WH Gets Temporary Stay for TestimonyThe 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.