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FBaggins

(26,729 posts)
23. You're assuming that EffieBlack's post is accurate
Wed Jun 12, 2019, 10:21 AM
Jun 2019

It isn't.

Nowhere in the resolution does the House establish that the hearings going forward are preliminary to a judicial proceeding..

Nor could they. The House doesn't have the power to declare something a judicial proceeding (hint... there's a whole 'nother branch of government for that). Arguably (and with court precedent) an actual impeachment trial in the Senate is a judicial proceeding and therefore an impeachment inquiry is arguably preliminary to that. But House hearings outside of impeachment either are or are not covered by the exception. It's laughable to think that the House has the power to add a new category of hearings that it says qualify.

Note that all the resolution does is grant the chair the ability to act on behalf of the House in asking the courts. This merely speeds up the process... it doesn't change the rules on which that process rests.

That the chair of the Committee on the Judiciary of the House of Representatives is authorized, on behalf of such Committee, to initiate or intervene in any judicial proceeding before a Federal court—

(1) to seek declaratory judgments and any and all ancillary relief, including injunctive relief, affirming the duty of—

(A) William P. Barr, Attorney General, to comply with the subpoena that is the subject of the resolution accompanying House Report 116-105; and

(B) Donald F. McGahn, II, former White House Counsel, to comply with the subpoena issued to him on April 22, 2019; and

(2) to petition for disclosure of information regarding any matters identified in or relating to the subpoenas referred to in paragraph (1) or any accompanying report, pursuant to Federal Rule of Criminal Procedure 6(e), including Rule 6(e)(3)(E) (providing that the court may authorize disclosure of a grand-jury matter “preliminarily to... a judicial proceeding”).

Resolved, That the chair of each standing and permanent select committee, when authorized by the Bipartisan Legal Advisory Group, retains the ability to initiate or intervene in any judicial proceeding before a Federal court on behalf of such committee, to seek declaratory judgments and any and all ancillary relief, including injunctive relief, affirming the duty of the recipient of any subpoena duly issued by that committee to comply with that subpoena. Consistent with the Congressional Record statement on January 3, 2019, by the chair of the Committee on Rules regarding the civil enforcement of subpoenas pursuant to clause 8(b) of rule II, a vote of the Bipartisan Legal Advisory Group to authorize litigation and to articulate the institutional position of the House in that litigation is the equivalent of a vote of the full House of Representatives.

Resolved, That in connection with any judicial proceeding brought under the first or second resolving clauses, the chair of any standing or permanent select committee exercising authority thereunder has any and all necessary authority under Article I of the Constitution.

Resolved, That the chair of any standing or permanent select committee exercising authority described in the first or second resolving clause shall notify the House of Representatives, with respect to the commencement of any judicial proceeding thereunder.

Resolved, That the Office of General Counsel of the House of Representatives shall, with the authorization of the Speaker, represent any standing or permanent select committee in any judicial proceeding initiated or intervened in pursuant to the authority described in the first or second resolving clause.

Resolved, That the Office of General Counsel of the House of Representatives is authorized to retain private counsel, either for pay or pro bono, to assist in the representation of any standing or permanent select committee in any judicial proceeding initiated or intervened in pursuant to the authority described in the first or second resolving clause.
This is what Jill Wine-Banks has been saying wryter2000 Jun 2019 #1
This Was Always An Option Me. Jun 2019 #2
Rachel Maddow jumped on this bandwagon for a couple of days, but then jumped off when knowledgeable EffieBlack Jun 2019 #3
... StarfishSaver Jun 2019 #4
Thank you stopdiggin Jun 2019 #5
Don't confuse them with facts Trumpocalypse Jun 2019 #6
This was discussed months ago watoos Jun 2019 #7
They can appeal whether it's an impeachment or not StarfishSaver Jun 2019 #8
Listening to dozens of Constitutional scholars, watoos Jun 2019 #10
This is not a constitutional issue - it's a matter of statutory interpretation StarfishSaver Jun 2019 #13
See my link below, watoos Jun 2019 #14
Please read Effie's response StarfishSaver Jun 2019 #16
Sigh ... EffieBlack Jun 2019 #17
All we can do is try. StarfishSaver Jun 2019 #20
Of course Barr himself said he would release Nuggets Jun 2019 #27
Barr doesn't have the power to release the material without a court order StarfishSaver Jun 2019 #31
How do you know the "best" way to get this is through an impeachment hearing? EffieBlack Jun 2019 #9
There is a difference between a watoos Jun 2019 #12
Please stop arguing, You don't know the law and don't understand the process EffieBlack Jun 2019 #15
Thank you. brer cat Jun 2019 #11
KR mcar Jun 2019 #18
The House just passed the bill StarfishSaver Jun 2019 #19
They have to actually GET them before this is evidence that impeachment wasn't the only way FBaggins Jun 2019 #21
Impeachment only gives them the right to ask. It doesn't guarantee them anything StarfishSaver Jun 2019 #22
You're assuming that EffieBlack's post is accurate FBaggins Jun 2019 #23
The resolution doesn't need to explicitly "establish that the hearings going forward are preliminary StarfishSaver Jun 2019 #24
My OP IS accurate EffieBlack Jun 2019 #25
I do too. Never mind. You can please some of the people all of the time, but not all of the peeps emmaverybo Jun 2019 #30
Thanks, emmaverybo StarfishSaver Jun 2019 #32
No one's saying it's the only way BeyondGeography Jun 2019 #26
A whole lot of people both in the media and on DU are saying it's the only way. StarfishSaver Jun 2019 #29
Thank you for all your work to explain to us how and why impeachment is not the only way emmaverybo Jun 2019 #28
Thanks for this EffieBlack Jun 2019 #33
Latest Discussions»General Discussion»An impeachment inquiry IS...»Reply #23