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The Office of Legal Counsel deemed the subpoena "invalid," and Butler said Ellis had "been instructed not to appear."
Last month, head White House counsel Pat Cipollone said that White House officials would not cooperate with the inquiry, arguing that it "violates fundamental fairness and constitutionally mandated due process" and privilege and immunity for the executive branch of government.
originally posted by: OccamsRazor04
a reply to: Sookiechacha
A stay was issued, which means as of right now there is no legal right for him to testify. Fact.
If Democrats want the witnesses they need to go to the courts. They are a co-equal branch, they do not simply get to override the Executive.
originally posted by: Sookiechacha
a reply to: OccamsRazor04
From your citation:
The Office of Legal Counsel deemed the subpoena "invalid," and Butler said Ellis had "been instructed not to appear."
That's not the way executive privilege is legally asserted.
Also from your link:
Last month, head White House counsel Pat Cipollone said that White House officials would not cooperate with the inquiry, arguing that it "violates fundamental fairness and constitutionally mandated due process" and privilege and immunity for the executive branch of government.
The decision by the Supreme Court to review the lower court rulings involving congressional and prosecution subpoenas directed toward President Trump undercuts the second article of impeachment that passed the House Judiciary Committee along party lines last week.
That second article of impeachment charges President Trump with obstruction of Congress for refusing to comply with the congressional subpoenas in the absence of a final court order. In so charging him, the House Judiciary Committee has arrogated to itself the power to decide the validity of subpoenas, and the power to determine whether claims of executive privilege must be recognized, both authorities that properly belong with the judicial branch of our government, not the legislative branch. The House of Representatives will do likewise, when it votes to approve the articles, as the chamber is expected to do so Wednesday.
originally posted by: OccamsRazor04
a reply to: UKTruth
The argument I have seen Democrats make is if we follow the Constitution and allow Trump his Constitutional protections and powers he will steal the election so he can not be allowed his rights.
The White House and McGhan have argued his testimony was protected by executive privilege, and therefore he was not able to testify as part of any congressional probes.
But U.S. District Court Judge Ketanki Brown Jackson ruled on Monday that if he wanted to assert executive privilege to avoid testifying, he would need to appear before Congress and do it himself, on a question-by-question basis.
originally posted by: Sookiechacha
a reply to: OccamsRazor04
The White House and McGhan have argued his testimony was protected by executive privilege, and therefore he was not able to testify as part of any congressional probes.
But U.S. District Court Judge Ketanki Brown Jackson ruled on Monday that if he wanted to assert executive privilege to avoid testifying, he would need to appear before Congress and do it himself, on a question-by-question basis.
www.foxnews.com... he-presidenc
originally posted by: bigfatfurrytexan
a reply to: Sookiechacha
If so...them its on the Dems to take it to court to resolve
Why were they in too big a hurry to do so? Their rush job is what allows McConnell to do what he plans to do. Which he has full authority to do Constitutionally.
originally posted by: OccamsRazor04
a reply to: Liquesence
So they want to throw away the Constitution because following it will take too long.
originally posted by: bigfatfurrytexan
a reply to: Liquesence
Ahhh yes. Due process is too much trouble to go through for such a somber act.
originally posted by: Liquesence
originally posted by: OccamsRazor04
a reply to: Liquesence
So they want to throw away the Constitution because following it will take too long.
How'd they do that?
originally posted by: Liquesence
originally posted by: bigfatfurrytexan
a reply to: Liquesence
Ahhh yes. Due process is too much trouble to go through for such a somber act.
Due process is required for impeachment?
Where is that in the Constitution?