WASHINGTON — President Bush’s top advisers must honor subpoenas issued by Congress, a federal judge ruled on Thursday in a case that involves the firings of several United States attorneys but has much wider constitutional implications for all three branches of government.

“The executive’s current claim of absolute immunity from compelled Congressional process for senior presidential aides is without any support in the case law,” Judge John D. Bates ruled in United States District Court here.

Unless overturned on appeal, a former White House counsel, Harriet E. Miers, and the current White House chief of staff, Joshua B. Bolten, would be required to cooperate with the House Judiciary Committee, which has been investigating the controversial dismissal of the federal prosecutors in 2006.

It was the latest setback for the Bush administration, which maintains that current and former White House aides are immune from congressional subpoena. On Wednesday, the House Judiciary Committee voted along party lines to recommend that Karl Rove, a former top political adviser to President Bush, be cited for contempt for ignoring a subpoena and not appearing at a hearing on political interference by the White House at the Justice Department.

The House has already voted to hold Ms. Miers and Mr. Bolten in contempt for refusing to testify or to provide documents about the dismissals of the United States attorneys, which critics of the administration have suggested were driven by an improper mix of politics and decisions about who should, or should not, be prosecuted.

Judge Bates, who was appointed to the bench by President Bush in 2001, said Ms. Miers cannot simply ignore a subpoena to appear but must state her refusal in person. Moreover, he ruled, both she and Mr. Bolten must provide all non-privileged documents related to the dismissals.

In essence, Judges Bates held that whatever immunity from Congressional subpoenas that executive branch officials might enjoy, it is not “absolute.” And in any event, he said, it is up to the courts, not the executive branch, to determine the scope of its immunity in particular cases.

“I have long pointed out that this administration’s claims of executive privilege and immunity, which White House officials have used to justify refusing to even show up when served with congressional subpoenas, are wrong,” said Senator Patrick J. Leahy, Democrat of Vermont who is chairman of the Senate Judiciary Committee.

Mr. Leahy’s House counterpart in the House had a similar reaction.

“Today’s landmark ruling is a ringing reaffirmation of the fundamental principle of checks and balances and the basic American idea that no person is above the law,” said Representative John D. Conyers, the Michigan Democrat who is chairman of the House Judiciary Committee.

http://www.nytimes.com/2008/08/01/washington/01SUBPOENA.html?hp

Of course Bush, who thinks he is above the law, has appealed the decision..

Im glad to see that Congress is still pursuing the Administrations criminal activities though.
I only hope that one day we will see prosecutions!!

executive privilege is a crock

makes them think they are above the law

granted some things are security sensitive

but there should be a security board to review questionable behavior

now maybe we can get some of the facts out, but in the end. both democrats and republicans will protect each other,