No trial date has been set, and the judge has yet to rule on the subpoena request.
Senator Paul Simon, Democrat of Illinois, said he was also undecided on how to vote on the subpoena request.
The Department of Justice did not authorize the subpoena requests because the language of the subpoena violated the Department's guidelines for a subpoena request, rather than recognition of any reporter/source privilege.
Consolidating hundreds of subpoena requests into a handful of lawsuits has caused some legal experts to wonder if the courts are ready to deal with the challenge.
Additionally, the court ordered that The Suggestion Box must notify all account holders of the subpoena request.
Doe, through counsel, objected to the subpoena request and stated that they did not access or obtain the email in question through Mobilisa's computer system.
But when Democrats took control of Congress, Mr. Bolten tried again, making the argument that the president needed someone aggressive to fend off subpoena requests.
It is likely he will continue to lose accounts among the 53 brought in by Mr. Downe, people on Wall Street say, as the clients become increasingly irritated by subpoena requests and bad publicity.
Lawyers for the President said they had heard that the McDougals would seek Mr. Clinton's testimony but declined to comment until they had a chance to examine the subpoena request.
They said the subpoena request was not "legal."