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Archive of entries posted on March 2008

Legislative Privilege and Congressional Standing

      As discussed previously, the House appears to have a standing problem under the analysis adopted in Walker v. Cheney.  But it makes little sense to suggest that the House’s injury (or that in Walker itself) is not concrete and particularized.  The House Judiciary Committee subpoenaed Harriet Miers to appear for testimony on a particular [...]

Committee on the Judiciary v. Miers: Will the House Have a Leg to Stand on?

           The House’s contempt lawsuit has been assigned to Judge John Bates, who in 2002 dismissed the GAO’s suit against the Vice President in Walker v. Cheney, 230 F.Supp.2d 51 (D.D.C. 2002).  In that case the Comptroller General (who heads the GAO), sought a court order that the Vice President produce certain information relating to [...]

Guess the Odds Don’t Always Favor the House

House General Counsel’s office files contempt lawsuit against Bolten and Miers on behalf of the Judiciary Committee.  The case is assigned (presumably randomly) to Judge Bates, who held in Walker v. Cheney that the Government Accountability Office lacked standing to sue the executive branch.  From the House’s perspective, the worst possible draw. Tweet