U.S. judge says Congress can subpoena Bush aides

By James Vicini

WASHINGTON (Reuters) - A federal judge ruled on Thursday that Congress in its fight with the Bush administration can subpoena current and former top White House aides in its investigation over the firing of U.S. attorneys.

U.S. District Judge John Bates, who was appointed to the bench by President George W. Bush, rejected the administration's arguments that the aides were immune from such subpoenas and that Congress cannot force them to testify or turn over certain documents.

In a lengthy ruling totalling nearly 100 pages, he rejected the administration's request to dismiss the lawsuit that had been filed by the House of Representatives Judiciary Committee in March.

The lawsuit seeks to get testimony or documents from White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers.

The lawsuit charged that Bolten and Miers, cited by the House for contempt of Congress, defied subpoenas by refusing to testify or provide documents in the long-running investigation into the administration's 2006 firing of nine of the 93 U.S. attorneys.

It marked the first time the House or the Senate had ever filed a lawsuit to enforce a subpoena aimed at the White House.

"We disagree with the district court's decision," said White House spokeswoman Dana Perino. "We are reviewing it and once we've had a chance to do that we'll consider whether the decision should be appealed."

But House Judiciary Committee Chairman John Conyers viewed the decision as a victory for Congress.