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Mon Nov 11, 2019, 08:08 PM

Judge shuts out public from Mick Mulvaney hearing on House impeachment subpoena

Source: CNN

Washington (CNN)The public couldn't listen to a public court hearing Monday night over acting White House chief of staff Mick Mulvaney's House impeachment subpoena, a federal judge in Washington said. Court security told three reporters from CNN, Bloomberg and The Washington Post to leave the DC federal courthouse minutes before the 5 p.m. ET start time for the hearing. The hearing, which was held over the phone, would not be open to the public and the judge was not in his chambers, according to court security guards who spoke to the judge's chambers Monday.

For a courthouse that has hosted dozens of major hearings about the President over the past two years, the judge's move is a confounding approach to a case with such noteworthy players and significance in the House's impeachment inquiry into President Donald Trump -- a case that, in its essence, asks whether the White House chief of staff must speak publicly under oath.

About 80 minutes after the hearing began Monday, Mulvaney wrote in a new filing to the court that he now plans to file his own lawsuit over his House subpoena, acknowledging developments in the hearing without giving more explanation of what happened. He said, though, that he believes his case is still related to another impeachment witness who wants the court's intervention -- potentially keeping it before the same federal judge, Richard Leon of the DC District Court. Mulvaney will be suing House members and committees over whether he must testify. He did not appear for his scheduled House testimony Friday despite having received the subpoena.

The lawsuit originated with another recalcitrant impeachment witness, Charles Kupperman, a former White House national security official who asked the court to decide whether he must testify or follow the White House's assertion that he's immune. Mulvaney said he wanted a similar determination from the judge late Friday. But Kupperman's attorney, who also represents former national security adviser John Bolton, and the lawyers for the House have opposed Mulvaney joining the case. Leon said he would listen to arguments over the phone. "Because of the time-sensitive nature of the motion that is in dispute, the conference call is being held on a federal holiday, and the courthouse is closed," Leon wrote Monday.

Read more: https://www.cnn.com/2019/11/11/politics/mulvaney-impeachment-public-court-hearing-reporters/index.html

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Reply Judge shuts out public from Mick Mulvaney hearing on House impeachment subpoena (Original post)
BumRushDaShow Nov 11 OP
jberryhill Nov 11 #1
BumRushDaShow Nov 11 #2
noneof_theabove Nov 11 #3
IthinkThereforeIAM Nov 11 #4
jberryhill Nov 12 #5
intrepidity Nov 12 #6
BumRushDaShow Nov 12 #7
jberryhill Nov 12 #8
BumRushDaShow Nov 12 #9

Response to BumRushDaShow (Original post)

Mon Nov 11, 2019, 08:29 PM

1. Was that a status conference or a hearing?


It sounds more like it was a status conference.

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Response to jberryhill (Reply #1)

Mon Nov 11, 2019, 09:08 PM

2. It may have had to do with his motion to piggy-back onto the Bolton/Kupperman case

because based on his response, that idea appears to have been tossed - i.e., perhaps due to a question of his having standing. From the OP article, it was noted -

About 80 minutes after the hearing began Monday, Mulvaney wrote in a new filing to the court that he now plans to file his own lawsuit over his House subpoena, acknowledging developments in the hearing without giving more explanation of what happened. He said, though, that he believes his case is still related to another impeachment witness who wants the court's intervention -- potentially keeping it before the same federal judge, Richard Leon of the DC District Court.


Almost sounds like he is judge-shopping too.

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Response to BumRushDaShow (Original post)

Mon Nov 11, 2019, 09:38 PM

3. dems quit pussyfooting around

one final notice
you shall be here this day at this time.
if you are not here the Capitol Police shall arrest
your dumbass, incarcerate you, and you shall be
assessed a fine of $1,000 per day until you comply.

No on is above the law, that is what we the people get.

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Response to noneof_theabove (Reply #3)

Mon Nov 11, 2019, 11:09 PM

4. It is my understanding that by disregarding a subpoena they relinquish rights to testify later...


... especially if not called upon by the committee(s). Makes me wonder about the GOP congress critters whining about not being able to question or defend Trump in the depositions up to this point, ie... rushing the secure committee meeting/deposition.

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Response to BumRushDaShow (Original post)

Tue Nov 12, 2019, 01:13 AM

5. Bullshit headline


Nov 11, 2019

MINUTE ORDER. Upon consideration of the Media Coalition's 32 and CBS News and NBC's emergency 35 Motions to Intervene and for Access to Hearing, it is hereby ORDERED that the motions are DENIED. The telephonic conference to which movants seek access is not under seal. Because of the time-sensitive nature of the motion that is in dispute, the conference call is being held on a federal holiday, and the courthouse is closed. The Court cannot accommodate movants' request for live access to the telephonic conference. But the Court expects a transcript of the proceeding to become available shortly after it ends, and movants may obtain a copy. SO ORDERED. Signed by Judge Richard J. Leon on 11/11/2019. (lcrjl2)

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Response to jberryhill (Reply #5)

Tue Nov 12, 2019, 03:30 AM

6. Thank you

For cutting through the bs.

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Response to jberryhill (Reply #5)

Tue Nov 12, 2019, 04:51 AM

7. It was more a whining headline

although technically they can set up one of those web-based audio conferences pretty quickly that could have accommodated them for a "publicly-accessible hearing" but...

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Response to BumRushDaShow (Reply #7)

Tue Nov 12, 2019, 09:23 AM

8. Federal courts are fairly particular about how they set up teleconferences


They have dedicated systems for that, and aren't going to muck around with web-based stuff. Quite a few judges refuse to even do teleconference hearings or to allow telephone attendance unless there are exceptional circumstances.

Pretty obviously, this court is interested in moving ahead as quickly as possible and scheduled a hearing for a day when the courthouse itself is closed.

The alternative would have been to put it off for another day.

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Response to jberryhill (Reply #8)

Tue Nov 12, 2019, 10:48 AM

9. I'm sure they are and do

At the agency I worked for in the federal government, we had a "dedicated" system too that had its own T1 lines run to the various field/Regional offices and HQ (usually installed in some conference room). But because there were so many teleconferences needed and going on between these various agency offices around the country, there were a number of contracts obtained over the years with various vendors like Cisco (WebEx) and others to allow for all types of audio & video teleconferencing to include outside entities. Even Windoze has its own internal Outlook conference call function.

And with respect to this court "moving ahead quickly" - well with Leon having a timeline where things aren't really getting started until December means he isn't exactly operating "quickly"... particularly given the nature of this particular issue. There's no "mucking" necessary with these telecon systems. Schedule the thing, give attendees the number to be called and the conference ID, and they can get connected - even if just audio-only.

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