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DOJ To Nadler: ‘Congress May Not Constitutionally Compel The President's Senior Advisors To Testify’ Rate Topic: -----

#1 User is offline   Liz 

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  Posted 21 May 2019 - 10:52 PM

DOJ To Nadler: ‘Congress May Not Constitutionally Compel The President’s Senior Advisors To Testify’

saraacarter.com
By Sara Carter -
May 20, 2019

Excerpt:

The Department of Justice issued a memorandum to President Donald Trump’s legal counsel Monday stating that “Congress may not constitutionally compel the President’s senior advisors to testify about their official duties.”

The House Judiciary Committee subpoenaed Trump’s former White House Counsel Don McGahn last week to testify specifically about matters regarding Special Counsel Robert Muller’s report.The memorandum was in direct response to current Trump counsel Pat Cipollone’s question as to whether McGahn is legally required to appear before the committee to testify.

The DOJ’s eight page memorandum, written by Assistant Attorney General Steve Engel, clearly argues the separation of powers and states that “Congress could not lawfully exercise any inherent contempt authority against Mr. McGahn for asserting immunity. The constitutional separation of powers bars Congress from exercising its inherent contempt power in the face of a presidential assertion of executive privilege.”

Last week, Judiciary Committee chairman Rep. Jerrold Nadler, D-NY, threatened he was prepared to have his panel vote to hold McGahn in contempt of Congress if did not appear before the committee on Tuesday. It would be a contempt citation and could result in the House turning to a federal court to try to enforce its subpoena but the memorandum makes clear that there is a separation of powers issue that must be considered.

“We provide the same answer that the Department of Justice has repeatedly provided for nearly five decades: Congress may not constitutionally compel the President’s senior advisors to testify about their official duties.”

“This testimonial immunity is rooted int he constitutional separation of powers and derives from the President’s independence from Congress,” the memoradum states.

*snip*

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#2 User is offline   MontyPython 

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Posted 21 May 2019 - 11:09 PM

Awww.......:comfort:......There there Mr Nadler......

:tongue2:
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#3 User is offline   Liz 

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Posted 22 May 2019 - 12:20 AM

View PostMontyPython, on 21 May 2019 - 11:09 PM, said:

Awww.......:comfort:......There there Mr Nadler......

:tongue2:

Couldn't have happened to a more deserving guy.
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#4 User is offline   MontyPython 

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Posted 22 May 2019 - 01:00 AM

View PostLiz, on 22 May 2019 - 12:20 AM, said:

Couldn't have happened to a more deserving guy.


Yup. I've scraped substances off my shoe more worthy of respect than Jerry Nadler.

But then, the same applies to Pelosi, Schiff, Swalwell, Warren, Bernie, AOC, Ilhan Omar, Rashida Tlaib, Hillary...

...Oh hell, pretty much every Democrat these days.

:censored:
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#5 User is online   Rock N' Roll Right Winger 

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Posted 22 May 2019 - 01:09 AM

This won't stop these dumbascraps at all.

They will say that the DOJ and Barr are all Trump appointees and just call for their impeachment as well.

The dumbascraps are beyond pathetic and criminal.

This post has been edited by Rock N' Roll Right Winger: 22 May 2019 - 01:10 AM

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#6 User is offline   NH Populist 

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Posted 22 May 2019 - 05:30 AM

Well that's too bad. I'm sure Lefties were hoping to keep these fishing expeditions going 'til Hell freezes over, or at least 'til Trump leaves office. I wonder if they'll actually start doing the work of the people now, like helping to secure the border, maybe?!

This post has been edited by NH Populist: 22 May 2019 - 05:31 AM

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#7 User is offline   JerryL 

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Posted 22 May 2019 - 06:18 AM

View PostNH Populist, on 22 May 2019 - 05:30 AM, said:

Well that's too bad. I'm sure Lefties were hoping to keep these fishing expeditions going 'til Hell freezes over, or at least 'til Trump leaves office. I wonder if they'll actually start doing the work of the people now, like helping to secure the border, maybe?!

I would wager that they will find some leftist judge who will rule that Congress can enforce the subpoena and the contempt. Up is down and left is right with these people and, the law be damned, the only thing that matters is the agenda.
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#8 User is offline   Taggart Transcontinental 

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Posted 22 May 2019 - 06:50 AM

Well the law does not apply to the DNC so I can't see how this obvious reality will not be ignored.
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#9 User is offline   mjperry51 

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Posted 22 May 2019 - 07:24 AM

Oversight -- yes.
Not at the expense of the destruction of the separation of powers.

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#10 User is offline   USMCforever60 

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Posted 22 May 2019 - 10:08 AM

Enjoy when Congress, specifically House members, who believe they to be either Clarence Darrow or William Jennings Bryan! And spout off legal epithets to the press or whom ever decides to listen. Better to be quiet and thought the fool than open ones mouth and remove all doubt.
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