Laurence Tribe: The House must flex its Constitutional muscles to get to Trump

[pnwmom]

https://www.theguardian.com/commentisfree/2019/sep/30/the-house-constitutional-trump-impeachment-process-president

There is now powerful evidence that Donald Trump committed impeachable offenses by using his foreign policy and military powers to solicit (and all but coerce) Ukraine’s president to interfere with the 2020 presidential election. Nancy Pelosi, speaker of the House of Representatives, has confirmed that the House will move swiftly to investigate this threat to democracy, national security, and the separation of powers.

The first stages of that impeachment inquiry are already underway. It’s therefore important to think ahead about what should happen as the House inquiry unfolds – especially in the House intelligence and judiciary committees, chaired respectively by Adam Schiff and Jerrold Nadler. If the House is going to impeach the president, it better have a plan.

SNIP

Given the urgency of the situation, the House has no choice but to issue a firm ultimatum to Trump: comply with our subpoenas immediately or we will infer that your unlawful obstruction is itself proof of guilt. This is well within the House’s authority. When the House opens an impeachment inquiry, it wields extraordinary constitutional powers and serves as the ultimate check on a rogue president. It can therefore overcome virtually any executive branch privilege or immunity. Otherwise, the president could commit high crimes and misdemeanors and defeat accountability by simply defying all efforts to discover his wrongdoing.

The House has already embarked on this path. On Friday, the House foreign affairs committee, in consultation with the House intelligence and oversight committees, issued a first round of subpoenas – and made clear to recipients that “your failure or refusal to comply with the subpoena shall constitute evidence of obstruction of the House’s impeachment inquiry.” That is exactly the right procedure.

SNIP

[Eyeball_Kid]

1. Step One:

Arrest and jail Giuliani when he refuses to respond to a subpoena. Do not discuss it, do not issue warnings. Just send the SAA to his home and drag him out, then toss him in the clink until he submits to a subpoena. Make it simple.

Giuliani already knows the possible consequences of refusing a Congressional subpoena. He doesn't need a primer.

[dlk]

2. Step Two: Instruct the Sargent-at Arms in the House to begin preparing holding cells

Just in case...

[NewJeffCT]

3. I hear the detention facilities near the border

are like summer camps. Maybe stash them there?

[Thekaspervote]

5. Oh that would be soooo fitting!!

[Amimnoch]

7. ROFLMAO! Perfect. -nt

[erronis]

9. Need some extra-large (bigly) tinfoil tarps to cover the MF while he's quivering on the concrete

Not sure his diet will be two-scoops and an extra dollop of special sauce.

Good weight loss program for the Loser.

And a great weight loss program for the US!

[stopdiggin]

4. that's pretty out there

In the opinion of this man. (and, yes, we all know who Tribe is)

"It can therefore overcome virtually any executive branch privilege or immunity."

That's a HUGE claim. (and probably a novel one) Are you really going to find a lot of judges that are willing to walk that path?

[ffr]

8. I think when the corruption is so out in the open, judges will be compelled to lean on the side

of the law. But regardless, when there is an impeachment "inquiry," there is a level of additional authority that congress has with regards to inferring. I believe this is the angle Tribe and Schiff have taken. They will specifically outline that if their subpoenas are ignored or testimony is not provided, they will infer the answer to their requests as admission of guilt on the person in question.

Their duty after the inquiry is to make their best judgement as to what articles of impeachment, if any, they will vote on. Then pass on to the senate those articles.

[NewJeffCT]

11. Yes, there is an additional level of authority and

cases will be expedited through the courts (not sure if they go directly to SCOTUS or if they go to DC Federal Court first or not?)

That said, there is nothing stopping SCOTUS from tossing out precedent and granting Trump sweeping executive privilege.

[ffr]

6. Treat him as a hostile witness. You have the authority and you have our permission.

The public has the right to know what their president has done and if he is a crook.

We'll get to Pence after that's done.

[Laura PourMeADrink]

10. Please listen to him this time

They did hear complaints about dragging things out...which is great. You can already see the effects of keeping this in news every day. If they listen to the best minds on legal strategies that will be great too. PR & media savvy people needed too.

My biggest worry is him of course - if he ends up leaving. It's not like we are dealing with a man with any dignity who will hop on a plane with his wife and wave goodbye. Then you've got the deplorables to worry about. Also he has purged all the normal people out of his cabinet and inner circle. No more sane generals and people like Tillerson left. That's a huge consideration.