Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

I'll try again to respond to this politico piece:

https://www.politico.com/news/2023/09/12/trump-doj-assist-biden-impeachment-probe-00115393

First, some background.

The House issued a subpoena to Donald Trump in 2019 in as part of the first Impeachment inquiry.

Trump and his advisors made up a rule: The committee could not subpoena him without a full house vote.

Pelosi said that was nonsense. No full house vote was needed before the committee could issue subpoenas.

Pelosi, of course, was right. . .

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

The executive branch cannot dictate rules to the House.

The president cannot invent rules that allow him to decide when to comply with subpoenas.

Also recall that we were all properly horrified by how Trump had politicized the DOJ by taking over and giving it orders.

For me, by the way, this was one of the creepier moments in the Trump administration. Autocrats control prosecutors. Our system creates prosecutorial independence.

2/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

Remember also how horrified we were that Trump was creating rules for refusing to comply with subpoenas.

(As I recall, Giuliani made similar announcements. He said that any House subpoena would be invalid because blah blah blah.

No doubt at Trump's instruction, the DOJ came up with an opinion that the House subpoenas were not valid because blah blah blah.

These OLC memos are not "binding" on anyone, particularly Congress. At any time, the DOJ can say 'nope.'

3/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

If these memos were binding on future administrations, before leaving office, Trump could have had his DOJ create opinions that would bind Biden. Nonsense, of course.

Politico implies that Biden can say "HA HA I'm not complying because of a memo that the Trump administration created."

There are lots of reasons Biden won't (and shouldn't) do that.

If subpoenas are frivolous there are ways of challenging them in court.

4/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

Who knows if the House crazies will even get that far, right?

I don't know if impeaching a president for something done before office is even a thing. It makes no sense.

I also don't know whether Biden will challenge a subpoena or just show up like Clinton did.

I'll also remind you that each time Trump people have challenged subpoenas in court, people were furious and accused them of "abusing" the legal system.

Everyone has the right to challenge a subpoena.

5/

JOdell,

@Teri_Kanefield impeachment theatre is getting out of hand. I think a bipartisan group should draft an amendment that clarifies impeachment issues and procedures and create some presidential accountability that's somewhere between a censure and a full-blown impeachment. Also to deal with lame duck presidents who won't admit defeat and what do to if there is an out of office impeachment like a 6 month SOL for that.

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