Subpoena Battle: What's Next?

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Subpoena Battle: What's Next?
By Paul Kiel - July 9, 2007, 5:23 PM

Earlier today, the White House made it official and asserted executive privilege with regard to former White House aides testifying before Congress about the U.S. attorney firings. What happens next?

Enter the experts.

I asked Jonathan Turley of George Washington University Law School and Marty Lederman of Georgetown Law to walk me through.

First, although the president has "directed" Sara Taylor, Karl Rove's former aide, and Harriet Miers, the former White House counsel, not to testify, the decision is still up to them, both said. Although the traditional expectation is that aides will comply with determinations of executive privilege by the president, both could still refuse. It would be a "career ending move" to be sure, Turley added, but there is no legal impediment.

Taylor is still scheduled to testify before the Senate Judiciary Committee on Wednesday, and Chariman Patrick Leahy (D-VT) said yesterday that he expects her to show. You might call that an optimistic stance. Taylor's lawyer Neil Eggleston has not said outright that she won't testify. But he sent Leahy a letter on Sunday saying that the president would be asserting his privilege and that "absent the direction from the White House, Ms. Taylor would testify without hesitation before the Senate Judiciary Committee." In other words, it sounds like Taylor will accede to the president's assertion.

Even if Taylor decided to defy the president's direction and testify, the White House would surely seek to bar her testimony in court through a restraining order, an injunction, or some other means, both experts agreed.

But if Taylor refuses to testify, then the ball's in Congress' court.

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Nothin??? then if you do that then subpoena power is over and your all a joke