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Published: August 1, 2008 3:00 a.m.

Ruling opens Rove, aides to subpoenas

Laurie Kellman
Associated Press
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  President Bush says he’s using his last six months in office to push new energy plans that include electricity and coal.

Reliable sources of electricity must be part of a strong economy, and “there is no more reliable source of electricity than coal,” Bush said in a speech Thursday to the West Virginia Coal Association.

He said promoting a variety of energy sources will be part of the “sprint to the finish” he plans for his presidency.

Coal should be part of the solution to reduce dependence on foreign oil, he said, adding that the United States has 250 years of coal reserves that leave the country “in good shape.”

WASHINGTON – A federal judge on Thursday rejected President Bush’s contention that senior White House advisers are immune from subpoenas, siding with Congress’ power to investigate the executive branch and handing a victory to Democrats probing the dismissal of nine federal prosecutors.

The unprecedented ruling undercut three presidential confidants who have defied congressional subpoenas for information that Bush says is protected by executive privilege. Democrats swiftly announced they would schedule hearings in September, at the height of election season.

House Speaker Nancy Pelosi said the House could soon vote on a contempt citation against one of the three officials, Karl Rove, formerly Bush’s top adviser.

“It certainly strengthens our hand,” she said of the ruling. “This decision should send a clear signal to the Bush administration that it must cooperate fully with Congress and that former administration officials Harriet Miers and Karl Rove must testify before Congress.”

That wasn’t clear at all to the White House or Rove’s attorney. Bush administration lawyers were reviewing the ruling and were widely expected to appeal. They also could seek a stay that would suspend any further congressional proceedings.

“I have not yet talked with anyone at the White House ... and don’t expect that this matter will be finally resolved in the very near future,” Rove attorney Robert Luskin said.

The case marked the first time Congress ever has gone to court to demand the testimony of White House aides.

In his ruling, U.S. District Judge John Bates said there’s no legal basis for Bush’s argument and that his former legal counsel, Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force White House chief of staff Joshua Bolten to release documents on any role the White House may have played in the prosecutor firings.