The No-Confidence Man

The Stone Wall Holds

For those hoping to see top White House aides dragged before a congressional committee before the end of Bush's term, it's game over.

Lara Jakes Jordan writes for the Associated Press: "A federal appeals court on Monday rejected House Democrats' demands to force two of President Bush's top aides to cooperate with an investigation about the firings of nine federal prosecutors in 2006. . . .

"Monday's ruling blocks a July order by U.S. District Judge John Bates to force former White House counsel Harriet Miers to testify before the House Judiciary Committee and current presidential chief of staff Josh Bolten to turn over documents about the controversial firings.

"Democrats say the firings, which led to the resignation of former Attorney General Alberto Gonzales last year, were politically motivated. That charge was backed up by an internal Justice Department investigation, which last week found 'substantial evidence that partisan political considerations played a part in the removal of several of the U.S. attorneys.'"

Carrie Johnson writes in The Washington Post: "The decision is a victory for the Bush administration, which for more than a year has fended off attempts by Democrats and the Justice Department's inspector general to trace the basis for the federal prosecutors' firings to the White House."

And, as she notes, "it remains unclear whether a new Congress will have the political will to chase the issue."

Here's the opinion by the three judges, two of whom were appointed by Republicans.

"The present dispute is of potentially great significance for the balance of power between the Legislative and Executive Branches. But the Committee recognizes that, even if expedited, this controversy will not be fully and finally resolved by the Judicial Branch--including resolution by a panel and possible rehearing by this court en banc and by the Supreme Court--before the 110th Congress ends on January 3, 2009. At that time, the 110th House of Representatives will cease to exist as a legal entity, and the subpoenas it has issued will expire."

Judge David S. Tatel, who was appointed by President Clinton, demurred somewhat, writing: "I am perplexed by the panel majority's willingness to grant a stay while hypothesizing that the expiration of the 110th Congress might moot the case before it is heard on the merits. Never have we granted a stay that would have the effect of irrevocably depriving a party of its victory in the district court. Nor have we authority to do so, for a stay in such circumstances would necessarily cause 'substantial' -- indeed, overwhelming -- harm."

Blogger Dday writes: "This is the crisis of accountability we are facing due to the expansiveness of executive power over decades and consistent enabling from the Congress as they fail time and again to enact basic oversight in real time. This scandal represents the failure of our system, a loophole in the Constitution that extremists have successfully exploited."

Prosecutor Watch

Meanwhile, Democrats on the House Judiciary Committee wrote a letter to Attorney General Michael Mukasey yesterday "seeking information about his appointment of a federal prosecutor to investigate the forced resignations of US Attorneys and related matters, as called for by a recent Inspector General/Office of Professional Responsibility Report." The letter raised "a series of questions regarding the safeguards being used to ensure the independence of the investigation, and sought information about the powers and responsibilities of the Acting United States Attorney. The Members also urged that there be a public accounting of the investigation at an appropriate time."

The Burlington (Vt.) Free Press editorial board writes: "The appointment last week of Nora Dannehy, a federal prosecutor from Connecticut, provides one last chance to force full disclosure by the Bush administration about partisan political pressure brought to bear in the firing of at least three of the U.S. attorneys."