With five months left in the Bush administration, Harriet Miers, the former White House counsel, and Josh Bolten, the White House Chief of Staff, appear to be leaving no stone unturned in resisting a Congressional subpoena.

Last week, a federal judge ruled that the President asserting executive privilege on behalf of the duo does not make them immune from producing subpoenaed documents (in the case of Bolten) and public, oral testimony (for Miers). But now the Washington Post’s Dan Eggan reports that White House attorneys informed the D.C. circuit court that "the public interest clearly favors further consideration of the issues."

Whether a further delay benefits the public is questionable. But it would greatly benefit Bolten and Miers, who otherwise would have to give information about fired U.S. Attorneys before the House Judiciary Committee in September. The end game is presumably a delay that spans into the next administration — when these subpoenas will have expired.-MB

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