The D.C. Circuit vacated an earlier decision in the House’s long-running battle to enforce a subpoena on Don McGahn, saying that the full court would consider the case.
Will this dilute the efforts of tRump’s Judge Rao to obfuscate from the bench?
In other court related news…
Not yet, the overruled panel judges were Griffith and Henderson. But Rao will get a few bites at the apple during the en banc hearing.
In taking it up, the full court asked the parties to address “whether the case would become moot when the Committee’s subpoena expires upon the conclusion of the 116th Congress.”
“Um…Yes…we need an answer to this question especially if trump wins…DUH!” IANAL, but there has to be a way to say this.
This usually happens when the full court is considering reversing the panel decision. My guess is the GOPers on the Court will want the Biden Administration to be subject to congressional subpoenas that can be enforced in court.
“Good government” values aside, we can hope that their hopes are dashed when the Democrats keep the House and re-take the Senate.
I get that the GOP really only wants this to be true with a Democratic President but this is just crazy.
The court is 7 out of 12 Obama&Clinton judges.
Excellent to hear. This means reversal is a foregone conclusion, with maybe a few GOPers joining.
En banc court cleaning up more of Neomi Rao’s bullshit. Eventually, she might get tired enough of that to quit.
She can make the natural career move to being a credentialed legal analyst at Fox or Breitbart where I, and this country’s legal community, will never have to deal with her ‘opinions’ again.
Hallelujah!
This is really all pointless in the end, the Biden administration should turn over everything to Congress when it comes in, and remove executive privilege protections for all these Trump minions so they are forced to testify. Investigate all of it, and pass laws that require following subpoenas, with real penalties if they refuse. Oversight is critical, for any party’s president, and we just cannot have this kind of thing happen again.
This has to go along with a full investigation of what happened during the Trump administration…put it all out there, and make sure the results, and any indictments, are released before the 2022 election. Make Republicans own their support of the lawlessness of this administration, so it drags them down even more.
I’m lost. The earlier ruling has been vacated. The subpoena expires in January and the case will be heard in February. Why will this case not be moot in February?
That can be corrected next year.
Because it could establish a precedent that could be used against a Biden administration.
Also, I don’t know what happens when a new House issues a new subpoena with the exact text of a prior one. Does the legal rigamarole start from square one, or can they pick up the threads of the existing rigamarole?
Dems should run an ad pointing out that when they win the WH, there will be Congressional oversight again. And concerns about Presidential overreach, the deficit, and ethics.
She is recused from the proceedings.
You had better hope that Breyer and Kagan and Sotomayor hang on until there’s a Democratic president …
Only a sitting president can invoke executive privilege.
Once Biden is inaugurated, Trump’s use of privilege vanishes into thin air.