Unexpected

This would be a major victory for the separation of powers:

A federal judge has sided with Congress in its fight with the Bush administration over whether top White House aides can be subpoenaed by Congress.

The House Judiciary Committee wants to question the president's chief of staff, Josh Bolten, and former legal counsel Harriet Miers, about the firing of nine U.S. attorneys.

But President Bush says they are immune from such subpoenas. They say Congress can't force them to testify.

U.S. District Judge John Bates said there's no legal support for that stance. He refused to throw out the case and said the aides can be subpoenaed.

The case always rested on the Bush Administration's conception of the executive branch as a kingship. Even the judge from Ken Starr's grand jury is balking at that one. This is from the opinion:

Indeed, the aspect of this lawsuit that is unprecedented is the notion that Ms. Miers is absolutely immune from compelled congressional process. The Supreme Court has reserved absolute immunity for very narrow circumstances, involving the President’s personal exposure to suits for money damages based on his official conduct or concerning matters of national security or foreign affairs. The Executive’s current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law.

We have a President, not a king. Who knew?

Of course, paraphrasing Andrew Jackson, the judge has made his decision, now let him enforce it.

(if they can, this has major implications for Karl Rove)