NEW : Miers , others could still assert executive privilege during testimony , judge says . NEW : Issue may be moot ; subpoenas expire when this Congress ends in March . Congress claim of immunity `` without any support in case law , '' judge says . Congress wants former Harriet Miers aide Bush to testify .
NEW : Miers , others could still assert executive privilege during testimony , judge says . NEW : Issue may be moot ; subpoenas expire when this Congress ends in November . White House claim of immunity `` without any support in case law , '' judge says . House Judiciary Committee wants former Bush aide Harriet Miers to testify .