On Monday, the D.C. District Court hears arguments in an ongoing legal show-down between the House Judiciary Committee and former White House counsel Harriet Miers and White House Chief of Staff, Joshua Bolten.

In a dramatic assertion of executive power, the Administration argues that Bolten and Miers are both absolutely immune from Congressional subpoena power. The Judiciary Committee subpoenaed Miers and Bolton in connection with its investigation into the firing of several U.S. Attorneys in late 2006.

The argument could have an important impact on efforts to curb executive power in the post Bush era. The Administration argues not only that Presidential aides are immune from complying with Congressional subpoenas, but that the Courts lack authority to review the Administration's immunity claim.

A victory for the Administration would dramatically enhance the power of the executive -- at the expense of Congress, and, would undermine Congress' authority to provide a check on executive over-reach.

The questions at issue during Monday's argument arise in the context of defendant Mier's and Bolten's motion to dismiss; hence, if the Court accepts defendants' argument, it is spectacularly less likely that the public will ever know what role the White House played in U.S. Attorney firings that many believe were politically motivated.

Emily Berman, an attorney at the Brennan Center for Justice at NYU School of Law, filed an amicus brief in support of the Judiciary Committee's position. Emily is available to speak about the case and the issues at stake both before and after Monday's argument before the D.C. District Court.

To schedule an interview, please contact Susan Lehman, 212.998.6318, susan.lehman@nyu.edu