Way To Rub It In

Judge rules White House aides can be subpoenaed – International Herald Tribune

Bates, who was appointed to the bench by Bush, issued a 93-page opinion that strongly rejected the administration’s legal arguments. He noted that the executive branch could not point to a single case in which courts held that White House aides were immune from congressional subpoenas.

That simple yet critical fact bears repeating: the asserted absolute immunity claim here is entirely unsupported by existing case law,” Bates wrote.


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One Response to Way To Rub It In

  1. Max says:

    This comes as a relief to those who prefer a republic to an empire. (Myself included.) Election years are a good time to reflect on the need to avoid the pressure toward an “elective monarchy”!

    I haven’t read any of the legal background, so of course I’m bullshitting utterly. I like the result, but I have no sense of the relevant case law. FWIW, a 93-page opinion (your emphasis) isn’t unusual in length, in my experience — at least for cases of this magnitude. Among recent big cases, Heller v. D.C. and In re Marriage Cases were both in the same ballpark.

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