Appeals Court Asks DOJ About House Subpoena | Talking Points Memo

The Second Circuit Court of Appeals invited the Justice Department to offer its opinion on an attempt by President Trump to block a House investigation of his finances, according to a Wednesday court filing.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1236227
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There may be additional reasons (good or bad), but I think one reason the Courts are doing this is to prevent this from becoming a 2 lawsuit affair, with Trump filing one personally and then DOJ swooping in to file one afterwards if he loses. Trump and Barr would clearly prefer to do it that way for maximum judicial inefficiency.

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This oughta be interesting… please proceed, DOJ, your arguments have been amusing thus far.

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Hoping someone can enlighten me on this turn of events. How does this bode for the forces of good winning over evil?

We at the Royal DOJ believe that Article II power supercedes all Article I powers since it came second and therefore the Founding Fathers considered it superior to all the first-cut-at-it Article I stuff.

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When my brother and I ran the streets, saying, “We gon’ LITIGATE, homes!!” was usually a bluff play.

Isn’t it funny how some of the people I knew and the PRESIDENT have so much in common? :laughing:

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It’s clearly an appropriate order. It precludes his personal attorney from claiming that he can’t address certain arguments because he’s only representing Asshole in his personal capacity and not as an officeholder.

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Your “please proceed” phrase made me think of Barack’s “horses and bayonets” put down of “Myth” Romney in one of the 2012 POTUS Debates.

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This isn’t complicated or unexpected. Trump’s personal lawyers are asserting an alleged governmental interest in support of his personal legal interests. The appeals courts aren’t going to accept those asserted government interests without asking the government whether it actually does claim such an interest. Which, of course, the Barr DOJ will readily confirm it believes Trump’s position is correct.

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That was on Benghazi, not the horses and bayonets line.

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Right you are…two put-downs for “Myth” Romney!!!

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Thank you to all our esteemed legal minds on this site. Not the first time I have learned something from reading knowledgeable posters, assuredly not the last. :smiley:

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its a point for the good side.

its unusual for appeals courts to solicit the the DoJ’s views in cases (its done relatively often in Supreme Court cases, however).

Oral arguments are scheduled for August 23rd – after the deadline for the DoJ to file a brief – they are pretty much telling the DoJ that IF they have a position, and they want it considered in this case, they won’t be allowed to make new arguments to the Supreme Court.

Its also significant that they asked the Banks lawyers to show up for oral arguments. My guess is in this case, they want the Banks to say, after oral arguments, that they still take no position on the case. (they’ve said so in the original case, and have sent letters saying they have no position on the House brief that has been submitted… so the court seems to be dotting "i"s and crossing "t"s here.)

In other words, this looks like a pre-emptive move by the courts to prevent any additional delay in resolving the issues.

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…Just make sure you listen to the reputable ones…

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Gotcha. :wink:

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Of course. After all Barr considers himself to be Trump’s personal attorney and all of DOJ obligated to defend Trump at all cost, even though Trump is a known racist and criminal.

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And Lord knows that you have a reputation! :laughing:

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Never said that I was one of the reputable ones.

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Hmm since the subpoenas covered some years before Trump became president and Trump was large and in charge of Trump Organization why isn’t there Trump Org lawyers involved with this? And then wouldn’t Jr. or Eric also have to be involved?

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I’ll voluntarily strike my name from that list.

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