Jefferson had filed a motion with the courts to have just that done. Bush stepping in to grant Jefferson's motion means he backed off of the toes of the Legislative branch only to put his feet directly on top of the Judicial branch. It's either constitutional or it isn't, let the courts decide.
Consider this statement by Jefferson's lawyer. From the Washington Post:
"It's not every day a lawyer has his motion granted by the president of the United States," Trout said. "We're obviously pleased with this decision."
Not every day? Try virtually never, and never is how often it should be.
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