The Justice Department argued Monday that the House’s move to impeach President Trump eliminated the need for an appeals court to fast-track a case about the House subpoena of Don McGahn.
There’s no bar to the number of high crimes and misdemeanors that Trump can be impeached for. It’s not up to the Courts to divine whether the House will impeach again. The point is that the House is entitled to investigate the POTUS and is entitled to the information barring a legitimate assertion of executive privilege (which Trump has not made).
Its the inherent flaw in that argument since the House made it. Its the problem with limiting the scope of the impeachment (which I agree with doing for other reasons), and by rushing through the impeachment process in the House (which I think was done too quickly,but not am not passionate in that belief).
McGahn was not even employed at the WH when the Ukraine stuff started happening. Now that they have impeachment papers for two counts, his testimony is even more irrelevant to this impeachment.
The House could of course argue that there could be additional impeachment charges coming, but that seems extremely doubtful given how quickly they pushed through with those two charges.
From a larger sense, this underlines the bigger problems facing the House in this impeachment, however. As I have pointed it, its pretty trail blazing to impeach a President without ANY threat of criminal prosecution over anyone (because Barr’s DoJ would never even consider investigating let alone prosecuting anyone in Trump’s orbit)…its also unheard of that they impeached a President without full access to documents and witnesses because the Courts have dragged their feet on answering a fundamental question…whether or not Congress has the power of subpoena…something they have had in both Houses of Congress in their rules for decades (if not longer) and have used. They have even put the penalties for non compliance into law, the latest being in the Ethics in Government Act of 1978.
These are two huge hurdles we have had to overcome. And the slowness of the Courts to pursue this translates into …its completely ok to violate the Constitution as long as you can tie up investigations of those violations for the entirety of your term.
So, the Executive can lock down all witnesses and documents in any effort at being investigated. And then have the DOJ assert any intervention or rulings by the Judiciary constitute intrusion and interference in political questions not suited or appropriate for the Judiciary to involve themselves with.
Finding for the DOJ would seem to mean the Executive is exempt from the laws. Who if not the courts are suited to force compliance? Won’t every effort to oversee the Executive brush up against purely political considerations?
Of course, because we can’t possibly disturb King Trump while he’s on the shitter, tweeting about how awful the “Democrat party” is. Unbelievable how low the DoJ has sunk under “DisBarr.” Full toadies to Donald’s criminal acts.
I’m not a lawyer and don’t need to be to confidently predict that the DOJ position on any such controversy going forward will be that literally anything that happens strengthen’s the DOJ’s case for getting the outcome it wishes. Trump does this himself so it’s really a kind of corporate culture thing.
This is such a farce. First DoJ was hoping to run out the clock by using the court to forestall and prevent McGahn from testifying. Now that tRump’s been impeached, they’re trying to use the court to say there’s nothing he can still offer that is relevant to the impeachment inquiry or anything else for that matter.
Such bad-faith actors, such bullshit, such meaningless endless excuses all wrapped up in monumentally stupid justifications.
And btw, that judge, Rao, that Barr and tRump’s protectors at DoJ want to appeal to most, is the one that doesn’t believe Brown v. Board of Education was properly decided, that women are responsible for being raped if they drank too much, and thinks that minorities already had a leg up so there was never any need for affirmative action to level the playing field to begin with. The woman is a nightmare of a judge. She is wholly unqualified to sit on court…but you knew that. She seems more than willing in her views to blame the victim particularly if they have already been marginalized by society.