After the full U.S. Court of Appeals for the D.C. Circuit had rejected its previous reasons for not enforcing the House’s Don McGahn subpoena, a right-leaning panel of appellate judges found another rationale to stymie the demand that he testify.
How are those “checks and balances” working out?
Yay for “Law and Order” in Trumpworld!
This is total crap.
And I say that as a [retired] appellate lawyer.
What the hell is this? How can they make this argument? It makes no sense that a basic function of the Constitution requires a new law to be passed to make it work, and I’d be surprised if Congress doesn’t already have law on the books about subpoenas for oversight functions.
This only delays the inevitable, nothing more…a Biden administration will push all of this through, and a Democratic Congress will go along with investigations. The Republicans must be really afraid of what might be coming out of this…it’s a mistake for them to push it out though, if it turns out they have been blocking massive corruption it will destroy them in 2022 and 2024. It seems they no longer care though, keeping power at all costs is now their mantra.
This genuinely earth shattering, and ridiculous opinion will likely be overturned by an en banc (all the judges in the circuit) review of the decision. However, it will not be reversed in time to prevent every Trump regime official from refusing to comply with congressional subpoenas between now and election day. Example: the house just subpoenaed Postmaster DuJoy for USPS documents: do you think they’re going to get those documents now? What this will successfully accomplish is putting a pause on congressional oversight of the president and his regime until after the election.
Another 20 years of this shit.
What we are living thru now is the results of the successful poisoning of the judicial ranks by 40+ years of the GOP getting their way. Not sure there is a way out of this, but it sure would be nice if we could just remove all of the wing nut judges who have been appointed by Trump
I agree.
It makes no damn sense.
I think Kyle Cheney nailed it when he tweeted:
"This is an earth-shattering ruling that says the House essentially has no subpoena power.
“It’s a 2-1 decision, with the dissent saying that the House’s ability to enforce subpoenas is implied in the constitution.”
I just said this elsewhere - the constitution gives the House the right to subpoena. Therefore the right to enforce the subpoena is implicit in the right to issue subpoenas.
It makes no sense at all otherwise.
The checks have cleared and the account balances are up… at the Federalist Society
Checks and balances would work super duper, if a certain number tossed this ‘both parties are the same’ notion into the bin.
More evidence from the “Law and Order” administration.
“Law and Oder” according to Trump: let me count the ways, dodging subpoenas, removing Inspector Generals, using the DOJ to punish enemies while rewarding criminal activity of friends, inciting violence etc. etc. etc.
Years of modern Republicans picking like minded judges have got us here.
Every moment that these judges prevent Congressional overnight should be one more reason to flip the Senate.
Then shouldn’t they have to pass a law that they have to pass a law… ad infinitum?
I mean, right?
Absolutely.
Our democracy is fragile and depends upon the good will of the participants. If any one (or two) branches decides to obstruct every attempt to govern by rule of law and custom, then the whole system is in jeopardy. If Trump is allowed to reign for four more year,s I fear for the future of the republic.