NUMBER ONE FUCKING ISSUE on the minds of voters in 2006 yet Democrats demure. What is this?
If our party is not the party of pussies and cowards and if it wishes to defeat the next corrupt crew that waits in the wings to continue the destruction of our nation, then they will start talking seriously and on a daily basis about the corruption of the Republican tyrants these past 8 years and they will do so on a daily basis! Unfortunately, I think that it may well be that though our grass and netroots are by no means pussies and cowards, that our leaders might be.
September 6, 2008 9:48 PM | Reply | Permalink
Ha ha! No impeachment, no stopping the wiretapping, we don't have to find the WMD, the military isn't going to lose in Iraq, we are going to keep fighting the terrorist and you can't stop anyone. Ha ha! The Unites States of America is going to survive even though you keep trying to destroy it. We are stronger than you and now we have Sarah! We are untouchable!!!!
September 6, 2008 10:01 PM | Reply | Permalink
I hate to say it, because OldSarg used to post some provocative stuff, that faithfully represented an alternative viewpoint.
But with this stuff, he really is starting to sound like crazed storm-trooper wanna-be; hiding in his basement until he can join the enforcement brigade and bust a few hippie heads.
September 7, 2008 2:49 PM | Reply | Permalink
It is not time to invest in porcine aviation.
No one in the Bush/Cheney cabal will ever testify.
Pigs will never fly.
September 5, 2008 6:16 PM | Reply | Permalink
Dubai is wonderful in January. Look for a mass exodus of neocons. All new neocons will be under the radar and infiltrating the new government.
September 5, 2008 6:41 PM | Reply | Permalink
Yeah the fix is in on both sides of the fence. A British rag reported that Biden declared he would pursue the Bush Administration after the election on criminal charges. Then bingo the next day he back tracked in a U.S. report. Hey Joe what gives? Are we all just fucked or what?
September 5, 2008 7:25 PM | Reply | Permalink
Leahy was interviewed at the Democratic convention, and when asked about investigations, he reminded the reporter that he'll still be there even after this administration is out of office. They may not get anything more accomplished before January 20, but there's still time afterwards. And those justices and judges might not feel so confident about their positions next year. I don't think a lifetime appointment counts if there's cause to remove a justice or judge.
September 6, 2008 1:51 AM | Reply | Permalink
As far as this American is concerned, the Court will be as corrupt as the Department of Justice until such time that it shows the American people that no one, including "President" George W. Bush and "Vice President" Dick Cheney are not so far above the law that they cannot be tried for war crimes committed in this country - against members of the American military.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
September 5, 2008 11:31 PM | Reply | Permalink
Mr. Josh Bolton and Ms. Miers look like they are the same person, only sometimes dressed as a woman. It's a harsh look!
September 6, 2008 2:27 AM | Reply | Permalink
Paris,
tsk, tsk, you beautiful slut. Harriet has been doing everything Katherine Harris suggested, but she only has so much to work with. Have some respect for age. If you survive your youthful foolishness, you may face the same problem some day.
September 6, 2008 10:57 AM | Reply | Permalink
Anyone know which presidents appointed these judges on the 3 judge panel that is putting the brakes on the Miers testimony?
September 6, 2008 4:33 AM | Reply | Permalink
You ask exactly the right question. It should have been answered in the second sentence of the article. There are so many GOP judges in the system the judiciary can no longer be trusted.
September 6, 2008 11:48 AM | Reply | Permalink
Did you notice how worthless CONYERS and his staff is?
Why don't they "tell us what questions" and "legal issues" they want answered?
Judges read papers.
Judges are weak cowardly gutless punks...who only want to appear to be righteous a/o safe within conventional thought and oppinion.
So how does Conyers plan on "getting judges on his side" when...NO JUDGE HAS A CLUE WHAT F--KING QUESTIONS NEED TO BE ANSWERED????????????????
September 6, 2008 11:16 AM | Reply | Permalink
Lincoln Shot
how exactly is it "news" that Bush admin won't testify, etc?
September 6, 2008 8:57 PM | Reply | Permalink
This is a "temporary" situation, is it?
It's been temporary for almost a decade that nobody in the Bush/Cheney crowd will be held accountable in any way. It's a temporary perpetual hold.
September 7, 2008 12:24 PM | Reply | Permalink
My Question: Can someone tell me election-wise how important are these US attorney positions? Can these attorneys affect voting, counting of votes, dimpled ballots and such stuff? Just makes me wonder why the Bush admin took all this effort to fire them and now stonewalling the testimony. Just what are they hiding?
September 8, 2008 9:36 AM | Reply | Permalink
Do I detect the scent of Hizdishonor David Sentelle wafting through this article?
Lest we forget, Judge Sentelle, Jesse Helms and Lauch Faircloth concocted the Ken Starr/Monica Lewinsky fiasco after Michael Chertoff (yes, THAT Michael Chertoff) finally figured they had nothing on the Clinton in the Whitewater persecution?
Three Separate but Equal Branches?
Forget both separate and equal, under the Bush mal-administration, the judiciary has become an appendage of the executive branch.
I'll let all of you decide where that appendage extends from...
September 8, 2008 2:44 PM | Reply | Permalink
Go to TOMFLOCCO.COM to see three stories on THE HUGE MAFIA RICO FELONY MEDICAID SCANDAL that some dead US Attorneys were nipping at.
Dead US Attorneys in Texas.
Dead US Attorneys in Florida.
CAROL LAM was...in on alot of high level indictments and investigations....including a medicaid fraud case.
LAM had alot on her plate...and was not backing down.
http://www.tomflocco.com/fs/UsAttDeathsFirings.htm
..."Reports out of Kansas City revealed that during the Medical Supply case legal discovery filed on March 9, 2005, company founder Samuel Lipari discovered a Justice Department memo revealing that Gonzales had targeted ten U.S. attorneys, including Graves, with three names having been redacted from the list.
A January 9, 2006 email from Gonzales chief of staff Kyle Sampson to Harriet Miers and William Kelley at the White House showed the original ten; and attorneys such as Graves who voluntarily resigned under pressure were simply redacted from Gonzales’ target list of those refusing to resign, ultimately resulting in the suspect and uncommon firings occurring so late into a presidential term.
The Medical Supply discovery also turned up a December 4, 2006 email from Gonzales Chief of Staff Kyle Sampson targeting Carol Lam for removal, after which she was fired on December 7, 2006 with six other U.S. attorneys who also refused to resign."...
September 8, 2008 2:55 PM | Reply | Permalink
The near-future 111th represents a Congress where Bush can't pardon anyone.
There's a lot of justice still to be had, in an era where the guilty won't get any get out of jail free cards.
And considering how worshipful so many wingnuts are i.e.; "We have Sarah!", sounds almost like she's replaced Jesus for some of the fundies.
They talked alot about idol worship and rock stars when Obama caught the wave, now they seem quite willing to put this Mean Girl ahead of their faith and turn her into their new miss-iah.)
One thing they don't admit about Palin is that she's LAZY. Every job she ever had she slacked-off at.
Think I'm prejudiced? Sarah Palin is a typical priveledged clacker. She couldn't even stay in one college for more than a couple semesters, because her profs figured her out if she hung around long enough. Just look at the list of her jobs, even when she was a mayor, they had to hire a real professional to do her job for her because she was too lazy to learn what it took.
Slacker Sarah?
Forget the lazy Suzan, we now have Lazy Sarah. A lot of tough talk, but make her work at a real job for more than a few hours in a day and she gets nervous and grouchy.
September 8, 2008 3:11 PM | Reply | Permalink
OOPS! Tatel, Ginsburg and Randolph; Sentell was nowhere on the list, but who knows he may be hiding in the chambers?
September 8, 2008 3:31 PM | Reply | Permalink