Even though House Democrats withdrew their impeachment subpoena of a former National Security Council official, a lawsuit over whether the subpoena is enforceable will continue, a federal judge told the parties Wednesday evening.
Well hell, I’d like to get a ruling on this.
So this judge postpones a continuation until December 10 (which others have already speculated elsewhere as a delaying tactic on the part of this GOP appointee), and now he’s insisting on things proceeding with the case regardless (!?). Which way do you want it, Leon?
Judge Leon must really want to make a name for himself - although, usually it is just the plaintiff who can voluntarily dismiss a case and this is what Leon is focused on rather than the takes-some-intelligence-and-logic argument of the House lawyers.
But, I doubt that Kupperman and his lawyer want to prolong things and go through this exercise … unless they’re both total Republican hatchet-men, which they may be. I expect, though, that Kupperman’s attorney will recommended that he voluntarily dismiss the case without prejudice and just get on with his life.
Guess the establishment Democrats will need to learn how to fight whether they like it or not.
I think the problem is we already know how Leon wants to rule.
At this point, if Kupperman elects to continue the suit, he’s asking the Court to rule on a purely hypothetical situation. There is no subpoena. Motion to dismiss - courts don’t rule on hypotheticals.
Kupperman will pay his lawyer for a case that doesn’t matter to him? I doubt it. He’ll drop it.
“We are forum shopping. Won’t you please join us?”
Law school, day 1. The fucking case is fucking MOOT. No cause of action exists.
How much bullshit can America pour on itself before it drowns? The Trump administration has not punished anyone that’s testified. If this Kupperman asshole wants to talk he can and suffer no consequences from Trump. So his no dog in the fight is bullshit. His dog wears a MAGA hat and he personally does not want it talking. Otherwise he’d be talking right now. . Who the fuck does he think he’s fooling?
Politics 101: U.S. District Judge Richard Leon is a Bush appointee. Do you think the law is what motivates him?
From the article:
[The judge] said
the House could argue that the case was now moot when it filed a motion to dismiss.
Well, maybe someone will pay his lawyer. Follow the money.
The House should request an extension on Dec. 10 on the grounds that they are involved in the public phase of the impeachment hearings. Then the Judiciary should invite Kupperman to testify in public in the hearing. Kupperman complies and the point is moot, or Kupperman refuses and defies the Supreme Court. Where will Leon go from there?
Have it your way!
The case concerns whether the President’s top advisors are covered by “absolute immunity” that makes the House’s subpoena for his testimony unenforceable. The question is similar to the claim the White House is making in opposing a House subpoena of former White House counsel Don McGahn in a separate matter.
There’s really no way around this.
Everyone is hoping that some other process or sequence of events will allow us to avoid the inevitable confrontation when we ask SCOTUS to decide if a POTUS can declare himself and anything else he wants to be above all law.
Everyone wants to avoid it because we all have a sinking feeling that the Right has so packed the Court with political sleeper-agents that it’s a certainty they will elevate Trump to the monarchy simply because he’s (nominally) on their team.
There is no way around this problem. It must be dealt with. Trump will remain in the Oval until and unless a judge orders that Executive staff obey lawful subpoenas.
The House and the talking heads can argue all day long that this is no longer an issue, but that doesn’t make it so, and rushing through the inquiry or the trial because witnesses won’t talk is not wisdom, it’s a great way to lose a trial by not having evidence.
Well said. Now, as another poster said earlier, Democrats will have to learn to fight whether they like it or not.
If you just can’t get enough of Leon …
Is he Heritage Foundation? On the short list to replace RGB? There must be some motive here.