United States DC Circuit

In a suit brought to compel testimony and the production of documents by White House officials in the Congressional investigation of the forced resignation of nine U.S. Attorneys in 2006, motion for stay pending an appeal of the district court's order to defendants to produce the requested documents and appear to testify is granted where: 1) the district court's orders had the effect of injunctions, and there was therefore appellate jurisdiction; but 2) even if expedited, the controversy would not be fully and finally resolved by the judicial branch prior to the end of the 110th Congress, when the subpoenas at issue would expire.

Appellate Information

• Decided 10/06/2008
• Published 10/06/2008

Judges

• Before: GINSBURG, RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Carl J. Nichols, Principal Deputy Associate Attorney General, U.S. Department of Justice, argued the cause for appellants.   With him on the motion for stay pending appeal and reply were Gregory G. Katsas, Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, and Scott R. McIntosh, Michael S. Raab, Mark R. Freeman, Sarang Vijay Damle, and Henry Whitaker, Attorneys.


• For Appellees:
  
• Irvin B. Nathan, General Counsel, U.S. House of Representatives, argued the cause for appellee.   With him on the opposition were Kerry W. Kircher, Deputy General Counsel, and Richard A. Kaplan, Assistant Counsel.