Meirs and Bolton were previously held in contempt in the Senate, click here.
This is only the latest loss of the Bush Administration in court. President Bush surrounded himself with extremists from the bar and teaching academy like John Ashcroft, Alberto Gonzales, Professor Viet Dinh, and Professor John Yoo. Even before 9-11, they tried to establish an imperial presidency model that dwarfed that of Richard Nixon.
Judge Bates rejected the latest such claim and said that these officials are not immune from subpoenas. The question is now whether Mukasey will yield to this independent assessment — and the vast majority of experts — and comply with federal law.
The Democrats will likely fire off a new letter to Mukasey. However, if he will not yield to the courts or to Congress, it is time for Congress to use its own inherent contempt power. Mukasey has not only maintained an implausible argument (now rejected by the court), but he has broken a long-standing tradition with Congress. Congress voluntarily suspended these trials under its inherent contempt powers with an understanding that the Justice Department would not obstruct efforts to hold officials accountable. That is precisely what Mukasey is doing in this case, click here.