House Judiciary seeks speedy ruling in contempt case against Bolten, Miers

The House General Counsel's Office, which is representing the Judiciary Committee in a civil contempt lawsuit against White House chief of staff Josh Bolten and former White House counsel Harriet Miers, has asked a federal judge to set up an expedited schedule to resolve portions of the case, a schedule that would require a ruling by this summer, according to court documents filed today.

The Justice Department, which is representing Bolten and Miers in the case, countered that the only reason the Judiciary Committee is seeking a speedy determination of the case is so that it "recommence prior to Congress' August recess" its investigation into the firing of nine U.S. attorneys in 2006. The Justice Department wants a slower review of the contempt case, and it is already warning that it may appeal any ruling that goes against it.

In its filing, the House said it intended to seek "partial summary judgment" against Bolten and Miers "at this stage of the litigation" on two issues: first, that Miers failed to even appear in response to a Judiciary Committee subpoena seeking information or documents she might have on the prosecutor purge; and second, the failure of Bolten or Miers to provide a "privilege log when withholding documents' on the grounds of executive privilege. President Bush asserted executive privilege in refusing to allow Bolten and Miers to appear before ,or turn over internal White House documents to, the Judiciary Committee on the firings.

The Justice Department has refused to bring criminal contempt charges against Bolten and Miers, relying on DOJ opinions stating that it cannot do so in such cases. As an alternative, the Judiciary Committee filed its own civil action against Bolten and Miers.

"The Committee seeks to resolve this litigation expeditiously so that it can obtain the information sought by the subpoenas, complete its investigation, and take any resulting legislative action before the 110th Congress ends in January 2009," the General Counsel's Office stated in its filing today. The House lawyers envision having all arguments completed by May 14, making it likely that U.S District Judge John D. Bates would rule by the end of the summer.

The Justice Department, in its own motion, stated that the case "raises complex constitutional issues... that bear on inter-branch relationships and on the operations of the executive branch at its highest levels."

The Justice Department blamed the House for "any purported concern about timing," pointing out that the Congress could have moved at any point since July 2007 to bring a contempt action against Bolten and Miers. Instead, the Democratic leadership waited eight months before forcing a floor vote on contempt resolutions against Bolten and Miers, due in part to concerns from some rank-and-file Democrats over the wisdom of such a move.

DOJ also noted that that the loser in the District Court is likely to appeal, "thereby casting doubt on whether there will be any final resolution ... even before the August recess."

The Justice Department said that Bolten and Miers can file their own motions against the lawsuit, which could further delay the case, and that federal rules in civil cases normally grant the government more time to respond to the initial complaint.

DOJ is asking that Bates to adopt a slower schedule under which all motions would be heard no later than July 2, making it much less likely that there would be a ruling by the fall.

Bates is set to speak to both sides about their proposed schedules on Friday.