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We'll See You in Court

03.10.08 -- 11:42AM
By David Kurtz

The House has filed suit in federal district court in D.C. to enforce its subpoenas over the executive privilege claims of Harriet Miers and Joshua Bolten.

I just glanced through the pleading very quickly, but it struck me as odd that the House hasn't brought in outside counsel to handle this case (at least not of record in the case). This could very well become the seminal case on the true scope of executive privilege, so the implications extend far beyond the U.S. Attorney scandal, which is what the subpoenas seek information about. The balance of power between Cngress and the Presidency is at stake. These are structural constitutional issues. This case will almost certainly go up on appeal, probably all the way to the Supreme Court.

It seems to me you would want a team of the country's best constitutional and appellate lawyers on the case from the outset, unencumbered by the usual business that the House Counsel's Office faces.

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