UPDATE: The U.S. Court of Appeals for the D.C. Circuit today set oral argument in the White House subpoena case for September 16th at 2:30 p.m. before Circuit Judges Douglas Ginsburg, David Tatel, and Raymond Randolph. The sides each have 15 minutes.
Strike up a win for now in the Justice Department’s ongoing efforts to prevent former White House counsel, Harriet Miers, from testifying before the House Judiciary Committee.
Former Supreme Court nominee Miers was scheduled to appear today to answer questions about the controversial firing of nine U.S. Attorneys in 2006, but the hearing was abruptly postponed this morning.
The U.S. Court of Appeals for the D.C. Circuit has yet to rule on whether Miers can be compelled to testify. Last Thursday, the court stayed a July 31 district court order stating that Miers and White House chief of staff Joshua Bolten can’t rely on executive privilege to avoid complying with congressional subpoenas. The committee has issued Bolten a subpoena to hand over a privilege log.
The Court of Appeals D.C. Circuit ordered both sides to file further submissions this week on whether the court has appellate jurisdiction and whether the case becomes moot upon expiration of the 110th Congress.
The Justice Department argues that the separation of powers and presidential autonomy mean the president’s closest advisers can’t be compelled to testify or turn over documents to Congress.