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Author Topic: 🌟 IMPEACHMENT SCORE 🌠  (Read 10832 times)

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Agelbert NOTE: This excelllent, totally objective ruling would be a slam dunk in a country with the Rule of Law. Considering the fact that, with Barr's DOJ and the Trump White House, we don't have that, I expect Barr's DOJ and 🦀 Trump's White House, along with the 😈 Republicans in Congress, will claim the ruling is "unfair" (i.e. ).
Also, SCOTUS Chief (Fascist) Justice 🐍 Roberts ("No Republican Judges here." ) may even be called on to put his fascist finger on the legal scales through a "reinterpretation" of this "unfair" ruling...

Like I have said before, 🐘 Republicans don't DO rules, unless they benefit from them. 

Gothmog (75,868 posts)   Mon Dec 2, 2019, 05:11 PM

Judge 👍 Refuses To Delay Her Order For McGahn To Comply With Congressional Subpoena
Source: Talking Points Memoerandum

The federal judge in Washington who ordered former White House counsel Don McGahn to comply with a congressional subpoena will not put that ruling on hold while it’s appealed.

Read more: https://talkingpointsmemo.com/news/don-mcghan-stay-denial-district-court

Gothmog (75,868 posts)  Mon Dec 2, 2019, 05:23 PM

2. From the opinion


This Court has no doubt that further delay of the Judiciary Committee’s enforcement of its valid subpoena causes grave harm to both the Committee’s investigation and the interests of the public more broadly. This is because, as the Court explained in its Memorandum Opinion, “when a committee of Congress seeks testimony and records by issuing a valid subpoena in the context of a duly authorized investigation, it has the Constitution’s blessing, and ultimately, it is acting not in its own interest, but for the benefit of the People of the United States.” (Mem. Op. at 74.)

Interference with a House committee’s ability to perform its constitutionally assigned function of gathering relevant and important information concerning potential abuses of power in a timely fashion injures both the House and the People whose interests the Congress’s power of inquiry is being deployed to protect. Thus, far from DOJ’s “no additional harm, no foul” attitude, it is clear that the Judiciary Committee’s ongoing investigation will be further hampered if the Committee loses its ability to question McGahn altogether (effectively or not) during the current impeachment inquiry.

DOJ’s insistence that the Judiciary Committee is really most interested in the
Ukraine affair, and thus will not be harmed by any delay with respect to key testimony concerning certain circumstances revealed in the Mueller Report, fares no better. For one thing, it is the Judiciary Committee, and not DOJ, that gets to establish the scope of its own Article I investigation, and the Committee has repeatedly represented that it is, in fact, reviewing the Mueller Report as part of the House’s impeachment inquiry. (See
Mem. Op. at 10; see also Hr’g Tr., ECF No. 44, at 9:10–11:17.)

DOJ’s related suggestion that the Committee already has what it needs from McGahn for the purpose of its investigation (see Def.’s Mot. at 8 (asserting that “[t]o the extent that the Committee remains interested in the events described in the Mueller Report, that report has been made available to the public with minimal redactions” and “the Committee’s Chairman and Ranking Member were given access to the unredacted report, other than grand jury information”)) likewise evidences DOJ’s manifest refusal to accept that the Judiciary Committee is constitutionally authorized to subpoena witnesses almost without exception, and that, as a result, the Committee is not limited to calling only those persons whose testimony is unknown. (See Mem. Op. at 35–39.)

  DOJ also does not, and cannot, deny that whatever additional information that the Committee (and the public) might glean from McGahn’s live testimony will be lost if the Judiciary Committee does not have an opportunity to question him prior to any House vote on impeachment. (See Pl.’s Opp’n at 7.)

Finally, although the public does have an interest in appellate review of this matter, it is not at all clear that the D.C. Circuit would actually lose the ability to decide “the weighty issues presented in this lawsuit” if the stay is denied, as noted above. (Def.’s Mot. at 9); see also Miers Stay Opinion, 575 F. Supp. 2d at 205. By contrast, the Judiciary Committee would almost certainly lose the chance to question McGahn as part of the present impeachment inquiry if a stay order issues, which would unquestionably harm the ongoing investigation that the Judiciary Committee is conducting, and by extension, would also injure the public’s interest in thorough and well-informed impeachment proceedings.

DOJ does not dispute that McGahn is a key witness to events that the Judiciary Committee seeks to review, or that “Congress could be seriously handicapped in its efforts to exercise its constitutional function wisely and effectively” if the Committee is not able to compel timely testimony related to the current impeachment inquiry. Quinn v. United States, 349 U.S. 155, 160–61 (1955) (citations omitted).

Therefore, any additional delay in McGahn’s compliance with the Committee’s valid subpoena causes real and certain harm to the Judiciary Committee and to the broader interests of the public.

« Last Edit: December 02, 2019, 08:34:22 pm by AGelbert »
Rob not the poor, because he is poor: neither oppress the afflicted in the gate:
For the Lord will plead their cause, and spoil the soul of those that spoiled them. Pr. 22:22-23


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