The United States District Court for the District of Columbia has just issued its slip opinion in the case Committee on the Judiciary, U.S. House of Representatives v. Harriet Miers, et al. This is the case in which the House Judiciary Committee seeks a judicial determination that former White House Counsel Miers must comply with a subpoena and appear before the Committee to testify regarding the illegal politically motivated forced resignations of nine United States Attorneys in late 2006, and that current White House Chief of Staff Josh Bolten must comply with a subpoena and produce a privilege log.
The bottom line is that the District Court sacked the fuck up and told Bush that he is not a motherfucking King, that the United States is a nation of laws, and that Bush and his scumbag courtiers are subject to those laws. More detailed analysis is inside the crack.
The judicial decision eviscerates two different legal arguments made by Bush’s consiglieres.
First, Bush’s legal minions argued that this dispute between the Executive branch and the Legislative should not even be heard by the Judiciary, which should allow the Executive and the Legislative to fight it out in the political arena. The Executive went so far as to claim that judicial resolution of disputes between the Executive and Legislative concerning executive privilege or immunity is “unprecedented”.
The District Court laughed its motherfucking ass off at this ridiculous argument, so pathetic that it would get your ass failed if you made it in a first-year Constitutional Law class:
[T]he Supreme Court has confirmed the fundamental role of the federal courts to resolve the most sensitive issues of separation of powers.
Second, the District Court also continued laughing its motherfucking ass off at the Bush regime’s cockamamie substantive claim on the merits:
[T]he aspect of this lawsuit that is unprecedented is the notion that Ms. Miers is absolutely immune from compelled congressional process.
* * *
The Executive’s current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law.
PWND!! Bush’s scumbag legal minions are making arguments that are absolutely laughable in their MASSIVE FAIL!!!1!1!! Desperate pathetic arguments of rats on a sinking ship.
The Executive cannot identify a single judicial opinion that recognizes absolute immunity for senior presidential advisors in this or any other context. That simple yet critical fact bears repeating: the asserted absolute immunity claim here is entirely unsupported by existing case law. In fact, there is Supreme Court authority that is all but conclusive on this question and that powerfully suggests that such advisors do not enjoy absolute immunity.
This is judicial legalese for “You fucking fuckwits are pulling shit out of your asses and it’s FUCKING PISSING ME THE FUCK OFF!!!!”
HAHAHAHAHAHAHAHAH!!!!!! (Of course, the scumbag lawyers making these depraved arguments will all get cushy wingnut welfare jobs after the Bush regime leaves office in January.)