Bates flirts with snark

(H/t Emptywheel)

D.C. Judge Bates rejected the administration's request for a stay of his order (telling Harriet Miers and Joshua Bolten comply with House subpoenas).

He doesn't quite rise up to full blown snark, but there is a palpable sense of exasperation in his tone:

The Executive’s argument boils down to a claim that a stay is appropriate because the underlying issue is important. But that is beside the point and does not demonstrate a likelihood of success on the merits. Simply calling an issue important -- primarily because it involves the relationship of the political branches -- does not transform the Executive’s weak arguments into a likelihood of success or a substantial appellate issue.

Still, good vintage though.

There is no appeal to an order that is not final - so it will be interesting to see what kind of brinksmanship ensues.  Could be an interesting windout.