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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDOJ says only the executive branch can decide whether to go to court to enforce Congressional subpoe
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MontanaMama
(23,314 posts)checks and balances.
Eyeball_Kid
(7,431 posts)Autumn
(45,071 posts)Mystery sage
(576 posts)To be fair though they're working on it behind the scenes it just may be a while before we see anything come out of it
Autumn
(45,071 posts)CrispyQ
(36,462 posts)jaysunb
(11,856 posts)BSdetect
(8,998 posts)When they start rounding up anyone they call a dissident by their own definitions it will be too late.
FBaggins
(26,735 posts)It's less a political fight between right and left than it is a fight between two co-equal branches of government trying to get the third to go to the prom with them.
This is an almost identical argument to when the House tried to get the courts to enforce a subpoena against Eric Holder after the Obama DOJ (run by Holder) declined to prosecute. The House won the initial claim (and will almost certainly win here as well), because the DC circuit had rulings from the 70s that supported that reading... but the two sides cut a deal before the DC circuit finished reviewing the case.
There's a 50/50 chance that the appellate court will overturn the earlier precedent and rule against the House... but there's little doubt that the current SCOTUS would do so.
Brawndo
(535 posts)Gothmog
(145,180 posts)kentuck
(111,092 posts)Let the Court go on record.
Gothmog
(145,180 posts)struggle4progress
(118,282 posts)Volaris
(10,270 posts)It's the executive that has to enforce law at the federal level...its an oversight by the people who wrote the constitution that thought the executive would defer to the wishes of a co equal branch out of respect.
To the best of my knowledge, it was remedied in every state constitution written...power of enforcement in these kinds of matters rests with the courts...not the governors necessarily..
uponit7771
(90,335 posts)... to put democrats in jail quick fast for being non-white or some other stupid shit
Volaris
(10,270 posts)If not, subpoena enforcement falls to the executive branch...its why Karl Rove flat out ignored the congressional order to testify...because Jr told him he wouldn't enforce it...
If there were specific or mitigating circumstances, I'm not aware of them.
uponit7771
(90,335 posts)The last time Congress arrested and detained a witness was in 1935.[3] Since then, it has instead referred cases to the United States Department of Justice
Volaris
(10,270 posts)Kid Berwyn
(14,901 posts)Before Barr and the Unitary Executive, I mean.
DFW
(54,370 posts)And only Republican foxes at that.