Rove and Miers have given up the fight. Apparently no-one wanted to have the issue settled in court. From MSNBC:
WASHINGTON – Former top aides to President George W. Bush agreed Wednesday to testify before Congress under oath about the firings of U.S. attorneys, a controversy involving allegations of political interference that became a major issue in Bush’s second term.
The Bush White House had fought attempts to force Karl Rove and Harriet Miers to testify, and the agreement — steered by aides to President Barack Obama — ended that constitutional standoff with Congress. Both the White House and lawmakers, especially now that Democrat Obama has replaced Republican Bush — were leery of having a judge settle the question about the limits of executive privilege, for fear of losing.
The agreement calls for Rove and Miers, Bush’s top political adviser and White House counsel, to testify before the House Judiciary Committee in closed depositions “under the penalty for perjury,” said House Judiciary Committee Chairman John Conyers, D-Mich. The committee says it also might call the two for public testimony.