Legal News

A Lawsuit in Texas, Starring President Bush (Maybe)

By Ashby Jones

It would be a strange and rather narrow distinction, but a distinction nonetheless. A judge ruled Friday that former President George W. Bush will have to give a statement in the lawsuit against Southern Methodist University. If the ruling stands up, Bush would become the first current or former president forced to give testimony in a state civil case. Click here for the Dallas Morning News story.

The plaintiffs in the case have alleged that SMU bullied condo owners to sell their units to the university without disclosing plans to build a presidential library there. They allege that SMU officials showed Bush plans to put the library at the University Gardens site even before they tried to buy it.

John H. Martin, who represents George and Laura Bush, had been trying for weeks to keep the ex-president out of court, insisting that the legal standard in such cases is whether a president has “superior and unique” knowledge relevant to the case.

But the judge felt that bush’s knowledge may well be “superior and unique.” Lawyers for the condo owners have spent hours taking sworn statements from several high-profile SMU officials who were present in meetings with Bush, where his presidential library was discussed. Dallas businessman Ray Hunt, SMU President Gerald Turner and former White House counsel Harriet Miers were each deposed on several occasions.

Excerpts of their statements submitted in court – particularly those in which they said they could not recall details – persuaded the judge that Bush may indeed have superior and unique knowledge relevant to the case. “Presidents are not immune from the judicial process,” he said.

In the meantime, we wonder, what’s W been up to lately? Well, he gave a glimpse of what his post-Presidential existence last week during an interview in China. One thing’s for sure: he hasn’t lost his ability to cast off a zinger.

Bush said after he left the White House and moved into his new home in Dallas, he decided to take his Scottish terrier Barney for a walk. To be a good neighbor, he said he carried a plastic bag so that he could clean up the dog droppings. The task seemed ironic to him, he said.

“I was picking up what I had been dodging for eight years,” Bush said.

Full post as published by Law Blog - WSJ.com on April 20, 2009 (boomark / email).