Appeals court backs Miers, Bolten refusal to face Congress

From CNN Justice Producer Terry Frieden

WASHINGTON (CNN) - Former White House Counsel Harriet Miers and President Bush's current Chief of Staff Josh Bolten do not have to cooperate - at least this year - with a congressional committee investigating the firings of U.S. Attorneys, a three-judge federal appeals panel in Washington ruled Monday.

The U.S. Court of Appeals for the District of Columbia said as a practical matter, the case cannot be resolved before the current session of Congress ends, so a new Congress will have to decide whether to pursue the matter.

In June, Democrats controlling the House Judiciary Committee issued a subpoena to Miers seeking to compel her to produce documents and to appear before the Committee to testify about the firings of nine federal prosecutors. The Committee also issued a subpoena to Bolten to produce documents. Both fought the subpoenas, and District Court Judge John Bates ruled they must honor the Congressional demands. The appeals court reversed that ruling.