NEW : Miers , who could still exercise executive authority during Congress , judge says . ` I 'm sure it 'll be appealed and it 'll go on into next year and it 'll become a moot issue , '' he said . NEW : Issue may be moot ; subpoenas open when this Congress ends in November . White House claims of ' ` ` without any support in case law , '' judge says . House Judiciary Committee wants former Bush aide Harriet Miers to testify .
NEW : Miers , who could still exercise executive authority during Congress , judge says . NEW : Issue may be moot ; subpoenas open when this Congress ends in November . White House claims of ' ` ` without any support in case law , '' judge says . House Judiciary Committee wants former Bush aide Harriet Miers to testify .