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MONDAY, NOVEMBER 23, 2009
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Executive Privilege Goes to Court

Ruling in lawmakers' challenge could cement power grab

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(Newser) – The civil suit brought by Congress as it investigates the 2005-06 firings of US attorneys is becoming a groundbreaking constitutional tussle that could decide the true scope of executive privilege. The precedent that could be set in the ruling from a US district court is now more significant than the truth behind the firings, Mother Jones reports.

If a judge decides Congress has no right to pursue in civil court contempt citations against two Bush administration officials, it will close that avenue permanently, essentially cementing the executive power grab. Things are muddier if there's a ruling: The White House could try to "run out the clock" by extending appeals past the current government's expiration date in January—leaving matters unresolved.

House Speaker Nancy Pelosi of Calif. speaks during a news conference on Capitol Hill in Washington, Tuesday, Jan. 29, 2008.
House Speaker Nancy Pelosi of Calif. speaks during a news conference on Capitol Hill in Washington, Tuesday, Jan. 29, 2008.   (AP Photo)
Former White House counsel Harriet Miers begins her courtesy calls on the Senate, in this Oct. 3, 2005, file photo, in Washington.
Former White House counsel Harriet Miers begins her courtesy calls on the Senate, in this Oct. 3, 2005, file photo, in Washington.   (AP Photo/Lawrence Jackson)
White House Chief of Staff Joshua Bolten speaks in the Eisenhower Executive Office Building in Washington in this Feb. 7, 2005 file photo.
White House Chief of Staff Joshua Bolten speaks in the Eisenhower Executive Office Building in Washington in this Feb. 7, 2005 file photo.   (AP Photo/J. Scott Applewhite, File)
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