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BumRushDaShow

(128,854 posts)
7. The House is STILL waiting for the courts to decide the McGahn subpoena
Wed Jan 22, 2020, 11:36 AM
Jan 2020

that was issued last April (2019).

I think the strategy here was to highlight what some witnesses (notably Bolton) claimed to be willing to do for the Senate that they weren't willing to do for the House barring a decision on the McGahn case. The House had also subpoenaed Charles Kupperman (Deputy NSA) in November and then withdrew it in December after Kupperman sued and had his case assigned to D.C. District Court judge Richard Leon (Shrub appointee), which would have dragged the process out even more, after which Leon later dismissed the Kupperman suit when the subpoena was withdrawn.

Much of Schiff's remarks yesterday were to describe the dilemma posed to Democrats with respect to their strategy and timing for acting quickly to document and stave off what were crimes-in-progress... And it was noted that if they were forced to wait for the courts, then it could have taken years - given the appeals and then potential remands at each level, back to lower courts, delaying it even more. The point being that the impeachment process was not designed to be something that the courts should have had to have been expected to handle. Otherwise it would have been explicitly described in the Constitution as the role of the Judiciary.

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