In the thirty-four years since United States v. Nixon was decided, the courts have routinely considered questions of executive privilege or immunity, and those issues are now "of a type that are traditionally justiciable" in federal courts, and certainly not unprecedented, as [Harriet Miers] contends.House Judiciary Committee v. Miers (.pdf; 93 pgs.)
Indeed, the aspect of this lawsuit that is unprecedented is the notion that Ms. Miers is absolutely immune from compelled congressional process. ... [Miers's] current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law.
The court goes on to describe Miers's argument as a circa 1974 "fallacy." Which is funny, because Harriet Miers told Senator Patrick Leahy that one of her favorite Supreme Court Justices was Warren Burger, and Burger authored United States v. Nixon, the opinion the D.C. district court today said "presaged" Miers's fallacy by 34 years.
And of course if George W. Bush had had his way, Harriet Miers would be on the United States Supreme Court right now. Fortunately, Mr. Jay $ekulow and several others intervened and located a more suitable white man, just in case Harriet Miers found herself in the untenable position of being sympathetic to women's issues.
Miers must now refuse to answer questions in person — NYT