Discussion: Benghazi Panel Chair Asks Clinton To Turn Over Email Server In 'Interest Of Transparency'

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Discussion for article #234550

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How the hell does a rep just starting his third term get this gig? They must be grooming him for bigger things

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I’ve thinking just the opposite.

Consider the downside here. First, none of him as “chair” of WTF this ‘committee’ is, not this special committee [it’s establishment being subject to a challenge concerning irregularity of being struck and in receipt of commission], nor the House as a whole has a sound legal basis for such a demand. There was no law, regulation or even policy directive in place that required the SoS to use a government specific server, and put the other way there was no law, regulation or policy directive that would render how HRC as SoS determined to handle her emails.

OTOH there IS a little weakass entry for an argument IF – big IF – Congress were to find some foundational basis for being concerned that HRC as a FORMER SoS failed her oath of office in declining or neglecting to cooperate with the National Archive regulation that was promulgated AFTER HRC left the DoS.

Congress has one advantage with that argument, but at least 4 disadvantages, any one of which will prove disabling.

Advantage:

Congress has that SCOTUS majority including 2 crazy people, Scalia and Thomas.

Disadvantages:

  1. Each of Roberts and Alito came to the SCOTUS via the US DC CCA - a court with a long tradition of siding with administrations of each side on matters like this that have to do with clear presidential authority indeed hegemony. Based on past precedents followed, Congress would lose before the SCOTUS 6-3, probably worse.

But regardless …

  1. Congress can’t get past the current DC circuit, which is now, finally, predominantly Democratic appointees.

  2. Assuming the House were to vote to issue a subpoena for the server ASAP, meaning absolutely no earlier than April and more likely not until the fall, all that does is start the clock running: THIS Congress will have to get past all the procedural and technical objections that HRC would be entitled to file and pursue, that go to standing and summary judgment, and the time those take could exhaust the time left between then and November 2016 – indeed, given past experience of the Bush admin running out the clock on Gonzo’s contempt, and the Obama admin running out the clock on the last Congress’s citation of Holder, this Congress won’t get anywhere near close to do that before recess in June for the election haul.

  3. Even if Congress got it before a judge or a panel, it simply doesn’t have a case in law or in fact; IOW Congress would lose at the federal court level, before a lone judge, before a panel, and even en banc on appeal. Also, since there’s no compelling law that pertains, the current admin actually has status to intervene on behalf whichever side it chooses – for whatever limited purposes it can justify. It would here, for a whole bunch of reasons having to do with executive privilege, secrets and privacy.

Back to the first point: will the failure to nail HRC on this, plus her election in November 2016. mark Gowdy forever as being just another South Carolina southern while whacko pol?

I think so.

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Ed Grimley is the Benghazi Panel Chair? https://images.duckduckgo.com/iu/?u=http%3A%2F%2Ffarm1.staticflickr.com%2F52%2F138763630_f8067bf569.jpg&f=1

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Clinton is considered the Democratic front-runner if she decides to seek
the presidency, and the high-profile Republican investigations are
likely to dog her in the run-up to the 2016 election.

Truer words were never written.

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It’s unfortunate so many American’s cannot see through all this.

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