The U.S. Court of Appeals for the D.C. Circuit today issued a brief opinion in Committee on the Judiciary v. Miers. The Judiciary Committee is seeking to obtain records and testimony from Harriet Miers and Joshua Bolten. Both Miers and Bolten asserted executive privilege, prompting a contempt order from the committee, which then filed suit to force the production of records and their testimony. The District Court held that Miers was required to testify before the committee, but could assert executive privilege in response to specific questions that seek privileged information, and also ordered both to produce non-privileged records sought by the committee. Today's D.C. Circuit opinion granted Miers' and Bolten's motion for a stay of the district court judgment pending appeal, and denied the motion for expedited briefing of the case. The per curiam opinion was issued on behalf of Judges Ginsburg and Randolph. Judge Tatel wrote a separate opinion "concurring in the disposition of the motions."
UPDATE: The WaPo reports here.