As many of us have been saying, if Democrats are serious about getting documents and testimony, they should begin an impeachment inquiry.
Judges have repeatedly ruled that Congress has a greater claim to sensitive documents when it can point to an ongoing legal matter, like impeachment.
By DARREN SAMUELSOHN and JOSH GERSTEIN 05/10/2019 05:02 AM EDT
... theres another rationale for launching impeachment that has some Democrats reconsidering the idea getting access to the sensitive documents and testimony that Trumps team is withholding.
Judges have repeatedly ruled that Congress has a greater claim to sensitive government documents and personal information when it can point to an ongoing legal matter, instead of just a congressional investigation or legislative debate. And impeachment would give lawmakers that legal matter the process is essentially a court procedure run by Congress where the House brings charges and the Senate holds the trial.
But legal experts and lawmakers across the ideological spectrum acknowledge that formally unleashing impeachment would bolster Democrats arguments that they deserve to see the presidents tax returns, interview senior officials, peruse special counsel Robert Muellers trove of evidence and see the details of Trumps personal dealings with foreign leaders.
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What the heck is going on?
I think some people are confused about Wednesday's vote to hold Barr in contempt of Congress. This Wednesday's vote is the same thing that Republicans did to Holder. It will get referred to the DOJ where nothing will happen.
I have no idea if the House is considering filing a civil referral to a judge to enforce the subpoenas. This would take a long time.
Inherent contempt is a completely different process. This is a trial in the House. The Sergeant at Arms of the House would first capture and bring the "suspect" to the House for a trial. The trial would be somewhat similar to the Clinton impeachment trial in the Senate. The suspect has the right to defend himself, bring witnesses, etc. It is an actual trial. Then if the House votes that the suspect is guilty, the House can imprison the person.
IMHO, all of these delays need to stop. A formal impeachment inquiry should begin. This could help expedite the process through the courts and make it more likely for judges to enforce the subpoenas.
If there is strong resistance then the House should use inherent contempt against McGahn, Lewandowski, Donaldson, etc. They are private citizens and have far less ability to prevent capture by the House.
There goes Trump's Nobel prize
Rep. David Ciciliine on Hardball goes there! Tonight he said the House can imprison people directly! And he said the House SHOULD do it if it becomes necessary!
This is fantastic! Finally someone is telling the TRUTH and threatening the use of one of the legitimate powers of the House!
Hardball posted part of the clip:
My god this is going to take forever.
All aboard the Impeachment Train!
Philip Bobbitt, the constitutional scholar at Columbia University, is among those who have wrestled most deeply with the complex questions raised by impeachment. He is the co-author of Impeachment: A Handbook, which republishes the famous commentary on impeachment by Yale law scholar Charles L. Black Jr. and concludes with Bobbitts own discourse on the topic.
I spoke to Bobbitt at length about the latest revelations. The upshot: Bobbitt now believes its plausible that Trump committed impeachable offenses and that the House of Representatives is obligated to proceed from this premise.
Coming from Bobbitt, this is notable, because he has long maintained that impeachment must be reserved only for the most extraordinary cases and (as his book argues) that we must approach the question of whether conduct is impeachable with extreme caution.
Ladies and gents, the Impeachment Train will soon be leaving the station! Make sure to get your tickets and HOP ON BOARD!
We've got Warren in the Engine and Mueller in the caboose! The ride will include dramatic scenery including Don McGahn repeating the word "shit" and Jody Hunt saying the word "fucked". Watch as Don Jr. explains that he's too stupid to be indicted.
Come and join in on the fun! And note the prominent new passengers:
"Obstruction of justice, if proven, would be impeachable."
Well this is interesting.