This Time, There Won't Be Cake

"The only harm that the Committee would incur if the court issues a stay is a delay of a few months in enforcing the subpoena," Justice Department lawyers wrote in their filing.

The volley highlights how far the Bush administration seems ready to go to avoid testimony from Miers, as well as to halt any production of documents by White House Chief of Staff Joshua B. Bolten. Democrats are seeking the information as part of their inquiries into the firings of nine U.S. attorneys in 2006.

The government argues that Miers does not even have to show up for a hearing because her testimony is wholly covered by executive privilege, which protects internal deliberations. But many legal experts, as well as the judge in the case, argue that the White House has dramatically overreached.

As Bates wrote acidly: "It is difficult to see how the Executive can demonstrate that it has a substantial likelihood of success on appeal, or even that a serious legal question is presented."

Mark J. Rozell, a George Mason University professor who wrote a book about executive privilege, says the irony of the case is that the administration could end up undermining presidential power.

"If the president indeed wants to strengthen the idea of executive privilege, engaging in delay tactics and continually losing in the courts in this way is ultimately weakening the principle," Rozell said. "If they are acting to just run out the clock, over time they're weakening the whole concept."

Quote of the Week

"Because he's got class."

-- White House press secretary Dana Perino, explaining why Bush did not intend to attack Barack Obama in his now-canceled GOP convention speech.