Federal court judge Patrick Bates yesterday denied the White House’s request to hold his ruling that compels Harriet Miers, the former White House counsel, to testify to Congress. Bates ruled in July that Miers could not use a Presidential assertion of executive privilege to claim absolute immunity from sworn, public testimony. The House Judiciary Committee has subpoenaed Miers to talk about the dismissal of nine U.S. Attorneys. Also, Chief of Staff Josh Bolten must turn over subpoenaed documents regarding U.S. Attorneys.

Alberto Gonzales may have resigned. But what the White House knew and did in the politically motivated firing of U.S. Attorneys remains in many ways a mystery. Who orchestrated the firings? How much did it affect the day-to-day jobs of federal prosecutors? How much did the Bush administration try to make the Justice Dept. a partner of the Republican National Committee? How successful were they?

The federal court case at hand is primarily about George W. Bush’s abuse of the executive privilege assertion. But if Miers ever does testify, judiciary committee members better come prepared.-MB

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