Update on HJC v. Miers

CIVIL PRACTICE

Committee on the Judiciary of the United States House of Representatives v. Miers

(D.C. Cir. 10/06/2008)

The D.C. Circuit granted the appellants' motion for stay pending appeal of a decision of the U.S. District Court for the District of Columbia in a dispute between the Committee on the Judiciary of the U.S. House of Representatives and the White House. The committee subpoenaed former White House Counsel Harriet Miers and Chief of Staff Joshua Bolten regarding the forced resignation of nine U.S. attorneys in 2006. When the White House asserted executive privilege to block the subpoenaed testimony and document production, the committee filed suit seeking to enforce compliance. The district court declared that Miers was legally required to appear and testify, although she could invoke executive privilege in response to specific questions, and ordered the appellants to produce all nonprivileged documents and provide logs describing any documents not produced. The appellants appealed, moving for a stay pending disposition of the appeal and requesting expedited briefing and oral argument.

The court granted the stay but denied the motion for expedition on the grounds that, even if expedited, the controversy between the legislative and executive branches would not be resolved when the 110th Congress ends on Jan. 3, 2009, and the subpoenas expire, and could become moot.

For appellants: Carl Nichols, Department of Justice, Washington, D.C.

For appellee: Irvin Nathan, U.S. House of Representatives, Washington, D.C.