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Trump and Subpoenas...

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  • Trump and Subpoenas...

    Twenty former Republican lawmakers, officials and legal experts are
    a federal appeals court to reject President Donald Trump’s claim that his former White House counsel, Don McGahn, can ignore a House subpoena.

    The slate of prominent GOP figures is arguing that the country’s founders did not intend for presidents and their advisers to enjoy such untrammeled authority to reject congressional oversight. House Democrats are pushing for McGahn to testify about episodes that special counsel Robert Mueller investigated as potential obstruction of justice.

    While many right-leaning lawyers like Attorney General Bill Barr have asserted that the founders’ view of the Constitution mandates an expansive, muscular view of executive authority and executive privilege, the new friend-of-the-court brief argues that a truly “originalist” view of the showdown calls for the courts to force McGahn to appear, especially given the ongoing impeachment fight.

    “The idea that a president and his current and former advisors enjoy absolute immunity from subpoena — particularly during impeachment proceedings — finds no support in early American practice,” the GOP ex-officials contend. “During the early republic, Congresses and presidents recognized that Congress had nearly untrammeled authority to request documents and testimony to support impeachment proceedings.”

    Signed on to the brief are several prominent former lawmakers, including former Sen. Gordon Humphrey (R-N.H.), and ex-Reps. Mickey Edwards (R-Okla.) and Jim Leach (R-Iowa). Former Justice Department official Stuart Gerson and prominent conservative lawyer George Conway are also among those asking the D.C. Circuit Court of Appeals to endorse Congress’s right to question senior executive branch officials about potential misconduct.

    “Placing the president and his aides above the law would be truly un-American. Early U.S. Congresses and courts subpoenaed presidents, and the presidents complied with those subpoenas. That should remain the case today,” said another signer, former Rep. Reid Ribble (R-Wis.).

    We are not now that strength which in old days
    Moved earth and heaven; that which we are we are; One equal temper of heroic hearts
    Made weak by time and fate but strong in will
    To strive to seek to find and not to yield.

  • #2
    This should have been done pre-impeachment articles. This is just another example of how Democrats are short circuiting the legal system. If Trump's previous lawyer (lawyers usually being exempt from testifying about attorney-client matters) should testify, then the courts can decide. That the Democrats expect everyone to just cower and do as they're told is as ridiculous as the whole show trial of impeachment they're holding.


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