Giuliani Won’t Comply with Subpoena
Well, it seems there are only two responses possible here:
a) “Oh, that’s fine. Sorry to have bothered you,” or
b) “You’re under arrest. You have the right to remain silent….”
I’m for “b.”
Tagged with: Giuliani Won't Comply with Subpoena
Craig,
“I’m for “b.”
Yes, of course you are! But then you’re not really big on a little thing called ‘due process’ when it comes to your enemies are you?
Now I’ve done some reading on the subject of The Powers of Congress, and I don’t agree with the President or Giuliani’s interpretation.
There doesn’t really seem to be an set procedure or limitation of the powers of subpoena, so we are in uncharted territory.
Ultimately, if Congress commenced contempt proceedings, the matter would be decided by a Judge, and ultimately by the US Supreme Court.
The difficulty for the democrats is wording includes the term, “the will of the Congress” (representative chamber).
The President’s lawyers would argue, the “Will of Congress” is unknown, since no formal vote has been taken. The subpoena would therefore be invalid.
The Congress would argue Congress doesn’t need a formal vote, the power is inherent in the committee’s existing powers.
But, then it gets more complicated. I doubt whether any court would find the defendants “Knowingly and unlawfully” defied the subpoena. It would be obvious the defendants had a reasonable and sincere belief they were right to refuse to comply and the most appropriate remedy would be an order by the court compelling the defendants to comply.
(Sorry, no exciting handcuffs).
The argument concerning “attorney privilege” doesn’t hold water. It’s clear communications between the President and Giuliani were not for the purpose of providing legal advice.
In fact Giuliani was acting as an envoy or agent of the President so it would be perfectly proper to summons him.
The question of Presidential privilege and how far that extends to agents and envoys, is very complex and untested.
The danger for the President isn’t great either way. Since it’s obvious the Democrats are determined by fair means or foul to impeach the President, only to be rejected by the Senate, the whole thing is an exercise in futility.
Whatever the outcome it’s clearly politically motivated and not for the good of the nation.
What the average voter makes of all this, it’s difficult to tell.
On the one hand, those who hate the President will hate him even more, those who support him will ratchet up their support, and the undecided are difficult to predict.
On the one hand, the whole business reveals a highly unconventional President, behaving in a very unpresidential manner.
On the other hand, many undecided Americans may be very angry at an unpopular Congress (approval rating 21%) arrogantly bringing impeachment proceedings just prior to a general election.
Joe Public may conclude it is he, not a bunch of congresspeople, who should decide Presidential elections.
Impeachment also focuses attention on Joe Biden and his son. Try as they may, the democrats will have difficulty selling the idea that an American can break the law in foreign country, amass billions of corruptly obtained dollars, while dad is Vice-President and not be investigated as long as you are an enemy of President Trump !
The other aspect is Joe Biden is not yet the official candidate.
Claiming the US Constitution forbids a US President from seeking investigation at home or abroad of any associates of a US politician who may not support the President, might be a bridge to far for the US Supreme Court, or US voters.
In reality, what the President did doesn’t constitute either a “high crime or Misdemeanor”.
It was the way the President went about it that deserves criticism. The President should have gone through the proper channels, but many Presidents have used private envoys.
Impeachment will backfire on the Democrats. It looks like what it is, a vicious, prolonged political attack on the President and an attempt to shield one of their own from being accused of wrongdoing.
Congress should have been more moderate, and more effective by simply censuring and reprimanding the President’s methods and conduct.
Such a strategy, may have had the effect of gaining support from many GOP conservatives who may not wish the President removed from office, but would mind seeing his wings clipped.
The Congress would have looked moderate and acting in the best interests of the nations, instead of appearing like a bunch of power mad, rabid jackals, behaving like a lynch mob.